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Sep 17 2024
2nd Cir. 21-1381 Panel Decision

American Girl, LLC v. Zembrka

The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.

Sep 3 2024
United States Court… 23-7057 Panel Decision

MARGDA PIERRE-NOEL, "MS. PIERRE," v. BRIDGES PUBLIC CHARTER SCHOOL AND DISTRICT OF COLUMBIA, A MUNICIPAL CORPORATION: MARGDA PIERRE-NOEL, “MS. PIERRE,” v. BRIDGES PUBLIC CHARTER SCHOOL AND DISTRICT OF COLUMBIA, A MUNICIPAL CORPORATION

The D.C. Circuit held that the Individuals with Disabilities Education Act requires school districts to provide door-to-door assistance for a wheelchair-bound student to access school. The court reversed summary judgment, ruling that transporting a child from their apartment door to a school bus constitutes a mandatory transportation service under federal law.

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.

Jul 18 2024
9th Cir. 24-932 Published

UNITED STATES OF AMERICA v. ROBERT RUNDO; ROBERT BOMAN

The Ninth Circuit reversed the district court's dismissal of an indictment charging defendants with violating the Anti-Riot Act, holding that they failed to satisfy the rigorous two-prong selective prosecution standard. The panel found no similarly situated individuals were unpunished because the lower court improperly compared collective far-left groups to specific defendants and determined that timing and other government actions did not prove impermissible motive.

Jul 16 2024
United States Court… 23-1069 Panel Decision

HEALTHY GULF v. FEDERAL ENERGY REGULATORY COMMISSION COMMONWEALTH LNG, LLC Consolidated with 23-1071

The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.

Jun 28 2024
9th Cir. 23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Jun 25 2024
9th Cir. 22-704 Published

GERSON EDUARDO ALFARO MANZANO v. MERRICK B. GARLAND, Attorney General Nos. 22-704 22-1521

The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.

Jun 21 2024
United States Court… 23-1044 Panel Decision

JOHN DOE v. SECURITIES AND EXCHANGE COMMISSION

The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.