Findlaw Case Summaries: Constitutional Law March 21-25, 2011

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March 25, 2011.

United States First Circuit, 03/24/2011
Decotiis v. Whittemore, No. 10-1242
In a First Amendment dispute involving allegations of retaliation through adverse employment action, Rule 12(b)(6) dismissals by district court is affirmed in part and vacated in part where plaintiff failed to make a constitutional claim against all defendants.

United States Third Circuit, 03/21/2011
Tri-M Group v. Sharp, No. 10-2365
In a dormant commerce clause challenge to a state regulatory scheme for the training and compensation of apprentices on construction projects, summary judgment in favor of plaintiff is affirmed where refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest.

United States Ninth Circuit, 03/22/2011
Young v. Honolulu, No. 09-16034
In a constitutional dispute on whether a city repeal ordinace violated the Contracts Clause of the United States Constitution, summary judgment is affirmed where ordinance did not breach any of preexisting contractual obligation.

United States Ninth Circuit, 03/22/2011
Hunt v. Los Angeles, No. 09-55750
In a 42 U.S.C. section 1983 dispute challenging the constitutionality of several city ordinances aimed at preventing vending on the Venice Beach Boardwalk, judgment by district court is affirmed in part and remanded in part where court did not abuse discretion but improperly failed to address one of the challenges in the first instance. .

United States Ninth Circuit, 03/25/2011
Stewart and Jasper Orchards v. Salazar, No. 10-15192
District court judgment that application of Sections 7 and 9 of the Endangered Species Act to the California delta smelt does not violate the Commerce Clause is affirmed. ..

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