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Nov 4 2025
11th Cir. 6:20-cv-00025-RBD-DCI Published

Aguirre-Jarquin v. Seminole County

The Eleventh Circuit affirmed the denial of qualified immunity to a latent print examiner who allegedly fabricated forensic evidence, but reversed the denial of immunity for investigators who failed to pursue alternative suspects. The court held that fabricating a positive print match violates clearly established due process rights, while no such right existed to an investigation that eliminates all doubts about a suspect.

Jul 21 2025
3rd Cir. 24-2704 Panel Decision

STEPHEN MCCARTHY, P.A v. UNITED STATES DRUG ENFORCEMENT ADMINISTRATION

The Third Circuit denied a physician assistant's petition to overturn the DEA's revocation of his registration for issuing controlled substances without proper supervision. The court held that the petitioner failed to prove that any alleged constitutional flaws in the Administrative Law Judge's removal protections caused his injury and found the revocation decision was neither arbitrary nor capricious.

Jun 24 2025
9th Cir. 23-55617 Published

HECTOR MANUEL CERVANTES- TORRES v. UNITED STATES OF AMERICA

The Ninth Circuit affirmed the denial of a writ of error coram nobis for a petitioner convicted of possessing a firearm as an alien unlawfully present. The court held that the failure to give a Rehaif instruction was not fundamental error because the evidence of the petitioner's knowledge of his status was overwhelming.

Feb 13 2025
9th Cir. 22-1568 Published

Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration

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.

Feb 13 2025
2nd Cir. 22-1377 Panel Decision

Hoffer v. Tellone

The Second Circuit clarified that sanctions for lost electronic evidence under Federal Rule of Civil Procedure 37(e)(2) require a specific finding of intent to deprive the opponent of that information. The court rejected the application of a lesser negligence standard, affirming the district court's denial of an adverse inference instruction in a civil rights excessive force case.

Feb 12 2025
2nd Cir. 22-1481 Panel Decision

United States v. Kelly

The Second Circuit affirmed Robert Sylvester Kelly's RICO and Mann Act convictions, ruling that sufficient evidence supported each count and that the underlying state laws were constitutional as applied to him. The court rejected claims of juror bias, ineffective assistance during voir dire, and errors in evidentiary rulings and restitution orders.

Feb 12 2025
9th Cir. 23-1745 Published

Lapadat v. Bondi

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.

Feb 12 2025
2nd Cir. 22-1982 Panel Decision

United States v. Kelly

The Second Circuit affirmed R. Kelly's RICO and Mann Act convictions, rejecting challenges to the sufficiency of the evidence and the constitutionality of the underlying state laws. The court also upheld the district court's evidentiary rulings, jury selection process, and restitution orders, leaving the defendant subject to his original sentence and financial penalties.

Feb 5 2025
2nd Cir. 23-634 Panel Decision

Xerox Corp. v. Local 14A, Rochester Reg'l Joint Bd.: Xerox Corp. v. Local 14A, Rochester Reg’l Joint Bd.

The Second Circuit vacated a district court ruling that denied arbitration of a dispute over retiree benefits, holding that the collective bargaining agreement contained language reasonably susceptible to interpretation as vesting benefits beyond the contract's expiration. The court remanded the case to allow a trier of fact to resolve the ambiguity regarding the parties' intent, particularly in light of conflicting reservation-of-rights clauses.