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Civil

Every decision we've filed under Civil.

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Criminal 1218 Summary Judgment 466 Sentencing Guidelines 413 Civil Rights - Section 1983 395 Immigration (Civil) 354 Constitutional 350 Supervised Release 285 Drug Trafficking 272 Firearms 213 Civil Rights - Employment 204 Intellectual Property 159 Qualified Immunity 151
Jul 26 2024
United States Court… 22-1335 Panel Decision

ENTERGY ARKANSAS, LLC v. FEDERAL ENERGY REGULATORY COMMISSION ARKANSAS PUBLIC SERVICE COMMISSION, ET AL Consolidated with 23-1111

The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.

Administrative / Agency Review Civil
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Jul 25 2024
3rd Cir. 23-1620 Panel Decision

HAROLD R. BERK v. WILSON C. CHOY, MD; BEEBE MEDICAL CENTER, INC.; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF MIDDLETOWN, LLC

The Third Circuit affirmed the dismissal of a medical malpractice suit because the plaintiff failed to file a required affidavit of merit under Delaware law. The court held that this state statute is substantive under the Erie doctrine and does not conflict with the Federal Rules of Civil Procedure.

Civil Insurance
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Jul 24 2024
United States Court… 23-5178 Panel Decision

Karimova v. Abate

The D.C. Circuit affirmed the dismissal of a visa applicant's claim that a consular officer failed to make a final decision on her application. The court held that federal regulations do not impose a clear legal duty prohibiting officers from placing refused applications in administrative processing.

Administrative / Agency Review Civil
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Jul 23 2024
9th Cir. 22-507 2-1

SOCORRO COLIN-VILLAVICENCIO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of derivative citizenship and Convention Against Torture relief, holding that the petitioner's father established paternity by legitimation under Baja California law. The court excused the waiver of the citizenship claim to avoid manifest injustice but found no genuine dispute of material fact requiring transfer to a district court.

Civil Immigration (Civil) Summary Judgment
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Jul 23 2024
United States Court… 22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Civil Civil Rights - Employment Summary Judgment
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Jul 16 2024
United States Court… 23-1069 Panel Decision

HEALTHY GULF v. FEDERAL ENERGY REGULATORY COMMISSION COMMONWEALTH LNG, LLC Consolidated with 23-1071

The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.

Civil Immigration (Civil)
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Jul 15 2024
9th Cir. 4:23-cv-05829- Published

Defense for Children International-Palestine v. Biden

The Ninth Circuit affirmed the dismissal of a lawsuit challenging U.S. military aid to Israel, ruling that the claims present nonjusticiable political questions. The court held that adjudicating the dispute would improperly intrude upon the Executive Branch's exclusive constitutional prerogatives over foreign policy and national security.

Civil Civil Rights - Education
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Jul 3 2024
9th Cir. 23-8 Published

DOMINGO MUSQUIZ v. UNITED STATES RAILROAD RETIREMENT BOARD

The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.

Civil Labor
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Jun 28 2024
9th Cir. 23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Civil Immigration (Civil)
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