Topic
Every decision we've filed under Civil.
The Ninth Circuit affirmed the dismissal of a lawsuit challenging U.S. military aid to Israel, ruling that the claims present nonjusticiable political questions. The court held that adjudicating the dispute would improperly intrude upon the Executive Branch's exclusive constitutional prerogatives over foreign policy and national security.
The United States Court of Appeals for the Eighth Circuit issued an opinion in this civil rights appeal. The court entered judgment and provided procedural instructions regarding post-submission filings.
The D.C. Circuit held that the Federal Energy Regulatory Commission must apply the Mobile-Sierra presumption before ordering refunds for electricity sales exceeding a soft price cap. The court vacated the Commission's refund orders and dismissed challenges from consumer groups as moot.
The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.
The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.
The United States Court of Appeals for the District of Columbia Circuit affirmed a district court dismissal of a complaint for failing to meet pleading standards. The court held that the appellant failed to provide a short and plain statement of the claim required under Federal Rule of Civil Procedure eight comma a.
The D.C. Circuit dismissed a petition for a writ of mandamus, holding that the All Writs Act does not grant jurisdiction to intervene in a closed case where the appellate court lacks authority to review the underlying state court decisions. The court further affirmed the district court's denial of leave to file new documents, ruling that the lower court did not abuse its discretion in managing its docket.
The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.
The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.
The Ninth Circuit held that while the Board of Immigration Appeals erred by refusing to remand a case for voluntary departure eligibility following a change in law, the error was harmless because the petitioner failed to prove she met all statutory requirements. The court affirmed the denial of asylum and withholding of removal, finding substantial evidence supported the conclusion that the petitioner's fear of gang violence was speculative.