Topic
Every decision we've filed under Securities.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal filed by Marquette James due to a lack of jurisdiction. The court determined that the notice of appeal was premature and that the issue could be reviewed in a subsequent appeal from the final judgment.
The Eleventh Circuit affirmed the district court's grant of summary judgment in a civil securities dispute. The court rejected the appellant's arguments regarding untimely amendment, waiver of objections to a magistrate judge, and judicial recusal.
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 Eleventh Circuit affirmed the district court's dismissal of a pro se plaintiff's second amended complaint as a shotgun pleading. The court held that the complaint failed to provide fair notice of claims and violated Federal Rules of Civil Procedure eight and ten.
The United States Court of Appeals for the Fourth Circuit reversed a district court order that remanded two state court actions to state court sua sponte, holding that the district court lacked statutory authority to remand on non-jurisdictional grounds without a timely motion from a party.
The Eleventh Circuit affirmed the dismissal of a pro se plaintiff's claims under the Indian Gaming Regulatory Act and Florida state law, holding that statutory policy declarations do not create a private right of action. The court further ruled that the district court properly denied the plaintiff's motion to alter or amend the judgment because the attempt merely relitigated failed arguments.
The Eighth Circuit affirmed the dismissal of wrongful termination and defamation claims against Honeywell and summary judgment for the insurers regarding disability benefits. The court held that the plaintiff failed to prove an employment contract exception, missed the statutory deadline for discrimination claims, and could not overcome statutory privilege for defamation.
The Federal Circuit affirmed that the Surface Transportation Board's issuance of Notices of Interim Trail Use constitutes a Fifth Amendment taking requiring just compensation. Applying Indiana property law, the court held that the railroad held only easements which extinguished upon service cessation, causing fee simple title to revert to the adjacent landowners.
The Fourth Circuit granted a motion to stay the removal of a petitioner pending appeal, temporarily halting his deportation. The court deferred ruling on the government's motion to dismiss the appeal until a panel is assigned to review the case.
The United States Court of Appeals for the Fourth Circuit granted a motion for a stay of removal in an immigration case. The court deferred ruling on a respondent's motion to dismiss the appeal pending panel assignment.