Topic
Every decision we've filed under Civil.
The Fifth Circuit vacated the NLRB's order finding Starbucks liable for an unfair labor practice because the Board applied the wrong legal standard. The court held that determining a Section 8(a)(1) violation requires evaluating whether the employer's conduct would tend to be coercive under the totality of the circumstances.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting a motion to reopen removal proceedings based on ineffective assistance of counsel. The court affirmed that the petitioner failed to satisfy the procedural requirements of Matter of Lozada because he did not provide his former counsel sufficient time to respond to allegations before filing his motion.
The Fourth Circuit affirmed a district court order enforcing a settlement agreement and denying Rule 11 sanctions. The appellate court found no reversible error in the lower court's application of contract enforcement standards.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen removal proceedings based on ineffective assistance of counsel. The court upheld the BIA's finding that the petitioner failed to meet procedural requirements because he provided his former attorney only three days to respond to allegations before filing the motion.
The Fourth Circuit affirmed summary judgment in a products liability case, holding that the district court correctly applied the strict good cause standard of Federal Rule of Civil Procedure 16(b)(4) to deny a late motion to amend a scheduling order. Because the plaintiff failed to demonstrate the requisite diligence in securing expert testimony, his claims were properly dismissed as fatal to his case.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision denying asylum and withholding of removal. The court held that substantial evidence supported the agency's finding that the petitioner could safely relocate within Colombia.
The Fourth Circuit affirmed that a financial firm's eight-year retention bonus program does not qualify as an employee pension benefit plan under ERISA. The court held that because the awards were tied to continued service and productivity rather than systematically deferred income for retirement, they fall outside federal pension law protections.
The Ninth Circuit denies a petition for review of a Board of Immigration Appeals order dismissing asylum and related claims because the agency provided specific and cogent reasons for an adverse credibility finding. The court holds that the petitioners' voluntary return to China undermined their assertions of fear, and without independent non-testimonial evidence, this credibility determination is dispositive.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who used deadly force against a man holding a hatchet, ruling that the force was objectively unreasonable under the totality of the circumstances. The court held that the officer violated clearly established Fourth Amendment rights because the suspect posed no immediate threat and was fleeing when shot in the back.
The Ninth Circuit affirmed that Montana lacks jurisdiction to enforce its 1975 Streambed Act against private landowners within Glacier National Park. The court held that because the United States acquired exclusive legislative jurisdiction in 1914, post-cession state statutes do not apply absent a same basic scheme exception.