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Jul 30 2024
United States Court… 21-7127 Panel Decision

Exxon Mobil Corporation v. Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A. (Panama), and Unión Cuba-Petróleo

The D.C. Circuit held that the Cuban Liberty and Democratic Solidarity Act does not independently strip foreign sovereigns of immunity, leaving the Foreign Sovereign Immunities Act as the exclusive basis for jurisdiction. The court vacated the district court's ruling and remanded for further fact-finding on whether the defendants' current commercial operations in the United States satisfy the FSIA's commercial-activity exception.

Jul 25 2024
3rd Cir. 23-1620 Panel Decision

HAROLD R. BERK v. WILSON C. CHOY, MD; BEEBE MEDICAL CENTER, INC.; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF MIDDLETOWN, LLC

The Third Circuit affirmed the dismissal of a medical malpractice suit because the plaintiff failed to file a required affidavit of merit under Delaware law. The court held that this state statute is substantive under the Erie doctrine and does not conflict with the Federal Rules of Civil Procedure.

Jul 24 2024
United States Court… 23-5178 Panel Decision

Karimova v. Abate

The D.C. Circuit affirmed the dismissal of a visa applicant's claim that a consular officer failed to make a final decision on her application. The court held that federal regulations do not impose a clear legal duty prohibiting officers from placing refused applications in administrative processing.

Jun 14 2024
United States Court… 22-5328 Panel Decision

ATTORNEY GENERAL OF THE UNITED STATES v. STEPHEN A. WYNN

The D.C. Circuit affirmed the dismissal of the government's suit to compel registration under the Foreign Agents Registration Act because the alleged agent ceased his activities years before the lawsuit was filed. The court held that FARA registration obligations are prospective and expire when an individual stops acting on behalf of a foreign principal.

Jun 5 2024
United States Court… 24-5023 Panel Decision

JBG Smith Properties, LP First Residences v. Powell

The D.C. Circuit dismissed an appeal challenging a district court order remanding a landlord-tenant dispute to state court because the appellant failed to establish appellate jurisdiction. The court held that the statutory exception allowing review of such remand orders applies only when removal was originally based on federal officer or civil rights statutes, which were not invoked here.

Jun 4 2024
United States Court… 23-1239 Panel Decision

TRENTON PALMER v. FEDERAL AVIATION ADMINISTRATION, ADMINISTRATOR AND NATIONAL TRANSPORTATION SAFETY BOARD

The D.C. Circuit denied a petition for review of an NTSB order affirming a pilot's violation of federal aviation regulations for flying below minimum safe altitudes. The court rejected the pilot's arguments regarding alleged ALJ errors, insufficient notice in the complaint, and a request to overrule prior precedent on sanction deference.

May 14 2024
United States Court… 23-5074 Panel Decision

MOHAMMED JIBRIL v. ALEJANDRO N. MAYORKAS

The D.C. Circuit affirmed the dismissal of the Jibril family's lawsuit, holding they lacked Article III standing to seek prospective injunctive relief. The court ruled that without evidence of current watchlist status or a substantial risk of future injury, the plaintiffs could not demonstrate the concrete injury required for judicial review.

Apr 19 2024
2nd Cir. 22-2895-pr Panel Decision

JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit...: JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit…

The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.

Mar 19 2024
9th Cir. 22-970 Published

SILVIA TAPIA CORIA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit dismissed a petition for review of a denial of motions for remand and administrative closure, holding that the criminal alien bar precludes judicial review of factual challenges to removal orders for aliens with covered convictions. The court ruled that the Supreme Court's decision in Nasrallah v. Barr abrogates the Ninth Circuit's prior 'on the merits' exception, which previously allowed review of factual findings when relief was denied on grounds other than the conviction itself.

Dec 8 2023
2nd Cir.

Untitled Opinion

The Second Circuit affirmed the district courts’ preliminary injunctions against New York’s public firearm carriage laws, holding that Plaintiffs demonstrated a likelihood of success on their Second Amendment claims under the *Bruen* historical tradition test. The…