Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit affirmed the denial of qualified immunity for a police officer who fatally shot an unarmed individual. The court held that viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could find the use of deadly force violated clearly established law.
The Eleventh Circuit held that a plaintiff is entitled to equitable tolling of the 90-day statutory filing period for a Title VII claim when an extraordinary circumstance, such as a hurricane, delays delivery of a complaint despite the plaintiff's reasonable diligence. The court vacated the district court's dismissal and remanded the case for further proceedings.
The Federal Circuit affirmed the dismissal of Larry Golden's complaint and the denial of his motion to disqualify the presiding judge. The court held that the claims were barred by the six-year statute of limitations and that the Court of Federal Claims lacks jurisdiction over patent infringement claims framed as Fifth Amendment takings.
The Fourth Circuit affirmed the dismissal of an environmental consultant's negligent misrepresentation claim against an insurance adjuster, holding that North Carolina law imposes no duty of care on independent adjusters toward third-party claimants. The court reasoned that imposing such a duty would create conflicting loyalties for adjusters who are employed by insurers.
The Fourth Circuit reversed and vacated a district court's class certification order in an ERISA fiduciary breach case involving a defined contribution plan. The court held that individualized monetary claims in such plans cannot be joined in a mandatory class under Rule 23(b)(1) and that the plaintiffs failed to demonstrate commonality.
The Fifth Circuit affirmed the denial of qualified immunity for a teacher's First Amendment free speech and free exercise claims, holding that a principal's categorical ban on visible teacher prayer violates clearly established law under Kennedy v. Bremerton. However, the court reversed the denial of qualified immunity for the equal protection claim, ruling that the complaint failed to allege the principal's personal involvement in disparate treatment.
The Third Circuit affirmed summary judgment for police officers who used deadly force against a man with a mental health crisis holding a pellet gun. The court held that the officers' perception of an imminent threat made their use of force objectively reasonable under the Fourth Amendment.
The Sixth Circuit held that the National Labor Relations Board exceeded its adjudicatory authority by creating a new bargaining order standard in the Cemex decision. Consequently, the court granted Brown-Forman's petition for review and remanded the case for proceedings consistent with the Gissel standard.
The Sixth Circuit reversed a district court dismissal, clarifying that the Rooker-Feldman doctrine does not bar federal lawsuits alleging corporate fraud and breach of fiduciary duty merely because they involve facts related to prior state court receivership proceedings. The court held that federal courts retain jurisdiction over independent claims of misconduct that do not seek direct appellate review of the state court's judgment.
The Sixth Circuit affirmed the district court's grant of summary judgment against a teacher who claimed First Amendment retaliation and religious discrimination. The court held that the teacher's social media post did not address a matter of public concern and that she failed to provide evidence of similarly situated non-Jewish teachers receiving more favorable treatment.
