ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, REMEDIES
Sole v. Wyner, No. 06–531
In the context of attorney's fee awards in private actions brought under 42 U.S.C. section 1983 and other specified measures designed to secure civil rights, prevailing party status does not attend achievement of a preliminary injunction that is reversed, dissolved, or otherwise undone by the final decision in the same case.
BANKING LAW, CONSUMER PROTECTION LAW, DEBT COLLECTION, INSURANCE LAW
Safeco Ins. Co. of Am. v. Burr, No. 06-84, 06-100
In the context of the Fair Credit Reporting Act (FCRA), which requires notice to any consumer subjected to "adverse action...based in whole or in part on any information contained in a consumer [credit] report" and imposes civil liability on one who "willfully fails" to provide such notice, willful failure covers a violation committed in reckless disregard of the notice obligation. Related Resources: • Additional Information, Briefs, and Resources on Safeco Ins. Co. of Am. v. Burr
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Uttecht v. Brown, No. 06-413
Grant of a petition for a writ of habeas corpus setting aside a capital sentence, pursuant to a claim that the trial court had violated petitioner's constitutional rights by excusing a potential juror for cause, is reversed where the court of appeals neglected to accord the proper deference required of courts reviewing claims of Witherspoon-Witt error, and on the record it was error to find that a juror was not substantially impaired in the performance of their duties.
CRIMINAL LAW & PROCEDURE, PER CURIAM
Claiborne v. US, No. 06-5618
As the petitioner in the case died in on May 30, 2007, the judgment of the United States Court of Appeals for the Eighth Circuit is vacated as moot. Related Resources: • Additional Information, Briefs, and Resources on Claiborne v. US