Topic
Every decision we've filed under Administrative / Agency Review.
The United States Court of Appeals for the Fourth Circuit dismissed in part and denied in part a petition for a writ of mandamus filed by Clarence Hicks, Jr. The court found the request to compel a ruling moot and determined that mandamus relief was not available to lift a grant of indefinite leave to reply.
The Ninth Circuit vacated a district court order remanding a civil case to state court due to an insufficient amount in controversy. The appellate court held that the district court erred by excluding civil penalties and attorneys' fees from the jurisdictional threshold calculation without providing the defendant a fair opportunity to prove the amount.
The United States Court of Appeals for the Federal Circuit vacated its prior opinion and dismissed the appeal following a joint stipulation of dismissal filed by the parties. The court ordered that each party bear its own fees and costs.
The United States Court of Appeals for the Federal Circuit dismissed an appeal from the Veterans Court due to lack of jurisdiction. The court held that the Veterans Court's remand order was not final and did not satisfy the conditions for immediate review.
The United States Court of Appeals for the Federal Circuit dismissed an appeal from the Veterans Court. The dismissal occurred because the appellant failed to file the required appendix within the permitted time.
The United States Court of Appeals for the Federal Circuit dismissed an appeal by agreement between the parties. The court ordered that each side shall bear its own costs.
The United States Court of Appeals for the Federal Circuit dismissed an appeal from the Veterans Court regarding a veteran's request for dental implants. The court found it lacked jurisdiction because the veteran failed to present a non-frivolous legal question and the underlying petition was moot.
The United States Court of Appeals for the Tenth Circuit reversed a district court dismissal of a negligence claim involving commercial driver drug testing. The appellate panel held that the lower court erred by relying on facts not alleged in the complaint to justify the dismissal.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of state-law consumer protection claims against natural gas wholesalers. The court held that the Natural Gas Act field-preempts the Kansas Consumer Protection Act claims because they directly target interstate wholesale transactions under exclusive federal jurisdiction.
The United States Court of Appeals for the Federal Circuit granted a motion to remand a Merit Systems Protection Board decision for reconsideration. The court acted to preserve party and judicial resources without addressing the merits of the underlying appeal.