Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Eleventh Circuit affirmed a district court judgment for an insurance company in a statutory bad faith case, ruling that evidentiary exclusions did not prejudice the plaintiff. The court held that a prior jury verdict establishing excess damages was irrelevant to the jury's determination of whether the insurer acted in bad faith.
The Eleventh Circuit denied a petition for review of a Board of Immigration Appeals decision, holding that a Florida child neglect conviction qualifies as a deportable crime of child abuse under the Immigration and Nationality Act. The court affirmed that the state offense matches the federal generic definition because it requires culpable negligence and creates a substantial risk of harm to a child.
The United States Court of Appeals for the District of Columbia Circuit vacated a district court injunction and remanded the case for further proceedings. The court issued a per curiam judgment accompanied by a majority opinion and a dissenting opinion.
The United States Court of Appeals for the Fifth Circuit dismissed petitions for review filed by three environmental organizations challenging an Environmental Protection Agency order. The court held that all petitioners lacked Article III standing to challenge the agency's grant of primary enforcement authority to the State of Louisiana.
The Ninth Circuit affirmed the denial of a motion to compel individual arbitration, holding that a consumer was not a 'party aggrieved' when an arbitration provider consolidated thousands of identical filings. The court ruled that the Federal Arbitration Act does not allow a petitioner to challenge procedural consolidation or seek to modify the agreement to force individual arbitration.
The Ninth Circuit denied a petition for review challenging the DEA's refusal to exempt a doctor from registration requirements to administer psilocybin under the Right to Try Act. The court held that the DEA's letter was a final agency action and that its denial was not arbitrary or capricious because the agency provided a reasonable explanation for declining to initiate rulemaking.
The Ninth Circuit granted the Lapadats' petition for review and remanded their asylum case, holding that the Board of Immigration Appeals erred by disregarding credible testimony of past persecution. The panel further ruled that the record compels a finding that the Roma are a disfavored group in Romania.
The Ninth Circuit held that listing family members by their agency "A" numbers in a petition for review satisfies the Federal Rule of Appellate Procedure requirement to name all parties. The court rejected the government's request to amend the caption, ruling that "A" numbers provide sufficient notice of identity without foreclosing meritorious claims on technicalities.
The Ninth Circuit enforced the National Labor Relations Board's order finding Macy's Inc. committed an unfair labor practice by locking out striking employees without providing clear conditions for reinstatement.
The United States Court of Appeals for the Ninth Circuit issued an order withdrawing a previously filed opinion and dissent in this immigration case. The court replaced the withdrawn opinion with a memorandum disposition and denied a petition for panel rehearing as moot.
