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The First Circuit vacated and remanded a district court judgment that failed to recognize an implied contract entitling a sibling to compensation for his decade-long management of a family business. The court also reversed a finding that the sibling's email accusing him of fraud was not defamatory, holding that the statement unambiguously imputed criminal conduct.
The First Circuit vacated and remanded a district court judgment in a family business dispute, finding that the lower court failed to properly apply partnership and implied contract principles to the siblings' decade-long conduct. The appellate court held that the siblings' long-standing practice of treating personal expenses as compensation created an implied agreement, requiring a new determination of Orkin's rightful share of Boost Web funds.
The Ninth Circuit dismissed petitions from the Cities of Culver City and Malibu challenging FAA flight procedure amendments due to a lack of standing. The court held that the cities failed to prove the 2018 amendments, rather than the original 2016 procedures, posed a reasonable threat to their specific natural resource interests.
The Eleventh Circuit held that a CMS Bulletin regarding Florida's Medicaid Directed Payment Program constitutes final agency action subject to judicial review under the Administrative Procedure Act. However, the court affirmed the denial of a preliminary injunction because Florida is unlikely to succeed on the merits of its challenge to the Bulletin's interpretation of the hold-harmless rule.
The First Circuit held that a noncitizen's deportability for a state drug conviction is determined by the federal Controlled Substances Act as it existed at the time of the conviction, not at the time of removal proceedings. This ruling affirms the Board of Immigration Appeals and joins five other circuits in rejecting the 'time of removal' rule.
The First Circuit affirmed summary judgment for a clinical laboratory in a False Claims Act case, ruling that labs may generally rely on a physician's order to establish medical necessity. The court held that the relator failed to produce sufficient evidence that the lab knowingly submitted false claims regarding the necessity of PCR urinary tract infection tests.
The First Circuit vacated a district court order finding that a corporate executive's intent to assert an involvement-of-counsel defense impliedly waived the corporation's attorney-client privilege. The appellate court remanded the case for a fresh evaluation of the waiver claim in light of significant procedural changes, including the severance of co-defendants and the withdrawal of one executive from the criminal proceedings.
The Eleventh Circuit reversed a district court's dismissal of a securities fraud complaint against NextEra Energy, holding that investors adequately pleaded loss causation. The court found that a series of disclosures regarding executive departures and legal risks, coupled with a significant stock price drop, sufficiently connected the alleged fraud to the investors' financial losses.
The Tenth Circuit affirmed the dismissal of Dr. Vinay Saini’s employment discrimination and retaliation claims, ruling that his complaints were time-barred and failed to state plausible causes of action. The court held that the statute of limitations began running at the time of his termination and that his subsequent discovery of the employer's true reasons did not trigger equitable tolling.
The Eleventh Circuit certified five questions of Florida law to the Florida Supreme Court regarding fraudulent transfer remedies and statute of limitations tolling. The appeal is currently pending resolution of these certified questions.
