Topic
Every decision we've filed under Civil.
The Second Circuit clarified that sanctions for lost electronic evidence under Federal Rule of Civil Procedure 37(e)(2) require a specific finding of intent to deprive the opponent of that information. The court rejected the application of a lesser negligence standard, affirming the district court's denial of an adverse inference instruction in a civil rights excessive force case.
The Ninth Circuit granted the Lapadats' petition for review and remanded their asylum case, holding that the Board of Immigration Appeals erred by disregarding credible testimony of past persecution. The panel further ruled that the record compels a finding that the Roma are a disfavored group in Romania.
The Ninth Circuit reversed summary judgment, holding that school officials violated a high school student's due process rights by extending his suspension based on new charges without providing notice or a hearing. The court further ruled that the officials are not entitled to qualified immunity and that the student has standing to seek expungement of the disciplinary records.
The Ninth Circuit held that listing family members by their agency "A" numbers in a petition for review satisfies the Federal Rule of Appellate Procedure requirement to name all parties. The court rejected the government's request to amend the caption, ruling that "A" numbers provide sufficient notice of identity without foreclosing meritorious claims on technicalities.
The Second Circuit vacated a district court ruling that denied arbitration of a dispute over retiree benefits, holding that the collective bargaining agreement contained language reasonably susceptible to interpretation as vesting benefits beyond the contract's expiration. The court remanded the case to allow a trier of fact to resolve the ambiguity regarding the parties' intent, particularly in light of conflicting reservation-of-rights clauses.
The Second Circuit held that the Foreign Sovereign Immunities Act's commercial activity exception applies to claims brought under the Anti-Terrorism Act, abrogating sovereign immunity for a Russian state-owned bank. The court further ruled for the first time that the ATA's immunity provisions cover foreign state instrumentalities, not just agencies.
The Ninth Circuit held that a Nevada felony battery conviction resulting in substantial bodily harm categorically qualifies as a crime of violence aggravated felony. The court rejected arguments that the statute covers mere unwanted touching or reckless conduct, affirming the petitioner's removal eligibility.
The Second Circuit affirmed the dismissal of a qui tam action alleging that HCL Technologies violated the False Claims Act by using cheaper visas and underpaying foreign workers. The court held that the relators failed to plausibly allege a reverse FCA violation because no established legal obligation existed to pay higher taxes or visa fees that the defendant never actually incurred.
The Ninth Circuit affirmed a district court's award of over $4 million in attorney's fees to G.P.P., Inc. but reversed the denial of fees to RPM Wood Finishes Group regarding abandoned claims. The panel held that a plaintiff's failure to litigate claims does not constitute a voluntary dismissal under California law without clear, express notice to the court.
The Ninth Circuit reversed the dismissal of a copyright claim involving kinetic sculptures, holding that their ability to assume multiple poses does not prevent them from being fixed in a tangible medium. However, the court affirmed the dismissal of a trade dress claim because the plaintiff failed to provide adequate notice of the specific elements of the alleged trade dress.