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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
Sep 3 2024
2nd Cir. 23-1294 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars foreign states from using the collateral-order doctrine to bypass final judgment requirements. Consequently, Sudan must wait for a final district court judgment before challenging immunity rulings under non-§ 1605A exceptions.

Appellate Jurisdiction Civil Insurance
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Sep 3 2024
United States Court… 22-1271 Panel Decision

United States Sugar Corporation v. Environmental Protection Agency

The D.C. Circuit held that the EPA violated the Clean Air Act by classifying industrial boilers built before 2020 as new sources, contradicting the statute's explicit temporal definitions. Consequently, the court granted petitions from industry groups challenging this classification while denying environmental groups' challenges to the agency's data selection.

Civil Immigration (Civil)
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Aug 29 2024
9th Cir. 23-835 Published

OSWALDO FAVIO DOMINGUEZ OJEDA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that an immigration judge committed legal error by refusing to consider new evidence based on the mistaken belief that he lacked the discretion to do so. The court remanded the case, instructing the immigration judge to exercise discretion before rejecting the petitioner's additional evidence regarding his fear of persecution.

Civil Immigration (Civil)
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Aug 26 2024
9th Cir. 21-1325 Published

Zohaib Zia v. Merrick B. Garland, Attorney General

The Ninth Circuit clarified that while it lacks jurisdiction to review adverse credibility findings in good faith marriage waiver cases, it retains limited authority to review the ultimate good faith determination as a mixed question of law and fact. Applying this deferential standard, the court affirmed the denial of Zia's waiver petition because his testimony lacked weight and the remaining evidence did not compel reversal of the Board of Immigration Appeals' decision.

Civil Immigration (Civil)
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Aug 16 2024
9th Cir. 5:22-cv-08861- Published

NETCHOICE, LLC, doing business as NetChoice v. ROB BONTA, Attorney General Of The State Of California

The Ninth Circuit affirmed a preliminary injunction blocking California's requirement that online businesses opine on and mitigate risks of children viewing harmful content, ruling it likely violates the First Amendment by compelling speech. However, the court vacated the broader injunction covering other provisions because the record was insufficient to determine if those sections are facially unconstitutional or severable from the invalid mandate.

Civil Civil Rights - Voting
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Aug 16 2024
United States Court… 23-7031 Panel Decision

NEXTERA ENERGY GLOBAL HOLDINGS B.V. AND NEXTERA ENERGY SPAIN HOLDINGS B.V v. KINGDOM OF SPAIN

The D.C. Circuit held that U.S. district courts have jurisdiction under the Foreign Sovereign Immunities Act to confirm arbitration awards against Spain, even as Spain argued EU law voided the underlying arbitration agreements. However, the court reversed the lower court's decision to enjoin Spain from seeking anti-suit relief in European courts, citing the sensitive nature of imposing such orders on a foreign sovereign.

Civil Civil Rights - Voting
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Aug 15 2024
9th Cir. 22-1910 Published

CLAUDE STEPHEN BENT v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Aug 8 2024
United States Court… 23-7167 Panel Decision

Thomas v. Moreland

The D.C. Circuit affirmed the district court's grant of summary judgment in a defamation case, ruling that the appellant's motion for additional discovery was untimely and that the statements were protected by common interest privilege. The court held that the appellant failed to meet the difficult burden of proving actual malice required to overcome that privilege.

Civil Summary Judgment Tort / Personal Injury
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Aug 6 2024
United States Court… 23-7033 Per Curiam

HENRY SEARCY, JR v. DEMAURICE FITZGERALD SMITH

The D.C. Circuit held that Section 301 of the Labor Management Relations Act does not completely preempt a prospective agent's state law claims against the NFLPA, thereby stripping the District Court of federal question jurisdiction. The court remanded the case with instructions to dismiss the claims for lack of subject matter jurisdiction rather than for failure to state a claim.

Civil Labor
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Jul 30 2024
United States Court… 23-1064 Panel Decision

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated the Federal Energy Regulatory Commission's approval of a major natural gas pipeline, ruling that the agency arbitrarily overlooked significant environmental consequences and failed to adequately assess market need. The court held that FERC violated the National Environmental Policy Act and the Natural Gas Act by ignoring state mandates to reduce gas consumption and failing to properly balance the project's climate impacts.

Civil Environmental (Civil)
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