cases

U.S. Supreme Court, Appellate Court Decisions, Trial Court Decisions

Helling v. McKinney, 509 U.S. 25 (1993)(prisoner may challenge unreasonable exposure to second-hand tobacco smoke as a violation of the Eighth Amendment)

Frazier v. Heebe, 482 U.S. 641 (1987); Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988); Barnard v. Thorstenn, 489 U.S. 546 (1989)(invalidating residence requirements for lawyers seeking admission to federal district court bar, to state court bar on motion, and to territorial court bar, respectively)

Bernal v. Fainter, 467 U.S. 216 (1984)(Equal Protection Clause bars states from refusing to license lawful resident aliens as notaries public)

U.S. Supreme Court

Tax Analysts v. IRS, 495 F.3d 676 (D.C. Cir. 2007) (invalidating IRS order limiting disclosure of guidance to taxpayers)

Pye v. U.S. Army Corps of Engineers, 269 F.3d 459 (4th Cir. 2001) (successful challenge to Corps’ failure to follow historic preservation and environmental statutes before issuing permit)

Reform Party of Allegheny County v. Department of Elections, 174 F.3d 305 (3d Cir. 1999) (en banc) (voiding on Equal Protection grounds a state law barring a minor party from cross-nominating a major party's nominee)

Gee v. Southwest Airlines, 110 F.3d 1400 (9th Cir. 1997) (explaining preemptive effect of Airline Deregulation Act on state common law tort actions)

Simon v. Board of Elections and Ethics, 601 A.2d 3 (D.C. 1991) (en banc) (explaining limits on ability of District of Columbia citizens to propose voter referenda that involve expenditures of public funds)

Committee of 100 on the Federal City v. Department of Consumer and Regulatory Affairs, 571 A.2d 195 (D.C. 1990)(first case to reverse an order allowing demoli-tion of building under District of Columbia historic preserva-tion law)

Public Citizen v. Liggett Group Inc., 858 F.2d 775 (1st Cir. 1988) (unsealing tobacco industry records sealed in tobacco product liability suit)

Center for Auto Safety v. Thomas, 806 F.2d 1071 (D.C. Cir. 1986), on rehearing en banc, 847 F.2d 843, on further rehearing en banc, 856 F.2d 1557 (1988)(panel decision overturned EPA rule modifying automo-tive fuel economy standards; en banc court divided evenly on consumer groups' standing to challenge regulation) In re "Agent Orange" Product Liability Litigation, 821 F.2d 139 (2d Cir. 1987)(unsealing all records in Agent Orange class action litigation)

Bargmann v. Helms, 715 F.2d 638 (D.C. Cir. 1983) (successful challenge to Federal Aviation Administration’s refusal to consider proposed rule to require emergency medical kits on commercial aircraft)

Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165 (6th Cir. 1983)(first case extending First Amendment principles regarding public access to courtroom proceedings to court records)

Greentree v. U.S. Customs Service, 674 F.2d 74 (D.C. Cir. 1982) (explaining interaction between Freedom of Information Act and Privacy Act; this decision was later codified by Congress after circuits divided over proper construction of these statutes)

Appellate Court Decisions

Federal Election Commission v. Public Citizen, 64 F. Supp. 2d 1327 (N.D. Ga. 1999), rev'd in part, 268 F.3d 1283 (11th Cir. 2001) (successful challenge to FEC suit alleging coordination of efforts between congressional campaign and independent third party)

Clement v. American Honda Finance Corp., 176 F.R.D. 15 (D. Conn. 1997) (successful challenge to proposed class action settlement involving automobile financing practices)

Amalgamated Clothing and Textile Workers Union v. Wal-Mart Stores, Inc., 821 F. Supp. 877 (S.D.N.Y. 1993)(ordering that a shareholder resolution on equal employment opportunity/affirmative action issues be included in company’s proxy materials)

In re Domestic Air Transportation Antitrust Litigation, 148 F.R.D. 297 (N.D. Ga. 1993) (challenge to antitrust class action settlement providing coupons to airline passengers)

United Church Board for World Ministries v. SEC, 617 F. Supp. 837 (D.D.C. 1985)(overturning SEC rule which increased the percentage of votes which a shareholder proposal must receive in order to be resubmitted in later years)

Trial Court Decisions