Archive for February, 2002

RAYGOR, LANCE, ET AL. v. REGENTS OF THE UNIV. OF MN. Decided 02/27/2002

Tuesday, February 26th, 2002
Title 28 U. S. C. ยง1367(d), which purports to toll the statute of limitations for supplemental state-law claims while they are pending in federal court and for 30 days after they are dismissed, does not apply to claims against nonconsenting state defendants that are dismissed on Eleventh Amendment grounds.

SWIERKIEWICZ, AKOS v. SOREMA N.A.. Decided 02/26/2002

Monday, February 25th, 2002
A complaint in an employment discrimination lawsuit need not contain specific facts establishing a prima facie case of discrimination under the framework set forth in McDonnell Douglas Corp. v. Green, 411 U. S. 792, but instead must contain only "a short and plain statement of the claim showing that the pleader is entitled to relief," Fed. Rule Civ. Proc. 8(a)(2).

PORTER, CORRECTION OFFICER v. NUSSLE, RONALD. Decided 02/26/2002

Monday, February 25th, 2002
The Prison Litigation Reform Act of 1995's exhaustion-of-administrative-remedies requirement applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege corrections officers' use of excessive force or some other wrong.

WI DEPT. OF HEALTH & FAMILY v. BLUMER, IRENE. Decided 02/20/2002

Tuesday, February 19th, 2002
The Wisconsin Medicaid statute's "income-first" prescription requiring that potential income transfers from an institutionalized spouse to her spouse living at home be considered in determining whether to increase the latter's "Community Spouse Resource Allowance" is a permissible interpretation of the federal Medicare Catastrophic Coverage Act of 1988.

OWASSO INDEP. SCH. DIST. v. FALVO, KRISTJA, ETC., ET AL.. Decided 02/19/2002

Monday, February 18th, 2002
Peer grading-where students score each other's tests, papers, and assignments as the teacher explains the correct answers to the class-does not violate the Family Educational Rights and Privacy Act of 1974's prohibition on the release of education records without parental consent.

BARNHART, COMMR, SOC SEC v. SIGMON COAL CO., ET AL.. Decided 02/19/2002

Monday, February 18th, 2002
The Coal Industry Retiree Health Benefit Act of 1992 does not permit the Commissioner of Social Security to assign retired miners to the successors in interest of out-of-business coal operators that signed agreements requiring contributions to the 1950 or 1974 Benefits Plans for miners.