Ricks v. DMA Companies
The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision in this civil appeal. The panel issued a brief per curiam opinion without providing detailed reasoning.
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The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision in this civil appeal. The panel issued a brief per curiam opinion without providing detailed reasoning.
The United States Court of Appeals for the Eleventh Circuit affirmed the district court's denial of state sovereign immunity for a deputy sheriff in a malicious prosecution claim, finding that deputy sheriffs in Alabama are entitled to the same immunity as sheriffs when acting within the scope of their employment.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Sergio Rivera because it was submitted after the deadline. The court held that the time limits for filing the notice of appeal are mandatory claims-processing rules that require dismissal when missed.
The Tenth Circuit affirmed a conviction for sexually abusing a minor, ruling that the government had no duty to disclose rebuttal expert testimony before trial. The court held that this disclosure obligation under Federal Rule of Criminal Procedure sixteen only arises when the defense has timely disclosed the specific expert opinions the government seeks to counter.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a federal prisoner challenging his sentence. The court found that reasonable jurists would not debate the district court's rulings on the prisoner's Fourth Amendment and ineffective assistance claims.
The United States Court of Appeals for the Tenth Circuit denied a petition for review seeking asylum and withholding of removal. The court upheld the denial of relief based on a statutory bar for serious nonpolitical crimes and a failure to prove a likelihood of torture upon return to Honduras.
The United States Court of Appeals for the Federal Circuit reversed a district court dismissal of a patent infringement counterclaim for lack of constitutional standing. The appellate court held that the patent owner retained sufficient exclusionary rights under its license agreement to satisfy Article III requirements.
The Eleventh Circuit affirmed a summary judgment ruling that barred an insurer from relitigating a claim after two voluntary dismissals. The court held that Federal Rule of Civil Procedure forty-one requires a second dismissal to operate as an adjudication on the merits, regardless of whether the first dismissal was consensual.
The Eleventh Circuit dismissed an appeal by a defendant who pled guilty to drug trafficking on a stateless vessel. The court enforced a valid appeal waiver in the plea agreement that barred challenges to the sentencing calculation.
The Tenth Circuit affirmed the denial of qualified immunity to a county manager who refused to read a public comment at a board meeting. The court held that the manager's refusal constituted viewpoint discrimination in a limited public forum.