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The United States Court of Appeals for the Federal Circuit dismissed a petition for review of the Merit Systems Protection Board because the petitioner failed to pay the required docketing fee. The court characterized this failure as a failure to prosecute in accordance with the rules.
The Fourth Circuit imposed a public admonishment on attorney Eric Chibueze Nwaubani for submitting appellate briefs containing citations to three nonexistent judicial opinions. The court held that this conduct violated ethical rules prohibiting actions that seriously interfere with the administration of justice, regardless of whether artificial intelligence was used to generate the errors.
The Eleventh Circuit dismissed an appeal from a district court order remanding a foreclosure case to state court because the remand was based on a lack of subject matter jurisdiction. The court held that such remand orders are generally unreviewable on appeal under 28 U.S.C. § 1447(d) unless the case was removed under specific statutory exceptions.
The Third Circuit affirmed summary judgment for an insurance company against a former employee who alleged wrongful termination and failure to accommodate due to thyroid cancer. The court held that the employee failed to prove a public policy exception to at-will employment and could not establish pretext for retaliation or the ability to perform essential job functions.
The Third Circuit denied William Kaetz's petition for a writ of mandamus seeking to overturn rulings in his federal habeas corpus proceeding. The court characterized Kaetz's arguments as frivolous and clarified that mandamus cannot be used as a substitute for the regular appellate process.
The Third Circuit affirmed the dismissal of Frank Nellom's complaint for failure to exhaust administrative remedies before seeking judicial review of his Social Security benefits. The court held that without a final decision from the Commissioner, the District Court lacked subject matter jurisdiction to hear the case.
The Fourth Circuit Court of Appeals dismissed Ronald Shaw's appeal because he failed to obtain a required certificate of appealability. The court found that Shaw did not make a substantial showing that the district court's denial of his habeas motion was debatable or wrong.
The Sixth Circuit dismissed the officers' interlocutory appeal for lack of jurisdiction because they refused to accept the plaintiff's version of genuinely disputed facts regarding the level of resistance. The court held that without a factual concession or clear video evidence resolving the dispute, appellate review of qualified immunity denials in excessive-force cases is barred.
The Sixth Circuit affirmed a district court's grant of summary judgment to an employer, holding that a signed termination release validly barred an employee's discrimination claims. The court found the release was executed knowingly and voluntarily because the employee received adequate time to review the document and consult counsel.
The Eleventh Circuit dismissed Juan Sebastian Perez's appeal of his 360-month sentence because he signed a knowing and voluntary plea agreement containing an enforceable waiver of his right to appeal. The court found the waiver barred Perez's challenge to the sentence's reasonableness and the district court's consideration of sentencing factors.
