Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Fourth Circuit denied a petition for review of a Board of Immigration Appeals order denying asylum and related protections. The court upheld the agency's adverse credibility determination and findings that the petitioner failed to meet the burden of proof for relief.
The United States Court of Appeals for the Eighth Circuit affirmed a district court ruling that a non-compete covenant between a recruiting firm and an independent contractor was unenforceable under Iowa law. The appellate court found the restriction was not reasonably necessary to protect the seller's business and disproportionately burdened the contractor.
The Tenth Circuit affirmed the dismissal of a tribe's claim for liquidated damages against the Governor of Oklahoma based on Eleventh Amendment immunity. The court reversed the lower court's ruling on the tribe's claim to be excused from exclusivity fees, finding the relevant compact provision ambiguous and remanding for further proceedings.
The Fourth Circuit affirmed a district court ruling that a hospital failed to meet regulatory requirements when appealing Medicare payment denials. The court held that the hospital's requests for review were insufficiently specific and did not adequately explain its challenges to the administrative law judges' decisions.
The United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a debtor's adversary complaint against a mortgage association. The court held that the bankruptcy court did not abuse its discretion in denying leave to amend because any amendment would have been futile.
The United States Court of Appeals for the Tenth Circuit dismissed this appeal as moot after the district court granted the plaintiff leave to file a Fourth Amended Complaint. The court held that the new pleading superseded the Third Amended Complaint, which was the basis for the original qualified immunity appeal.
The Eleventh Circuit affirmed the dismissal of a municipal taxpayer's federal and state law claims challenging land transactions by the City of Guntersville. The court held that the federal claims were time-barred and that the state law challenges were precluded by prior Alabama Supreme Court rulings.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se plaintiff because the notice of appeal was not filed within the required timeframe. The court held that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that was not met in this instance.
The United States Court of Appeals for the Ninth Circuit denied a petition for review regarding a Longshore and Harbor Workers' Compensation Act disability claim. The court affirmed the Benefits Review Board's order finding the petitioner permanently partially disabled rather than permanently totally disabled.
The Eleventh Circuit affirmed a district court's dismissal of a civil rights action for failure to comply with a court order. The court held that the plaintiff failed to rebut the presumption that he received the order despite his claim of a prison transfer.