Topic
Every decision we've filed under Civil.
The Eighth Circuit affirmed a district court order denying a judgment creditor's motion to depose its former counsel regarding a third-party defendant's finances. The court held that the proposed discovery violated a prior order prohibiting further inquiry into the third party's finances absent new evidence of fraudulent transactions.
The Ninth Circuit denied a petition for a writ of mandamus seeking to overturn a district court order declining to appoint Crain Walnut Shelling as lead plaintiff in a securities fraud class action. The panel clarified that the standard of proof for rebutting the presumption of adequacy under the Private Securities Litigation Reform Act is preponderance of the evidence.
The Eighth Circuit reversed the denial of qualified immunity for one deputy while affirming the lower court's ruling on other officers involved in a jail custody incident. The court found that the use of a taser on a resisting detainee was justified, but the use of pepper spray and other force against non-resisting individuals violated clearly established law.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision upholding a settlement agreement. The court held that the petitioner forfeited arguments regarding coercion and fraud by failing to raise them during the administrative proceedings.
The United States Court of Appeals for the Eighth Circuit denied a petition for review of an immigration order. The court found the petitioner failed to exhaust administrative remedies and waived challenges regarding her asylum claim.
The United States Court of Appeals for the Federal Circuit affirmed the Merit Systems Protection Board's decision to uphold the removal of a Department of Veterans Affairs employee. The court found substantial evidence supported the agency's finding that it would have removed the employee regardless of any protected whistleblowing activity.
The Ninth Circuit affirmed a district court order denying a motion to proceed in forma pauperis. The court held that the appeal was moot because the appellant had already paid the required filing fee.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision denying a whistleblower retaliation claim. The court held that the petitioner failed to prove her disclosures were a contributing factor in her adverse personnel actions.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's grant of summary judgment to TC Transcontinental Tulsa in a Title VII employment discrimination case brought by a pro se plaintiff.
The Ninth Circuit clarified the scope of immunity available to Chapter seven bankruptcy trustees, reversing a lower court ruling that granted immunity for alleged negligence in managing estate assets. The court held that trustees acting as property managers are not entitled to quasi-judicial immunity and remanded the case for further proceedings.