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Civil

Every decision we've filed under Civil.

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Criminal 1957 Summary Judgment 807 Sentencing Guidelines 719 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251 Anders Brief 242
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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Aug 1 2024
9th Cir. 2:22-cv-00509-SRB Per Curiam

Mi Familia Vota v. Fontes

The United States Court of Appeals for the Ninth Circuit vacated a partial stay order issued by a motions panel, ruling that the district court's injunction barring enforcement of a specific Arizona statute shall remain in effect pending appeal.

Civil Civil Rights - Voting
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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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Jul 30 2024
9th Cir. 21-1228 Published

EDGAR G.C v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for an immigrant with a history of childhood abuse. The court held that the petitioner's assault conviction constituted a particularly serious crime and that substantial evidence supported the agency's finding that he was not more likely than not to face future torture in Mexico.

Civil Immigration (Civil)
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Jul 30 2024
United States Court… 21-7127 Panel Decision

Exxon Mobil Corporation v. Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A. (Panama), and Unión Cuba-Petróleo

The D.C. Circuit held that the Cuban Liberty and Democratic Solidarity Act does not independently strip foreign sovereigns of immunity, leaving the Foreign Sovereign Immunities Act as the exclusive basis for jurisdiction. The court vacated the district court's ruling and remanded for further fact-finding on whether the defendants' current commercial operations in the United States satisfy the FSIA's commercial-activity exception.

Civil Consumer Protection
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Jul 26 2024
United States Court… 22-1335 Panel Decision

ENTERGY ARKANSAS, LLC v. FEDERAL ENERGY REGULATORY COMMISSION ARKANSAS PUBLIC SERVICE COMMISSION, ET AL Consolidated with 23-1111

The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.

Administrative / Agency Review Civil
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Jul 25 2024
3rd Cir. 23-1620 Panel Decision

HAROLD R. BERK v. WILSON C. CHOY, MD; BEEBE MEDICAL CENTER, INC.; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF MIDDLETOWN, LLC

The Third Circuit affirmed the dismissal of a medical malpractice suit because the plaintiff failed to file a required affidavit of merit under Delaware law. The court held that this state statute is substantive under the Erie doctrine and does not conflict with the Federal Rules of Civil Procedure.

Civil Insurance
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Jul 24 2024
United States Court… 23-5178 Panel Decision

Karimova v. Abate

The D.C. Circuit affirmed the dismissal of a visa applicant's claim that a consular officer failed to make a final decision on her application. The court held that federal regulations do not impose a clear legal duty prohibiting officers from placing refused applications in administrative processing.

Administrative / Agency Review Civil
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Jul 23 2024
9th Cir. 22-507 2-1

SOCORRO COLIN-VILLAVICENCIO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of derivative citizenship and Convention Against Torture relief, holding that the petitioner's father established paternity by legitimation under Baja California law. The court excused the waiver of the citizenship claim to avoid manifest injustice but found no genuine dispute of material fact requiring transfer to a district court.

Civil Immigration (Civil) Summary Judgment
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Jul 23 2024
United States Court… 22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Civil Civil Rights - Employment Summary Judgment
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