Topic
Every decision we've filed under Civil.
The Third Circuit affirmed the dismissal of Frank Nellom's complaint for failure to exhaust administrative remedies before seeking judicial review of his Social Security benefits. The court held that without a final decision from the Commissioner, the District Court lacked subject matter jurisdiction to hear the case.
The Fourth Circuit affirmed the dismissal of an environmental consultant's negligent misrepresentation claim against an insurance adjuster, holding that North Carolina law imposes no duty of care on independent adjusters toward third-party claimants. The court reasoned that imposing such a duty would create conflicting loyalties for adjusters who are employed by insurers.
The First Circuit denied a petition for review of an asylum denial, ruling that the petitioner failed to prove past persecution or a sufficient causal link between the harm she suffered and her claimed sexual orientation. The court further held that the petitioner did not demonstrate that the Honduran government was unwilling or unable to protect her from private actors.
The Fourth Circuit reversed and vacated a district court's class certification order in an ERISA fiduciary breach case involving a defined contribution plan. The court held that individualized monetary claims in such plans cannot be joined in a mandatory class under Rule 23(b)(1) and that the plaintiffs failed to demonstrate commonality.
The Sixth Circuit affirmed the denial of a preliminary injunction against Ohio House Bill 96, ruling that the state's escheat of unclaimed funds does not cause irreparable harm. The court held that property owners retain a ten-year window to recover their funds plus interest, negating the need for injunctive relief.
The Ninth Circuit affirmed the denial of qualified immunity for a police officer who fatally shot an unarmed individual. The court held that viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could find the use of deadly force violated clearly established law.
The Sixth Circuit denied a petition for review of a BIA decision rejecting an asylum claim because the petitioner failed to prove her abuse was motivated by her membership in a protected social group. The court held that the harm suffered was the result of private crimes rather than persecution on account of her identity as an indigenous Mayan Quiche woman.
The D.C. Circuit dismissed Indiana's appeal of a district court order remanding a Medicaid dispute to HHS because the remand order was not a final decision under 28 U.S.C. § 1291. The court held that the order left the core dispute unresolved for further agency proceedings, and no exceptions to the finality rule applied.
The Sixth Circuit dismissed the officers' interlocutory appeal for lack of jurisdiction because they refused to accept the plaintiff's version of genuinely disputed facts regarding the level of resistance. The court held that without a factual concession or clear video evidence resolving the dispute, appellate review of qualified immunity denials in excessive-force cases is barred.
The Eleventh Circuit held that a plaintiff is entitled to equitable tolling of the 90-day statutory filing period for a Title VII claim when an extraordinary circumstance, such as a hurricane, delays delivery of a complaint despite the plaintiff's reasonable diligence. The court vacated the district court's dismissal and remanded the case for further proceedings.