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Civil

Every decision we've filed under Civil.

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Criminal 1440 Summary Judgment 563 Sentencing Guidelines 508 Civil Rights - Section 1983 469 Immigration (Civil) 416 Constitutional 399 Supervised Release 346 Drug Trafficking 317 Firearms 244 Civil Rights - Employment 242 Intellectual Property 184 Qualified Immunity 181
Feb 19 2025
2nd Cir. 22-1506 Panel Decision

DR. AHMED DIAA ELDIN ALI HUSSEIN v. DR. MOHAMED AHMED MAAIT

The Second Circuit affirmed the dismissal of a suit against Egypt's Finance Minister, holding that Egypt is the real party in interest and entitled to sovereign immunity under the Foreign Sovereign Immunities Act. The court further ruled that the district court properly exercised its discretion to enlarge the time for removal and that the plaintiff waived arguments regarding FSIA exceptions.

Civil Securities
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Feb 13 2025
9th Cir. 21-1422 Published

EDGAR MURILLO-CHAVEZ v. PAMELA BONDI, Attorney General

The Ninth Circuit affirmed the denial of cancellation of removal for a lawful permanent resident convicted of crimes involving moral turpitude. The court held that the petitioner failed to prove prejudice from ineffective assistance of counsel because his Special Immigrant Juvenile status did not constitute a legal admission, meaning his offenses occurred within the seven-year bar period.

Civil Immigration (Civil)
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Feb 13 2025
9th Cir. 22-1568 Published

Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration

The Ninth Circuit denied a petition for review challenging the DEA's refusal to exempt a doctor from registration requirements to administer psilocybin under the Right to Try Act. The court held that the DEA's letter was a final agency action and that its denial was not arbitrary or capricious because the agency provided a reasonable explanation for declining to initiate rulemaking.

Civil Immigration (Civil)
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Feb 13 2025
2nd Cir. 22-1377 Panel Decision

Hoffer v. Tellone

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.

Civil Civil Rights - Section 1983
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Feb 12 2025
9th Cir. 23-1745 Published

Lapadat v. Bondi

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.

Civil Immigration (Civil)
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Feb 11 2025
9th Cir. 3:22-cv-00244- Published

K. J., a minor, by and through his guardian ad litem, Kasey L. Johnson v. Doctor LAMONT A. JACKSON

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.

Civil Civil Rights - Section 1983 Qualified Immunity Summary Judgment
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Feb 10 2025
9th Cir. 23-4240 Unanimous

Luis Alberto Perez-Perez; M.E.P.-B.; Aury Fabiola Barrera-Godoy; M.N.P.-B v. Pamela Bondi, Attorney General

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.

Civil Immigration (Civil)
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Feb 5 2025
2nd Cir. 23-634 Panel Decision

Xerox Corp. v. Local 14A, Rochester Reg'l Joint Bd.

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.

Civil ERISA / Employee Benefits Labor
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Feb 4 2025
2nd Cir. 22-3097 Panel Decision

Schansman v. Sberbank of Russia PJSC

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.

Civil Labor
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