Topic
Every decision we've filed under Civil.
The Fourth Circuit affirmed the district court's dismissal of Jesse D. Pellow's civil action against the Unified Judicial System of Pennsylvania for lack of subject matter jurisdiction. The court found no reversible error in the lower court's ruling, leaving the plaintiff without a federal forum to pursue his claims.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act. The court relies on binding precedent to reject arguments that liability transferred when Arch sold its subsidiary in 2005.
The Fourth Circuit affirmed the dismissal of Lawrence Ingram's civil action because his objections to the magistrate judge's recommendation were untimely and lacked specific factual or legal grounds. This procedural failure waived his right to appellate review of the district court's underlying order.
The Ninth Circuit denied a petition for review of the Board of Immigration Appeals' decision to deny asylum and Convention Against Torture relief. The court held that small business ownership is not an immutable characteristic and that generalized country conditions do not prove government acquiescence required for CAT protection.
The Fifth Circuit dismissed Salvador Jimenez's appeal because he failed to file a notice of appeal within the mandatory deadline set by the Federal Rules of Appellate Procedure. The court held that this jurisdictional requirement applies strictly, regardless of the prisoner's request to proceed in forma pauperis or any claims of good faith.
The Fourth Circuit affirmed summary judgment for the City of Rock Hill, ruling that a short-term rental host lacks standing to assert the constitutional rights of his transient guests. The court further held that the city's zoning regulations limiting short-term rentals are a valid exercise of traditional police power subject only to rational basis review.
The Fourth Circuit dismissed a petition for a writ of mandamus as moot because the district court had already resolved the underlying dispute. The appellate court found that no further judicial relief could be granted since the district court had dismissed the complaint and ruled on all pending motions.
The Ninth Circuit affirmed the dismissal of asylum and Convention Against Torture claims because the petitioners failed to submit required biometrics despite sixteen months of notice. The court held that the Immigration Judge did not abuse his discretion in deeming the applications abandoned and rejected due process arguments regarding legal assistance.
The Fourth Circuit affirmed the dismissal of Karen Williams' housing authority lawsuits due to her failure to properly serve the defendants. Because her informal appellate brief did not challenge the specific grounds for dismissal, she forfeited the right to appellate review of those rulings.