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Decisions in Environmental and Title VII Cases, Plus Junk Fax Case

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By FindLaw Staff on May 27, 2010 4:33 PM

Habitat Educ. Ctr. v. U.S. Forest Serv., No. 09-278, concerned a nonprofit environmental organization's suit against the U.S. forest service to obtain judicial review of the service's decision to allow several thousand acres of a national forest in Wisconsin to be logged.  In affirming the district court's denial of plaintiff's request to rescind or modify the injunction bond order, the court held that plaintiff's argument that nonprofit entities should be exempt from having to post injunction bonds flies in the face of Rule 65(c).   

CE Design, Ltd. v. Prism Bus. Media, Inc., No. 09-3172, concerned a plaintiff's suit under the Telephone Consumer Protection Act (TCPA), against the defendant for sending a fax advertising a trade show to the plaintiff.  In affirming the district court's grant of defendant's motion for summary judgment, the court held that the district court correctly determined that it lacked jurisdiction to consider the validity of the "established business relationship" (EBR) defense.  The court also held that the district court correctly determined that the EBR exemption applies in this case as the parties' publisher-subscriber relationships falls within the scope of business relationships the FCC intended the EBR defense to cover.   

Poer v. Astrue, No. 09-3473, concerned a Title VII suit brought by an employee of the Social Security Administration, alleging that the Administration failed to promote him because he had testified on behalf of two other employees.  In affirming the district court's grant of summary judgment in favor of the Administration, the court held that the plaintiff failed to demonstrate a causal connection between the protected activity and the adverse action of not being promoted.   

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