Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Michael Villecco against several Colorado state officials. The dismissal occurred because Villecco failed to file required documents and did not maintain a current address for service of court mail.
The First Circuit affirmed the dismissal of a malicious prosecution claim brought by a mother who was arrested after relocating with her child to Texas without her former partner's permission. The court held that the plaintiffs failed to prove the defendants acted with malice or presented false information to secure an arrest warrant, as required to overcome the presumption of probable cause.
The Eleventh Circuit affirmed summary judgment for YouTube and Google, holding that their copyright management tools do not constitute actual or red flag knowledge of infringement under the DMCA. The court further ruled that YouTube's general ability to moderate content does not amount to the right and ability to control infringing activity required to lose safe harbor protection.
The Fifth Circuit vacated a district court's order imposing Rule 11 and statutory sanctions against a plaintiff and his counsel, finding the sanctions were imposed without adequate notice and a meaningful opportunity to be heard. The appellate court held that the plaintiff's identity theft claims were not frivolous given the factual dispute over who opened the auto loan account.
The First Circuit affirmed the dismissal of civil rights claims against the City of Revere and summary judgment for a police officer, ruling that the plaintiff failed to prove discriminatory animus or municipal liability. The court held that the officer's actions were motivated by a desire to end a harassing relationship rather than national origin bias, and that no criminal proceedings were ever commenced to support a malicious prosecution claim.
The Eleventh Circuit affirmed summary judgment against Corpay, Inc. for deceptive advertising and unfair billing practices under the FTC Act. However, the court reversed the judgment against CEO Ronald Clarke on one count, ruling that the FTC failed to prove he had knowledge of the specific 'Fuel Only' advertising claims.
The First Circuit affirmed a permanent injunction barring the National Institutes of Health from imposing a uniform 15% cap on indirect cost reimbursements for federally funded research. The court held that the agency's action violated a congressional appropriations rider and contravened HHS regulations governing negotiated cost rates.
The Eleventh Circuit denied a petition for review of the Board of Immigration Appeals' decision rejecting asylum and Convention Against Torture claims by Colombian nationals. The court held that substantial evidence supported the agency's finding that the Colombian government did not acquiesce to FARC violence and that the petitioner failed to meet procedural requirements for an ineffective assistance of counsel claim.
The D.C. Circuit affirmed the district court's orders compelling arbitration and dismissing the case because the appellant failed to preserve arguments against arbitration. The court further held that dismissal was proper since the appellant did not request a stay of proceedings or justify maintaining the initial stay after neglecting to initiate arbitration.
The D.C. Circuit affirmed the dismissal of a consumer protection lawsuit, ruling that plaintiffs lacked a private right of action to enforce the Consumer Financial Protection Act. The court further held that the CFPB and D.C. Attorney General were not required parties and that state law claims fell outside the court's supplemental jurisdiction.