Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fourth Circuit denied a pro se petition for a writ of mandamus seeking to compel North Carolina state courts to enforce a prior state order. The court held that federal courts lack jurisdiction to issue mandamus relief against state officials or to review final state court orders.
The Fourth Circuit dismissed an appeal filed by a pro se litigant because the notice was submitted before the district court entered a final order. The court held that without a final judgment or specific interlocutory ruling, it lacks the statutory authority to hear the case.
The Fifth Circuit affirmed a district court's grant of summary judgment against a Deepwater Horizon cleanup worker who failed to submit expert reports within the court-ordered deadline. The appellate court held that the district court acted within its discretion to deny a stay and enforce the scheduling order despite the plaintiff's arguments regarding the settlement agreement.
The Fourth Circuit affirmed the district court's dismissal of Richard Phillip of the Family Valdez's federal and state law claims following a review under 28 U.S.C. § 1915. The appellate court found no reversible error in the lower court's proceedings and determined that oral argument was unnecessary.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling dismissing a pro se plaintiff's foreclosure-related claims. The court held that non-diverse defendants were improperly joined and that the plaintiff failed to establish viable legal theories against the diverse defendants.
The Fourth Circuit affirmed the dismissal of nine consolidated civil actions filed by Miyuki Maureen Johnson, ruling that her claims were frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court held that Johnson failed to prove the existence of any lawful trust and cannot proceed pro se on behalf of non-existent entities.
The United States Court of Appeals for the Third Circuit denied a petition for rehearing en banc in a bankruptcy dispute involving the Official Committee of Talc Claimants. The court granted a panel rehearing to allow for amendments to the majority and concurring opinions without altering the final judgment.
The Eighth Circuit certified a novel question of law to the Minnesota Supreme Court regarding whether Amazon is strictly liable for defective products sold by third parties under its Fulfillment by Amazon program. The court determined that state law requires the highest state court to resolve this issue rather than allowing the federal court to make an Erie guess.
The United States Court of Appeals for the Tenth Circuit reversed a district court decision upholding a federal agency order regarding natural gas royalties. The court held that the agency acted arbitrarily and capriciously by failing to consider a prior settlement agreement when calculating deductible costs.
The Third Circuit denied the petition for rehearing en banc in a bankruptcy appeal involving a settlement approved for talc claimants. The court found no compelling reasons to reconsider the panel's amended opinion, leaving the original judgments approving the reorganization plan in full force.
