Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal following a stipulation by all parties. The court ordered that each party bear its own costs and attorneys' fees related to the appeal.
The Federal Circuit dismissed an appeal challenging an earlier effective date for accrued veterans benefits because the appellant failed to present a valid legal issue within the court's jurisdiction. The court determined that the claimant's arguments amounted to factual disagreements rather than challenges to the validity of statutes or regulations.
The United States Court of Appeals for the Federal Circuit transferred an appeal from the Social Security Administration to the District Court for the District of Idaho. The court held it lacks jurisdiction to hear appeals from Social Security decisions under the governing statute.
The Third Circuit denied a petition for review by a Honduran mother and her daughters seeking asylum and protection from torture. The court upheld the Board of Immigration Appeals' finding that the petitioners failed to prove the gang threats were motivated by a protected ground rather than financial extortion.
The Sixth Circuit denied a petition for review challenging the Board of Immigration Appeals' rejection of an asylum claim based on a family land dispute in Guatemala. The court held that verbal harassment and non-immediate threats did not constitute persecution under federal immigration law.
The Eleventh Circuit vacated a district court's dismissal of a foreclosure lawsuit, ruling that the lower court erred by applying the Rooker-Feldman doctrine to the entire case without analyzing individual claims. The appellate court held that the plaintiffs' complaint sufficiently alleged federal question jurisdiction through specific statutory violations.
The Ninth Circuit reversed a district court order denying attorney's fees to religious plaintiffs who reached a settlement with the government. The appellate court held that the plaintiffs qualified as prevailing parties because the settlement agreement materially altered their legal relationship and the district court retained jurisdiction to enforce it.
The Fourth Circuit clarified how coal mine employment years are calculated under the Black Lung Benefits Act. The court held that miners need only work one hundred twenty-five days within a calendar year to earn a year of credit, rejecting the requirement of a full three hundred sixty-five-day employment relationship.
The United States Court of Appeals for the District of Columbia Circuit affirmed the district court's orders in this appeal. The court also dismissed the appellant's motion to expedite as moot.
The Third Circuit vacated the District Court's denial of a preliminary injunction because the plaintiffs failed to make a facial showing of subject-matter jurisdiction under the Class Action Fairness Act. The court held that alleging residency is insufficient to establish the diversity of citizenship required for federal jurisdiction in CAFA cases.
