Topic
Every decision we've filed under Administrative / Agency Review.
The Fifth Circuit dismissed an appeal filed by a pro se plaintiff who mislabeled his objections to a magistrate judge's report as a notice of appeal. The court remanded the case to the district court with instructions to treat the filing as objections to the report and recommendation.
The Ninth Circuit affirmed the dismissal of Peyman Roshan's claims against California real estate officials. The court held that the defendants were protected by sovereign immunity and that the claims constituted a prohibited de facto appeal under the Rooker-Feldman doctrine.
The United States Court of Appeals for the Federal Circuit dismissed a petition for review of the Merit Systems Protection Board. The dismissal occurred because the petitioner failed to pay the required docketing fee and file the necessary statement concerning discrimination.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a civil action for lack of subject matter jurisdiction. The court found no reversible error in the lower court's adoption of a magistrate judge's recommendation.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order remanding criminal proceedings to state court. The appellate court held that removal to federal court was improper under the relevant federal statute.
The Ninth Circuit affirmed the dismissal of a visa denial challenge, holding that while the Supreme Court's Muñoz decision precludes due process claims by citizens regarding admission, it does not abrogate the Mandel exception for First Amendment rights. Applying the limited 'facially legitimate and bona fide reason' standard, the court found the government satisfied its burden by showing reasonable grounds to believe the applicant was a criminal organization member.
The Ninth Circuit dismissed an appeal as moot because the plaintiff initiated and extensively participated in arbitration proceedings, eliminating any live controversy. The court declined to vacate the district court's sanctions and default judgment because the party seeking relief caused the mootness.
The Eleventh Circuit granted leave to amend the notice of removal but remanded the case to the district court to resolve a jurisdictional defect regarding Vitas Healthcare's citizenship. The court held that unsworn corporate disclosures were insufficient to establish diversity jurisdiction for all necessary parties.
The Sixth Circuit affirmed a five-year suspension of attorney Van Irion for misrepresenting a client's trust status and secretly ghostwriting filings after withdrawal. The court held that the district court acted within its inherent authority to discipline attorneys and found no abuse of discretion in the sanctions imposed.
The Federal Circuit reversed the Court of International Trade, holding that the Department of Commerce properly rejected untimely documents and applied an intermediate input methodology to calculate dumping margins. The court affirmed that Commerce acted within its discretion to prioritize finality over accuracy when respondents failed to disclose key production records during the initial questionnaire phase.