United States Supreme Court
Recent Opinions
Much publicized “Bong Hits 4 Jesus” case
First Amendment and School Children
Partial-Birth Abortion Ban Act of 2003 upheld
Review of the Federal Employees Liability Reform and Tort Compensation Act of 1988 (Westfall Act)
The United States must remain the federal defendant in the action unless and until the district court determines that the employee engaged in conduct beyond the scope of his employment.
A final decision on the merits denying permanent injunctive relief ordinarily determines who prevails in the action for purposes of §1988(b).
A plaintiff who achieves a transient victory at the threshold of an action can gain no award under that fee-shifting provision if, at the end of the litigation, her initial success is undone and she leaves the courthouse empty handed.
Parents Involved in Community Schools v. Seattle School District
A school’s plan to use race as the deciding factor to make transfers or school assignments does not survive strict scrutiny on the federal constitutional claim because it does not serve a compelling government interest.
When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. A passenger is seized as well and so may challenge the constitutionality of the stop.
West Virginia Supreme Court Of Appeals
Recent Opinions
Appeal of Order of the Circuit Court of Ohio County, West Virginia, dismissing the action for wrongful discharge filed against employer, Monical, LLC d/b/a Holiday Inn Express.
Appeal from Order of the Circuit Court of Hampshire County, which granted appellee a permanent injunction, and an Order of the Circuit Court of Hampshire County, which found appellant to be in contempt of court.
Appeal from Order of the Circuit Court of Barbour County granting summary judgment.
Jackson v. Putnam County Board of Education
Appeal of Susan M. Jackson, Administration of the Estate of her son, Timothy J. Jackson, from the Order of the Circuit Court of Putnam County, West Virginia, granting summary judgment in favor of the Putnam County Board of Education.
Burch, et al. v. Nedpower Mount Storm LLC
Appeal from Order of the Circuit Court of Grant County that dismissed a nuisance claim in which appellants sought an injunction against the appellees to enjoin the appellees from constructing a wind power electric generating facility in close proximity to the appellants’ property.
Hartley Hill Hunt Club v. Co. Comm. of Ritchie Co.
Appeal from the Circuit Court of Ritchie County to examine the constitutionality of a statute that prohibits Sunday hunting in certain circumstances.