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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.

Civil Insurance
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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.

Administrative / Agency Review Civil
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Jul 23 2024
9th Cir. 22-507 2-1

SOCORRO COLIN-VILLAVICENCIO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of derivative citizenship and Convention Against Torture relief, holding that the petitioner's father established paternity by legitimation under Baja California law. The court excused the waiver of the citizenship claim to avoid manifest injustice but found no genuine dispute of material fact requiring transfer to a district court.

Civil Immigration (Civil) Summary Judgment
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Jul 23 2024
United States Court… 22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Civil Civil Rights - Employment Summary Judgment
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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.

Criminal Drug Trafficking Fourteenth Amendment - Equal Protection
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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.

Civil Immigration (Civil)
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Jul 16 2024
United States Court… 22-5231 Panel Decision

BARBARA KOWAL v. UNITED STATES DEPARTMENT OF JUSTICE

The D.C. Circuit affirmed summary judgment for federal law enforcement agencies in two Freedom of Information Act lawsuits, ruling that their searches for records regarding death row inmate Daniel Troya were adequate. The court further held that the agencies properly withheld documents under multiple FOIA exemptions to protect privacy, confidential sources, and law enforcement techniques.

Criminal Drug Trafficking Summary Judgment
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