Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Seventh Circuit affirmed a summary judgment ruling in favor of the Indiana Department of Transportation. The court held that the plaintiff failed to prove her disability was the sole cause of her termination or that the employer acted with discriminatory intent.
The Eighth Circuit affirmed the Board of Immigration Appeals' denial of a motion to reopen removal proceedings and a motion to remand based on ineffective assistance of counsel. The court held that the motion to reopen was properly denied as speculative due to the lack of a USCIS Notice of Action at the time of filing, and that the petitioner failed to demonstrate prejudice from alleged counsel delays.
The Fifth Circuit Court of Appeals ruled that a Texas law requiring the display of the Ten Commandments in public school classrooms does not violate the Establishment or Free Exercise Clauses of the First Amendment.
The Ninth Circuit reversed the district court's summary judgment, holding that the General Aviation Revitalization Act's statute of repose restarts when identical replacement parts are installed, without requiring a substantive alteration to the aircraft's design. The court affirmed the dismissal of the fraud exception claim due to insufficient evidence of manufacturer concealment and remanded the case for a new causation analysis.
The Eleventh Circuit vacated a district court's preliminary injunction against a state-built immigration detention facility, ruling that the National Environmental Policy Act does not apply. The court held that the facility was constructed and managed by Florida using state funds and personnel, meaning no final federal agency action triggered NEPA review.
The Seventh Circuit affirmed the denial of a preliminary injunction against an Indiana law restricting human sexuality instruction in early elementary grades. The court held that the statute is not unconstitutionally overbroad or vague because it targets official teacher speech and contains an ascertainable core of meaning.
The Eleventh Circuit held that sovereign immunity bars a suit seeking specific performance of contract amendments to college savings plans. While the court agreed the district court correctly found the suit barred, it vacated the dismissal with prejudice and remanded for dismissal without prejudice.
The Seventh Circuit affirmed the denial of a preliminary injunction against a Wisconsin statute requiring FDA authorization for electronic nicotine delivery systems. The court held that the Federal Tobacco Control Act does not preempt state laws regulating the sale of tobacco products.
The Eleventh Circuit affirmed the denial of a preliminary injunction against President Biden's executive order requiring project labor agreements on federal construction projects. The court held that the plaintiffs were unlikely to succeed on their statutory and constitutional challenges, finding the order falls within the President's broad authority over federal procurement.
The Tenth Circuit affirmed the dismissal of landowners' Fifth Amendment takings claims, ruling that they failed to state a valid claim for a judicial taking. Although the court found the plaintiffs had standing and that sovereign immunity did not bar the suit, it held that the New Mexico Supreme Court's decision merely clarified existing public easements rather than taking established property rights.
