Topic
Every decision we've filed under Administrative / Agency Review.
The Ninth Circuit denied the Department of Education's emergency motion for a stay pending appeal regarding a deadline to adjudicate student loan borrower defense applications. The court held that the agency failed to demonstrate a likelihood of success in overturning the district court's refusal to modify a settlement agreement.
The United States Court of Appeals for the Tenth Circuit denied petitions for review challenging the Federal Energy Regulatory Commission's adopted exit-fee methodology for generation-and-transmission cooperatives.
The United States Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus seeking relief from the Department of Veterans Affairs. The court found the petitioner failed to demonstrate a clear right to relief or that the normal appeal process was inadequate.
The Ninth Circuit denied a petition for review of a denial of cancellation of removal, upholding the Immigration Judge's finding that the petitioner failed to prove exceptional and extremely unusual hardship to his qualifying children. The court clarified that children with DACA status do not qualify as relatives for hardship purposes and that general financial or emotional hardships are insufficient to meet the statutory standard.
The Ninth Circuit affirmed the district court's dismissal of general jurisdiction claims but reversed its dismissal of specific jurisdiction over certain tort claims against USA Ski & Snowboard and Peter Foley. The court held that California courts may exercise specific personal jurisdiction over the defendants regarding sexual harassment and negligence claims arising from training camps held in the state.
The Fourth Circuit denied a petition for review challenging an award of Black Lung Benefits to a retired West Virginia miner. The court upheld the lower tribunal's finding that the miner was totally disabled by pneumoconiosis and that his claim was filed within the statutory time limit.
The Ninth Circuit denied the Government's motion to vacate its prior panel opinion regarding Venezuela's Temporary Protected Status designation. The court held that the doctrine of mootness did not compel vacatur when the case became moot after a valid decision had already been rendered.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's constitutional claims arising from state court arbitration proceedings. The court held that the federal lawsuit constituted a forbidden de facto appeal of the state court judgment under the Rooker-Feldman doctrine, depriving the federal court of subject matter jurisdiction.
The Ninth Circuit affirmed the dismissal of a pro se lawsuit against foreign states and a law firm for lack of subject matter jurisdiction. The court held that the plaintiff failed to establish federal question jurisdiction, diversity jurisdiction, or an exception to sovereign immunity under the Foreign Sovereign Immunities Act.
The Seventh Circuit affirmed the dismissal of Dr. Peterson's appeal regarding his removal from the Veterans Administration, holding that the agency's procedures were not arbitrary or capricious. The court found that Peterson received adequate due process, including advance notice and multiple opportunities to be heard, despite delays caused by the pandemic.