Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Tenth Circuit granted a stipulation filed by the parties to dismiss the appeal. Each party was ordered to bear its own costs in the matter.
The Fourth Circuit affirmed the dismissal of a sexual abuse survivor's state-law tort claims against a residential treatment facility, ruling they were time-barred under West Virginia's two-year statute of limitations. The court clarified that the state's tolling statute for intentional concealment does not apply to claims based on negligent supervision or hiring.
The Seventh Circuit certified a question of Kentucky state law to the Kentucky Supreme Court to determine if a state conviction for receiving stolen property categorically matches the federal definition of an aggravated felony. The court could not discern whether the state statute requires subjective knowledge of the stolen nature of the property, which is a mandatory element under federal immigration law.
The Ninth Circuit affirmed the dismissal of a pro se prisoner's civil rights lawsuit alleging due process violations in prison disciplinary proceedings. The court held that the plaintiff failed to allege facts sufficient to state a plausible claim.
The United States Court of Appeals for the Eighth Circuit issued an opinion in this immigration civil matter. The court entered judgment in accordance with the opinion on the same date.
The Tenth Circuit affirmed the district court's dismissal of Michael Hudson's claims against the Social Security Commissioner because the appellant failed to prosecute previous appeals and offered no arguments challenging the lower court's ruling. The court held it lacked jurisdiction to review prior district court decisions and found no legal basis for the requested FICA tax refunds or damages.
The Seventh Circuit affirmed summary judgment for an insurance company, holding that a Nursing Care Policy does not provide home health care benefits under Illinois regulations. The court ruled that the policy's alternative plan of care provision is discretionary and does not trigger state protections designed for policies that affirmatively guarantee home care.
The Ninth Circuit affirmed the district court's dismissal of the Bowmans' claims under the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act. The appellate panel held that the lower court properly denied the plaintiffs' motions for default judgment and a continuance based on the specific legal standards governing those requests.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant seeking in forma pauperis status. The court found the appellant's arguments conclusory and patently meritless, ruling that the appeal was frivolous.
The Fifth Circuit affirmed a district court's award of litigation costs to Southern Methodist University, ruling that the university qualified as a prevailing party despite one plaintiff's claims surviving summary judgment. The court held that SMU was entitled to recover fees for deposition videos, transcripts, and copying under 28 U.S.C. § 1920 because these expenses were necessary for trial preparation.