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The Eleventh Circuit dismissed the appeal sua sponte because the district court's order was not final. The appellate court lacks jurisdiction to review a partial dismissal when the case remains pending on other counts without Rule 54(b) certification.
The D.C. Circuit dismissed the petition for lack of jurisdiction because the Supreme Court’s remand order did not provide a basis for the court to exercise authority over the underlying Mine Act dispute. The court reasoned…
The Ninth Circuit dismissed review of the discretionary denial of special rule cancellation of removal, holding that such decisions are unreviewable. The court also denied the withholding of removal claim for failure to exhaust specific arguments before the Board of Immigration Appeals.
The Ninth Circuit reversed the dismissal of a consumer class action alleging Target sold cotton sheets with impossible thread counts. The court held that literally false advertising claims present questions of fact inappropriate for dismissal at the pleading stage.
The First Circuit reversed the dismissal of fraud and contract claims against Debra Monday, holding that the District Court erred by applying a lack of personal jurisdiction standard to a Massachusetts resident properly served within the state. The court affirmed the dismissal of claims against out-of-state defendants, finding the plaintiff failed to adequately develop arguments for personal jurisdiction over them.
The Eleventh Circuit affirmed summary judgment for the Baldwin County Board of Education, holding that Elnoria Howell failed to prove race discrimination under Title VII. The court found no evidence of pretext or disparate treatment sufficient to support a reasonable inference of unlawful discrimination.
The Tenth Circuit affirmed the district court's denial of a hearing on ineffective assistance of counsel because the rejected plea offer lacked a firm expiration date. The court dismissed the ineffective assistance claim without prejudice, directing the defendant to pursue such constitutional challenges through a 28 U.S.C. § 2255 motion rather than on direct appeal.
The Fifth Circuit granted appointed counsel's motion to withdraw from the appeal, finding no nonfrivolous issues for review. The court declined to address ineffective assistance claims due to an insufficiently developed record, directing the defendant to pursue those arguments through collateral review.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing the defendant after a review of the Anders brief and case record. The court dismissed the appeal, finding no nonfrivolous issues for appellate review, which allows the underlying criminal conviction to stand.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Luis Adrian Torres-Tamayo after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the defendant's conviction in place without further judicial review of his claims.
