Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the District of Columbia Circuit dismissed an appeal challenging a district court order remanding a landlord-tenant case to state court. The court held that the appellant failed to demonstrate appellate jurisdiction over the remand order.
The D.C. Circuit denied a petition for review of an NTSB order affirming a pilot's violation of federal aviation regulations for flying below minimum safe altitudes. The court rejected the pilot's arguments regarding alleged ALJ errors, insufficient notice in the complaint, and a request to overrule prior precedent on sanction deference.
The Ninth Circuit denied Marlon Alonzo Smith's petition for review of the Board of Immigration Appeals' order denying Convention Against Torture relief and finding him removable. The court held that Smith failed to preserve his challenges to the authenticity of key government documents and found substantial evidence supported the denial of CAT protection.
The Ninth Circuit held that a longshoreman with unilateral hearing loss and bilateral tinnitus is entitled to compensation under the statutory rate for one ear, not the higher rate for bilateral hearing loss. The court also ruled that the Benefits Review Board's remand order was final and appealable because only a ministerial act remained for the Administrative Law Judge to complete.
The D.C. Circuit reversed the district court's dismissal of a federal employee's due process claim, holding that career appointees in the Senior Executive Service possess a protected property interest in their tenure after completing their probationary period. The court reasoned that because the Civil Service Reform Act limits removals to specific causes for tenured SES employees, they are entitled to constitutional procedural protections before being removed.
The D.C. Circuit denied petitions challenging the Federal Energy Regulatory Commission's certification of the Evangeline Pass Expansion Project, ruling that the agency reasonably applied the National Environmental Policy Act. The court also upheld FERC's decision to deny windfall profit credits to existing pipeline customers who would not use the new capacity.
The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.
The Ninth Circuit enforced the National Labor Relations Board's order requiring Starbucks to bargain with Workers United, rejecting the company's arguments regarding election procedures and court jurisdiction. The panel held that the Regional Director properly ordered a mail-ballot election during the pandemic and that the Board's order was final and reviewable despite severing a potential compensatory remedy.
The Ninth Circuit affirmed a preliminary injunction banning wolf trapping in Montana during grizzly bear denning season but vacated the order's geographic scope and prohibition on research trapping. The court held that while plaintiffs raised serious questions regarding unlawful grizzly bear take under the Endangered Species Act, the district court's injunction was overbroad in its application to areas outside the occupied grizzly range and to state research activities.
The Ninth Circuit held that the Board of Immigration Appeals erred by failing to apply the presumption of past persecution and shifting the burden to the government regarding internal relocation for an asylum seeker from India. The court remanded the case for a reasoned, individualized analysis of whether the petitioner could safely relocate within India given his continued political advocacy, while affirming the denial of Convention Against Torture relief.