This case touches on critical and sensitive issues of tribal membership that are generally beyond our review because [a] tribe s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community. Santa Clara Pueb...   MORE>>

In connection with a proposed surface coal mine adjacent to Reylas Fork (a stream) in Logan County, West Virginia, the West Virginia Department of Environmental Protection ("WVDEP") issued Highland Mining Company a permit under the Surface Mining Control and Reclamation Act ("SMCRA") to do the minin...   MORE>>

The Section 8 program is a vast effort on the part of federal, state, and local authorities to provide decent, safe, and sanitary housing to low-income families, the elderly, and the disabled. The program is administered by the U.S. Department of Housing and Urban Development ("HUD") in conjunction ...   MORE>>

The Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state laws related to a price, route, or service of any motor carrier . . . with respect to the transportation of property. 49 U. S. C. 14501(c)(1). This provision borrows from the Airline Deregulation Act of 1978...   MORE>>

In this case, a Chapter 13 bankruptcy trustee, Timothy Branigan (the "Trustee"), challenges confirmation orders, entered by the bankruptcy court and affirmed by the district court, stripping off junior liens against debtors residences. The Trustee argues that the Bankruptcy Abuse Prevention and C...   MORE>>

Affordable Communities of Missouri purchased the Jefferson Arms Apartments, a senior independent living complex in St. Louis, Missouri, in 1993. In 1999 Affordable refinanced its debt on Jefferson Arms with a loan from Eichler, Fayne, and Associates (EFA) which would penalize Affordable if it volunt...   MORE>>

The question presented in this appeal is whether a single-floor condominium unit in a multistory building is a lot, thus triggering the disclosure and reporting requirements of the Interstate Land Sales Full Disclosure Act ( ISLA ), 15 U.S.C. 1701 et seq. The Consumer Financial Protecti...   MORE>>

National Bank of Kansas City ( NBKC ) appeals from a grant of summary judgment by the bankruptcy court in favor of Bank of the West ( BOW ), rejecting NBKC s requests for equitable relief, and ruling that BOW had a first priority lien on a piece of the debtor s equipment and is entitled ...   MORE>>

When a dangerous condition exists on commercial premises and causes injury to a business invitee, tort liability typically depends on whether the owner/occupier knew or reasonably should have known of the existence of the dangerous condition. In the case at hand, the district court concluded that th...   MORE>>

When a dangerous condition exists on commercial premises and causes injury to a business invitee, tort liability typically depends on whether the owner/occupier knew or reasonably should have known of the existence of the dangerous condition. In the case at hand, the district court concluded that th...   MORE>>