Topic
Every decision we've filed under Other Civil.
The Third Circuit affirmed the dismissal of claims against Dr. Mogerman but vacated summary judgment on remaining medical negligence claims. The court held that Pennsylvania's certificate of merit rule does not apply to Federal Tort Claims Act actions in federal court.
The D.C. Circuit affirmed the district court's denial of leave to file a new complaint, ruling that the proposed filing failed to meet Federal Rule of Civil Procedure 8(a) standards and contained frivolous claims previously enjoined. The court further held that challenges to the underlying pre-filing injunction were barred by prior failure to appeal, and rejected allegations of judicial bias as meritless.
The D.C. Circuit affirmed the district court's dismissal of the appellant's complaint, ruling that certain claims were patently insubstantial and failed to present a federal question. The court further held that sua sponte dismissal was proper under the Twombly pleading standard because the amended complaint lacked the required short and plain statement of claim.
The Eleventh Circuit affirmed the district court's denial of a motion to reopen a civil case under Federal Rule of Civil Procedure 60(b). The court held that the plaintiffs' motion was untimely because it was filed more than one year after the original judgment.
The Eleventh Circuit dismissed appeals from a district court summary judgment order because the case was not yet final. The court held that an unresolved third-party claim prevented the litigation from ending on the merits.
The United States Court of Appeals for the Federal Circuit dismissed an appeal because the notice of appeal was filed after the mandatory 60-day jurisdictional deadline. The court held that this statutory time limit is strict and cannot be excused when the appellant fails to provide evidence required to invoke the prisoner filing rule.
The Federal Circuit granted the United States' motion for summary affirmance, upholding the dismissal of Lisa Ann Deweese's complaint for lack of subject matter jurisdiction. The court held that the plaintiff failed to state a non-frivolous claim against the federal government because her allegations targeted state-level Child Protective Services agencies.
The Third Circuit affirmed the dismissal of a second lawsuit filed by Achilles Curbison against federal agents regarding the seizure of his property. The court held that the claims were barred by the doctrine of res judicata because they involved the same parties and cause of action as a prior case already adjudicated on the merits.
The Eleventh Circuit dismissed an appeal sua sponte because the plaintiff filed a notice of appeal before the district court entered any order or judgment. The court held that appellate jurisdiction is strictly limited to final decisions, rendering a premature notice of appeal ineffective.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's partial dismissal order was not a final decision. The court held that claims against remaining defendants were still pending, preventing immediate appellate review.