Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Federal Circuit dismissed a petition for review of the Merit Systems Protection Board because the petitioner failed to pay the required docketing fee. The court characterized this failure as a failure to prosecute in accordance with the rules.
The Federal Circuit affirmed the dismissal of a taxpayer's refund suit because he failed to file a proper refund claim using the required Form 1040 before going to court. The court also held that it lacks jurisdiction over the taxpayer's allegations of fraud and criminal conduct by the IRS.
The Third Circuit affirmed summary judgment for an insurance company against a former employee who alleged wrongful termination and failure to accommodate due to thyroid cancer. The court held that the employee failed to prove a public policy exception to at-will employment and could not establish pretext for retaliation or the ability to perform essential job functions.
The United States Court of Appeals for the Federal Circuit affirmed the decision of the Court of Appeals for Veterans Claims in a veterans benefits dispute. The court issued a per curiam order relying on Federal Circuit Rule 36 without providing substantive reasoning.
The Third Circuit affirmed the dismissal of Frank Nellom's complaint for failure to exhaust administrative remedies before seeking judicial review of his Social Security benefits. The court held that without a final decision from the Commissioner, the District Court lacked subject matter jurisdiction to hear the case.
The Fourth Circuit affirmed the dismissal of an environmental consultant's negligent misrepresentation claim against an insurance adjuster, holding that North Carolina law imposes no duty of care on independent adjusters toward third-party claimants. The court reasoned that imposing such a duty would create conflicting loyalties for adjusters who are employed by insurers.
The First Circuit denied a petition for review of an asylum denial, ruling that the petitioner failed to prove past persecution or a sufficient causal link between the harm she suffered and her claimed sexual orientation. The court further held that the petitioner did not demonstrate that the Honduran government was unwilling or unable to protect her from private actors.
The Fourth Circuit reversed and vacated a district court's class certification order in an ERISA fiduciary breach case involving a defined contribution plan. The court held that individualized monetary claims in such plans cannot be joined in a mandatory class under Rule 23(b)(1) and that the plaintiffs failed to demonstrate commonality.
The Ninth Circuit en banc court denied the petitioners' motion to stay removal and lifted a previously entered temporary stay of removal. Chief Judge Murguia wrote separately to clarify that the lawfulness of the court's automatic stay practice is an internal administrative matter not properly before the court.
The Sixth Circuit affirmed the denial of a preliminary injunction against Ohio House Bill 96, ruling that the state's escheat of unclaimed funds does not cause irreparable harm. The court held that property owners retain a ten-year window to recover their funds plus interest, negating the need for injunctive relief.