Topic
Every decision we've filed under Civil.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum seeker's claims. The court held that the BIA's streamlining procedure was lawful and that the petitioner forfeited all other challenges by failing to raise them in his opening brief.
The Fifth Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that an employer has no established duty to pay higher visa fees for visa types it never applied for. The court further ruled that failing to withhold taxes on underpaid wages does not constitute a reverse false claim because the obligation to transmit money to the Treasury arises only after wages are actually paid.
The Ninth Circuit affirmed judgment on the pleadings for five of six claims, ruling that Fareportal's RICO, DTSA, and trade secret actions were time-barred because the company knew of the injury in 2016. The court reversed regarding the civil conspiracy and Unfair Competition Law claims, finding them timely and remanding for further proceedings on those specific causes of action.
The Eleventh Circuit denied a petition for review of a Board of Immigration Appeals decision refusing to rescind a 2002 in absentia removal order. The court held that the petitioner failed to overcome the presumption of receiving notice of his hearing and did not demonstrate materially changed country conditions in El Salvador.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who shot and killed a fleeing, unarmed teenager who made no threatening movements with a weapon. The court held that under clearly established law, an officer cannot use deadly force against a suspect who is armed but poses no immediate threat to safety.
The Ninth Circuit denied the petition for review of the Board of Immigration Appeals' dismissal of asylum and Convention Against Torture claims, ruling that key arguments were forfeited for failure to be raised in the opening brief. Even on the merits, the court found substantial evidence supported the lower court's conclusion that the threats lacked a nexus to a protected ground and were not committed by forces the government could not control.
The Eleventh Circuit affirmed the dismissal of Blair Clark's malicious prosecution claim because his complaint failed to identify a specific legal process that was constitutionally infirm. The court held that an officer's probable cause affidavit submitted to a prosecutor does not constitute the legal process required to sustain a Fourth Amendment malicious prosecution claim.
The Federal Circuit affirmed the district court's judgment of noninfringement for three network security patents, rejecting Centripetal's arguments on claim construction and factual findings. The court held that Cisco's packet-filtering products failed to meet specific statutory limitations regarding two-stage filtering, but-for causation, and automated rule generation.
The Ninth Circuit denied a petition for review of an immigration order because the petitioner failed to exhaust specific legal challenges before the Board of Immigration Appeals. The court dismissed the petition without addressing the merits of the asylum, withholding of removal, or Convention Against Torture claims.
The Sixth Circuit denied petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court held that the parties' arguments were identical to those rejected in a prior published decision, which binds the panel and precludes relief.