Topic
Every decision we've filed under Civil.
The Fifth Circuit affirmed the dismissal of a pro se § 1983 complaint filed nearly thirty-five years after the underlying state conviction. The court held that the appellant forfeited new arguments regarding ongoing enforcement actions and SSI benefits by failing to raise them in the district court.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's § 1983 claims for false arrest and unlawful search, ruling that the Heck v. Humphrey bar precludes the suit because it would imply the invalidity of his underlying criminal convictions. The court also rejected the plaintiff's request for equitable tolling of the statute of limitations, finding no exceptional circumstances under Louisiana law to justify the delay.
The Ninth Circuit dismissed a petition for review challenging only a denial of Convention Against Torture protection because such an order does not merge into a final order of removal. The court held that appellate jurisdiction under 8 U.S.C. § 1252(a)(1) requires a challenge to the underlying removal order, not a standalone challenge to the CAT denial.
The Federal Circuit lacks statutory authority to hear direct appeals from Social Security Administration decisions. Consequently, the court transferred the case to the United States District Court for the District of Idaho rather than dismissing it.
The Eleventh Circuit dismissed Kevin Lamonte Kelly's appeal sua sponte because his notice of appeal was filed four days past the statutory deadline. The court held that the prison mailbox rule did not save the appeal since the filing date still exceeded the 30-day limit set by federal statute.
The Federal Circuit granted the United States' motion for summary affirmance, upholding the dismissal of Lisa Ann Deweese's complaint for lack of subject matter jurisdiction. The court held that the plaintiff failed to state a non-frivolous claim against the federal government because her allegations targeted state-level Child Protective Services agencies.
The Eleventh Circuit vacated a district court order that overturned a jury verdict finding an employer liable for retaliation under 42 U.S.C. § 1981. The appellate court held that the district court erred by failing to view the evidence in the light most favorable to the non-moving party when assessing whether the employee's resignation was voluntary.
The Fourth Circuit affirmed the district court's grant of summary judgment against Tiffany Burnett on her retaliation and Equal Pay Act claims. The court held that Burnett failed to provide evidence beyond conclusory allegations to prove a causal connection between her protected activity and her termination, or that her job duties were substantially similar to those of her comparators.
The Ninth Circuit affirmed summary judgment for Eli Lilly in a products liability case involving Cialis, holding that the plaintiffs failed to prove proximate causation under Washington's learned intermediary doctrine. The court further ruled that any potential errors regarding the appointment of counsel and the sham affidavit rule were harmless given the merits of the decision.
The Fifth Circuit dismissed the appeal because the plaintiff failed to timely challenge the dismissal of most defendants that occurred nearly four years prior. The court found it lacked jurisdiction to review the orders due to the significant delay and confusion in the notice of appeal.