Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by an incarcerated plaintiff who sought to proceed in forma pauperis. The court found the appeal lacked arguable merit because the claims were time-barred or failed to state a cognizable constitutional issue.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Howard Lawrence Ellsworth, III and Theresa Lynn Ellsworth as frivolous. The court denied their motion to proceed in forma pauperis because they failed to meaningfully challenge the district court's dismissal of their claims.
The United States Court of Appeals for the Fifth Circuit denied a petition for review challenging a Board of Immigration Appeals decision. The court upheld the denial of a motion to reopen proceedings and rescind an in absentia removal order.
The Seventh Circuit affirmed a district court ruling denying disability benefits to a claimant with bipolar disorder and chronic pain. Although the Administrative Law Judge made multiple legal errors in evaluating a medical expert's opinion, the court found those errors harmless because the claimant could not meet the statutory threshold for disability.
The Eighth Circuit affirmed a district court order confirming an arbitration award and appointing a receiver to recover funds withheld by a lending association. The court held that the partial arbitration award was final and that the receiver was necessary due to the defendant's obstructionist conduct.
The Tenth Circuit reversed a district court judgment that dismissed an unincorporated association as a defendant in a voter intimidation case. The court held that unincorporated associations qualify as persons who can be sued under the Voting Rights Act and Section nineteen eighty-five of the Ku Klux Klan Act.
The Eleventh Circuit affirmed the dismissal of most employment discrimination claims by a physician against the Department of Veterans Affairs. The court vacated the dismissal of two claims regarding the suspension of clinical privileges and remanded those specific counts for further proceedings.
The Tenth Circuit affirmed a district court's grant of summary judgment in a medical malpractice case. The appellate court held that the district court properly excluded the plaintiffs' causation expert due to repeated discovery violations.
The United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a pro se action brought under the Fair Credit Reporting Act. The court found no basis for reversal after reviewing the district court's decision de novo.
The Tenth Circuit affirmed the denial of attorneys' fees to a former Army soldier seeking a Purple Heart under the Equal Access to Justice Act. The court held the soldier was not a prevailing party because the remand was based on new evidence rather than agency error, and the government's position was substantially justified.