Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fourth Circuit affirmed the district court's dismissal of a civil complaint for improper venue. The court held that the appellant forfeited his right to appellate review by failing to file specific objections to the magistrate judge's recommendation after receiving proper notice.
The United States Court of Appeals for the Fourth Circuit affirmed a Tax Court order dismissing a taxpayer's challenge to restitution-based assessments for lack of jurisdiction. The appellate court also upheld summary judgment regarding unpaid federal income tax and civil penalties.
The United States Court of Appeals for the Eighth Circuit issued an opinion in this civil matter. The court entered judgment in accordance with the opinion and provided instructions regarding post-submission procedures.
The Fourth Circuit denied a petition for a writ of mandamus, ruling that a district court has no obligation under Federal Rule of Civil Procedure 23(e) to evaluate a class settlement after denying class certification. The court further held that mandamus cannot serve as a substitute for an appeal when adequate appellate remedies exist.
The Fifth Circuit affirmed the dismissal of an adversary complaint seeking an accounting of assets from a bankruptcy claimant trust. The court held that the appellant, holding only a contingent and unvested trust interest, lacked standing to demand disclosure under the trust agreement's clear terms.
The Fifth Circuit affirmed a district court judgment finding Texas International Terminals liable for breaching a facility agreement by failing to issue a Notice of Stable Operations. The court held that the contract term stable operations possessed an ordinary meaning of steady, consistent operations, not a specific production rate.
The Third Circuit denied in part and dismissed in part a petition challenging an Immigration Judge's rulings on administrative closure, continuance, and voluntary departure. The court held that the petitioner failed to show the first two rulings affected the outcome of his removal, while the third was barred from judicial review by statute.
The Eleventh Circuit affirmed the confirmation of a FINRA arbitration award in favor of Wells Fargo, ruling that the arbitrator acted within contractual authority despite the employee's res judicata defense. However, the court vacated the judgment and remanded the case to correct a procedural error where the arbitration award was accidentally omitted from the record.
The First Circuit affirmed the denial of a motion to compel arbitration, holding that an individual courier could not be bound by a vendor agreement he signed only as the owner of a corporation. The court ruled that equitable estoppel theories failed because the benefits flowed to the corporate entity, not the individual, and the claims were not sufficiently intertwined with the agreement.
The United States Court of Appeals for the Tenth Circuit administratively closed an appeal that was inadvertently transmitted to it by the district court. The court corrected a clerical error after the district court properly filed the notice of appeal with the United States Court of Appeals for the Federal Circuit.
