Topic
Every decision we've filed under Civil.
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.
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.
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.
The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.
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.