Decisions

Every decision we've summarized — searchable, filterable, neutral.

Aug 16 2024
United States Court… 23-7031 Panel Decision

NEXTERA ENERGY GLOBAL HOLDINGS B.V. AND NEXTERA ENERGY SPAIN HOLDINGS B.V v. KINGDOM OF SPAIN

The D.C. Circuit held that U.S. district courts have jurisdiction under the Foreign Sovereign Immunities Act to confirm arbitration awards against Spain, even as Spain argued EU law voided the underlying arbitration agreements. However, the court reversed the lower court's decision to enjoin Spain from seeking anti-suit relief in European courts, citing the sensitive nature of imposing such orders on a foreign sovereign.

Civil Civil Rights - Voting
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Aug 15 2024
9th Cir. 22-1910 Published

CLAUDE STEPHEN BENT v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Aug 15 2024
9th Cir. 2:23-cv-04223- Published

TAHAWWUR HUSSAIN RANA v. W.Z. JENKINS II

The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.

Compassionate Release Constitutional Fifth Amendment - Double Jeopardy Habeas Corpus - General (28 USC 2241)
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Aug 9 2024
United States Court… 22-7129 Panel Decision

Oyoma Asinor and Bryan Dozier v. District of Columbia, et al.

The D.C. Circuit held that the Fourth Amendment requires the continued retention of personal property seized incident to a lawful arrest to remain reasonable, even after the arrestee has been released. The court reversed the district court's dismissal of claims alleging that the District of Columbia unreasonably retained plaintiffs' property for months or years without justification.

Criminal Drug Trafficking
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Aug 8 2024
United States Court… 23-7167 Panel Decision

Thomas v. Moreland

The D.C. Circuit affirmed the district court's grant of summary judgment in a defamation case, ruling that the appellant's motion for additional discovery was untimely and that the statements were protected by common interest privilege. The court held that the appellant failed to meet the difficult burden of proving actual malice required to overcome that privilege.

Civil Summary Judgment Tort / Personal Injury
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Aug 6 2024
United States Court… 23-7033 Per Curiam

HENRY SEARCY, JR v. DEMAURICE FITZGERALD SMITH

The D.C. Circuit held that Section 301 of the Labor Management Relations Act does not completely preempt a prospective agent's state law claims against the NFLPA, thereby stripping the District Court of federal question jurisdiction. The court remanded the case with instructions to dismiss the claims for lack of subject matter jurisdiction rather than for failure to state a claim.

Civil Labor
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Jul 30 2024
United States Court… 23-1064 Panel Decision

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated the Federal Energy Regulatory Commission's approval of a major natural gas pipeline, ruling that the agency arbitrarily overlooked significant environmental consequences and failed to adequately assess market need. The court held that FERC violated the National Environmental Policy Act and the Natural Gas Act by ignoring state mandates to reduce gas consumption and failing to properly balance the project's climate impacts.

Civil Environmental (Civil)
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Jul 30 2024
9th Cir. 21-1228 Published

EDGAR G.C v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for an immigrant with a history of childhood abuse. The court held that the petitioner's assault conviction constituted a particularly serious crime and that substantial evidence supported the agency's finding that he was not more likely than not to face future torture in Mexico.

Civil Immigration (Civil)
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Jul 30 2024
United States Court… 21-7127 Panel Decision

Exxon Mobil Corporation v. Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A. (Panama), and Unión Cuba-Petróleo

The D.C. Circuit held that the Cuban Liberty and Democratic Solidarity Act does not independently strip foreign sovereigns of immunity, leaving the Foreign Sovereign Immunities Act as the exclusive basis for jurisdiction. The court vacated the district court's ruling and remanded for further fact-finding on whether the defendants' current commercial operations in the United States satisfy the FSIA's commercial-activity exception.

Civil Consumer Protection
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Jul 26 2024
United States Court… 22-1335 Panel Decision

ENTERGY ARKANSAS, LLC v. FEDERAL ENERGY REGULATORY COMMISSION ARKANSAS PUBLIC SERVICE COMMISSION, ET AL Consolidated with 23-1111

The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.

Administrative / Agency Review Civil
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