Topic
Every decision we've filed under Civil.
The Ninth Circuit stayed a district court's preliminary injunction that restricted federal agents' use of non-lethal crowd-control munitions at the Portland ICE facility. The appellate court found the government likely to succeed on its First Amendment retaliation claim and ruled the lower court's order was overly broad and exceeded judicial authority.
The Fourth Circuit affirmed the dismissal of a plaintiff's Bivens claim, ruling that the complaint failed to allege sufficient facts to establish a cognizable constitutional violation. The court further held that the U.S. Attorneys involved were protected by absolute prosecutorial immunity from liability.
The Eighth Circuit certified a novel question of law to the Minnesota Supreme Court regarding whether Amazon is strictly liable for defective products sold by third parties under its Fulfillment by Amazon program. The court determined that state law requires the highest state court to resolve this issue rather than allowing the federal court to make an Erie guess.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order was not a final judgment. The appellate court lacks jurisdiction to review partial dismissals that leave other claims pending without proper certification.
The Fourth Circuit dismissed an appeal filed by a pro se litigant because the notice was submitted before the district court entered a final order. The court held that without a final judgment or specific interlocutory ruling, it lacks the statutory authority to hear the case.
The Third Circuit denied the petition for rehearing en banc in a bankruptcy appeal involving a settlement approved for talc claimants. The court found no compelling reasons to reconsider the panel's amended opinion, leaving the original judgments approving the reorganization plan in full force.
The Eleventh Circuit affirmed the denial of attorneys' fees to homeowners whose foreclosure case was dismissed due to the lender's failure to serve process within the required timeframe. The court held that a procedural dismissal without prejudice does not constitute a victory on the merits required to trigger fee-shifting statutes under Florida law.
The Fourth Circuit affirmed the district court's dismissal of a civil complaint for improper venue because the appellant failed to challenge the legal basis for that ruling in his informal brief. By not addressing the specific grounds for dismissal, the appellant forfeited appellate review of the venue decision.
The Eleventh Circuit reversed a defamation and false-light judgment against Senate Majority PAC, holding that the plaintiff failed to prove actual malice by clear and convincing evidence. The court ruled that while the ad could imply a defamatory meaning, there was insufficient evidence that the defendants intended or recklessly disregarded that specific implication.
The Ninth Circuit affirmed summary judgment, holding that the Forest Service's cancellation of a grazing permit was supported by substantial evidence of unauthorized grazing. The court further ruled that the appeal was not moot because the appellant retains a concrete interest in resolving her compliance status to secure future permit priority.