Topic
Every decision we've filed under Civil.
The Fourth Circuit affirmed the dismissal of a pro se plaintiff's complaint for failure to comply with a court order to obtain counsel. The court held that the district court did not abuse its discretion and that the plaintiff forfeited any challenge to the order by failing to raise it earlier.
The Third Circuit affirmed the District Court's denial of a former Air Force reservist's request to correct his military record under the Administrative Procedure Act. The court held that the Air Force Board's decision to deny the petition was supported by substantial evidence and was not arbitrary or capricious.
The Third Circuit dismissed a petition for review because the Board of Immigration Appeals denied a motion to reopen based on unfettered discretion regarding untimeliness. The court found no settled course of adjudication or incorrect legal premise existed to permit judicial review of this discretionary decision.
The Fifth Circuit held that members of the Gulf of Mexico Fishery Management Council are officers under the Appointments Clause due to their veto power over the Secretary of Commerce. The court severed the unconstitutional veto authority and affirmed the district court's grant of summary judgment in favor of the government.
The First Circuit affirmed the dismissal of a tortious interference claim, ruling that the district court properly applied a pending motion to dismiss to an amended complaint. The court held that the amended pleading failed to plausibly allege that the defendant knew of the plaintiff's contract with a third party.
The First Circuit affirmed the dismissal of a disability discrimination claim against a health insurer that excluded coverage for weight-loss medications. The court held that the exclusion was facially neutral and that the plaintiff failed to allege sufficient facts showing the policy was motivated by animus toward obesity or that it constituted proxy or disparate impact discrimination.
The Fifth Circuit affirmed summary judgment for Dr. Aaron Shaw, holding that the plaintiff failed to prove he had subjective knowledge of a substantial risk of serious harm to the pretrial detainee. The court ruled that because the Medical Director did not personally review the specific email detailing the inmate's symptoms, he lacked the requisite awareness to establish a constitutional violation.
The Fifth Circuit affirmed that a Chapter 7 trustee cannot earn commissions on surplus distributions made to an entity functioning as the debtor's stand-in. The court held that such payments fall under the statutory category for returning equity to the debtor, which is explicitly excluded from the trustee's compensation calculation.
The Fifth Circuit denied a petition for review of a BIA order denying cancellation of removal, holding that jurisdiction is barred over factual hardship findings. The court further ruled that aliens possess no due process rights regarding discretionary relief and that the petitioner failed to meet the legal standard for exceptional and extremely unusual hardship.
The Fifth Circuit denied Sandeep Singh's petition for review, upholding an adverse credibility finding by the Immigration Judge. The court held that substantial evidence supported the agency's conclusion that Singh's passport was altered and his supporting affidavits were suspiciously similar.