Correspondent
White House correspondent, covers patent, trade and regulatory news
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung Benefits Act claims against its former subsidiary, Apogee. The court relies on binding precedent to reject the argument that selling the subsidiary in 2005 terminated Arch's self-insured liability for pre-2005 claims.
The Sixth Circuit denied petitions for review seeking to overturn a Benefits Review Board order holding Arch Resources liable for Black Lung Benefits Act claims. The court ruled that the petitioners' arguments were identical to those rejected in a binding 2024 precedent, leaving the Board's decision affirming Arch's financial responsibility in place.
The Fourth Circuit affirmed the district court's denial of a pro se litigant's motion for sanctions, ruling that the motion failed to satisfy the mandatory safe harbor provision and was untimely. The court also upheld the rejection of a motion for reconsideration because the appellant failed to identify errors or present new evidence.
The Fourth Circuit denied Michael R. White's petition for a writ of mandamus, ruling the case moot because the district court had already issued a final order on his motion. The court found no live controversy remained to justify an appellate directive forcing the district court to act.
The Fourth Circuit affirmed the district court's dismissal of Jesse D. Pellow's civil action against the Unified Judicial System of Pennsylvania for lack of subject matter jurisdiction. The court found no reversible error in the lower court's ruling, leaving the plaintiff without a federal forum to pursue his claims.
The Fourth Circuit affirmed the district court's denial of a pro se litigant's postjudgment motion to amend, finding no reversible error in the lower court's conclusion that the appellant presented no grounds for relief. Relying on a prior unpublished opinion that dismissed the underlying complaint, the appellate court upheld the dismissal without oral argument.
The Fourth Circuit affirmed the dismissal of a former employee's claims for unpaid profit-sharing, ruling that oral agreements contradicting a written contract's 'Entire Agreement' clause are unenforceable. The court held that the written contract's explicit statement of 'full compensation' barred quasi-contractual theories like promissory estoppel and unjust enrichment.
The Fourth Circuit granted a motion to stay the removal of a petitioner pending appeal, temporarily halting his deportation. The court deferred ruling on the government's motion to dismiss the appeal until a panel is assigned to review the case.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act. The court holds that Arch's arguments are precluded by binding precedent from a prior published decision involving identical facts.
