Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit affirmed the denial of a motion to intervene in a class action against Google, ruling the request was untimely under Federal Rule of Civil Procedure 24. The court held that intervening three months before a settlement approval hearing would likely void the agreement and prejudice the existing parties.
The Seventh Circuit dismissed an appeal from a denial of qualified immunity because the case turned on genuine disputes over material facts. Appellate courts lack jurisdiction to resolve factual contests at the summary judgment stage, even when video evidence exists.
The Ninth Circuit reversed and remanded a wage-and-hour judgment against Jack in the Box, holding that the district court erred in granting summary judgment on the willfulness of Workers' Benefit Fund overdeductions. The panel also ruled that the employer must pay for the full duration of shortened meal breaks under Oregon law and remanded the shoe deduction claims for a jury to determine if the deductions ultimately benefited employees.
The Seventh Circuit granted Indiana's emergency motion to stay a district court injunction that had barred enforcement of Senate Bill 10. Applying the Purcell principle, the court held that federal courts should generally avoid altering election rules on the eve of an election to prevent voter confusion and administrative chaos.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting a motion to reopen removal proceedings based on ineffective assistance of counsel. The court affirmed that the petitioner failed to satisfy the procedural requirements of Matter of Lozada because he did not provide his former counsel sufficient time to respond to allegations before filing his motion.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen removal proceedings based on ineffective assistance of counsel. The court upheld the BIA's finding that the petitioner failed to meet procedural requirements because he provided his former attorney only three days to respond to allegations before filing the motion.
The Ninth Circuit vacated summary judgment on a False Claims Act retaliation claim, ruling that an employer's refusal to renew a contract after an employee reported Medicaid fraud created a genuine dispute of material fact. The court held that a reasonable jury could find the nonrenewal was likely to deter protected activity and that the employer's stated reasons were pretextual.
The Ninth Circuit reversed the dismissal of a consumer class action alleging Target sold cotton sheets with impossible thread counts. The court held that literally false advertising claims present questions of fact inappropriate for dismissal at the pleading stage.
The Eleventh Circuit affirmed summary judgment for the Baldwin County Board of Education, holding that Elnoria Howell failed to prove race discrimination under Title VII. The court found no evidence of pretext or disparate treatment sufficient to support a reasonable inference of unlawful discrimination.
The Eleventh Circuit affirmed the district court's order civilly committing a defendant found not guilty by reason of insanity, holding that substantial evidence supported the finding that his mental illness posed a substantial risk of bodily injury to others if released. The court concluded that the statutory criteria for continued custody were met despite the defendant's stable condition in a structured facility.
