Topic
Every decision we've filed under Securities.
The United States Court of Appeals for the Tenth Circuit reversed a district court decision upholding a federal agency order regarding natural gas royalties. The court held that the agency acted arbitrarily and capriciously by failing to consider a prior settlement agreement when calculating deductible costs.
The Tenth Circuit held that the Office of Natural Resources Revenue acted arbitrarily and capriciously by failing to consider a prior settlement agreement when denying Devon Energy's cost deductions for gas production. The court remanded the case to the district court with instructions to vacate the agency's order and require a new determination consistent with the settlement terms.
The Ninth Circuit affirmed the dismissal of a developer's federal constitutional claims, holding that the plaintiff failed to allege a constitutionally protected property interest in the disputed land or contractual payments. The court reasoned that the plaintiff conveyed legal title to the property and that the contract language did not create a legitimate claim of entitlement to payment for a specific number of lots.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal filed by Christopher Whitman challenging a district court order regarding federal tax liens. The appellate court ruled that it lacked jurisdiction because the district court had not yet entered a final order of sale to foreclose on the properties.
The Eleventh Circuit affirmed the dismissal of a challenge to the denial of an immigration petition based on prior marriage fraud. The court held that the agency's determination that the petitioner's previous marriage was a sham was supported by substantial evidence and not arbitrary or capricious.
The Ninth Circuit vacated summary judgment on a maritime negligence claim because expert testimony created a genuine dispute over whether a cruise line knew its bathroom design was unreasonably dangerous. However, the court affirmed summary judgment on a negligence per se claim because a movable shower curtain does not qualify as a prohibited obstruction under applicable plumbing codes.
The Eleventh Circuit affirmed the district court's order compelling arbitration for a seaman's maintenance and cure claims but reversed the order compelling arbitration for his Jones Act negligence claim against non-signatory defendants. The court held that while the employment agreement's arbitration clause was valid, the plaintiff's allegations did not demonstrate the interdependent and concerted misconduct required to bind non-signatories to the Jones Act claim.
The Ninth Circuit granted the United States' motion for an injunction pending appeal, temporarily barring California from enforcing its identification requirement for federal law enforcement officers. The court held that the state statute likely violates the Supremacy Clause because it directly regulates the federal government in the performance of its governmental functions.
The Federal Circuit dismissed an appeal because the Merit Systems Protection Board's order was not a final decision under the governing statute. The court held that a stay of proceedings pending resolution of related issues does not end litigation on the merits.
The Seventh Circuit affirmed the denial of a preliminary injunction against a Wisconsin statute requiring FDA authorization for electronic nicotine delivery systems. The court held that the Federal Tobacco Control Act does not preempt state laws regulating the sale of tobacco products.