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The Ninth Circuit dismissed Apple's appeal of a district court order granting discovery under 28 U.S.C. § 1782 because the scope of the required production remained undetermined. The panel held that without a final determination of what documents must be produced, the order was not a final judgment subject to appellate review.
The Second Circuit reversed a district court's refusal to enjoin pending state-court proceedings, ruling that the Anti-Injunction Act's exception for protecting federal jurisdiction applies when state litigation is used to further a RICO scheme. The court affirmed the injunction barring fraudulent arbitrations, holding that the piecemeal nature of the proceedings prevented the effective vindication of federal statutory rights.
The Second Circuit reversed a district court order that had declined to enjoin pending state-court proceedings in a massive No-Fault insurance fraud scheme. The court held that the Anti-Injunction Act does not bar federal intervention where hundreds of baseless state lawsuits are themselves part of a RICO violation.
The Second Circuit reversed the district court's denial of a preliminary injunction against pending state-court proceedings, holding that an exception to the Anti-Injunction Act applies where federal arbitration claims are at stake and state litigation threatens irreparable harm. Applying the standard for enjoining state court actions under 28 U.S.C. § 2283, the court found State Farm likely to succeed on its claim that the Federal Arbitration Act preempts the state proceedings.
The Ninth Circuit affirmed Hoang Ai Le's sentence, holding that his conspiracy was sufficiently advanced to deny a sentencing reduction under U.S.S.G. § 2X1.1(b)(2). The court reasoned that the conspirators were about to complete the substantive offense when interrupted by circumstances beyond their control, specifically the victim's lack of knowledge of the alarm codes.
The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.
The Second Circuit affirmed a district court ruling upholding a federal rule that allows certain Medicaid inspections of skilled nursing facilities without a registered nurse present. The court held that the statutory mandate for a registered nurse applies only to formal surveys, not to complaint investigations or compliance monitoring.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying a motion to reopen. The court found the petitioner failed to demonstrate due diligence in discovering his counsel's error over a nearly six-year period.
The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.
The Second Circuit held that a disability discrimination lawsuit brought by a former resident of a transitional adult home was moot because the state amended regulations and allowed his return. The court clarified that while the plaintiff had standing when the suit was filed, subsequent events eliminated his concrete stake in the outcome.
