Topic
Every decision we've filed under Civil.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's lawsuit, ruling that her claim based on a personally-created bill of exchange was patently frivolous. The court held that such instruments are not legitimate forms of payment for vehicle debts and warned the plaintiff against future abusive filings.
The Ninth Circuit reversed a dismissal for lack of personal jurisdiction, holding that non-resident defendants who sold NFTs and recorded a California resident's call purposefully directed their activities at the state. The court found the defendants' intentional acts expressly aimed at California caused foreseeable harm, satisfying the jurisdictional requirements without shifting the burden of unreasonableness.
The Fifth Circuit affirmed summary judgment for the University of Texas Southwestern Medical Center, holding that a former medical student failed to prove she was qualified for the program or that the school denied reasonable accommodations. The court ruled that academic dismissal based on legitimate deficiencies does not constitute discrimination under Title VI, the ADA, or the Rehabilitation Act.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum seeker's claims. The court held that the BIA's streamlining procedure was lawful and that the petitioner forfeited all other challenges by failing to raise them in his opening brief.
The Fifth Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that an employer has no established duty to pay higher visa fees for visa types it never applied for. The court further ruled that failing to withhold taxes on underpaid wages does not constitute a reverse false claim because the obligation to transmit money to the Treasury arises only after wages are actually paid.
The Ninth Circuit affirmed judgment on the pleadings for five of six claims, ruling that Fareportal's RICO, DTSA, and trade secret actions were time-barred because the company knew of the injury in 2016. The court reversed regarding the civil conspiracy and Unfair Competition Law claims, finding them timely and remanding for further proceedings on those specific causes of action.
The Eleventh Circuit denied a petition for review of a Board of Immigration Appeals decision refusing to rescind a 2002 in absentia removal order. The court held that the petitioner failed to overcome the presumption of receiving notice of his hearing and did not demonstrate materially changed country conditions in El Salvador.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who shot and killed a fleeing, unarmed teenager who made no threatening movements with a weapon. The court held that under clearly established law, an officer cannot use deadly force against a suspect who is armed but poses no immediate threat to safety.
The Ninth Circuit denied the petition for review of the Board of Immigration Appeals' dismissal of asylum and Convention Against Torture claims, ruling that key arguments were forfeited for failure to be raised in the opening brief. Even on the merits, the court found substantial evidence supported the lower court's conclusion that the threats lacked a nexus to a protected ground and were not committed by forces the government could not control.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung benefits under the self-insurance provisions of the Black Lung Benefits Act. The court holds that because the petitioners concede their arguments are identical to those previously rejected in Apogee Coal Co. v. Director, OWCP, the prior published decision binds this panel.