Topic
Every decision we've filed under Securities.
The Eleventh Circuit vacated a district court judgment that dismissed a pro se plaintiff's amended complaint under the Rooker-Feldman doctrine. The appellate court held that the complaint was an unintelligible shotgun pleading that should have been dismissed under Federal Rule of Civil Procedure twelve comma six.
The Sixth Circuit vacated a district court order deferring summary judgment and ordering further discovery in a qualified immunity case. The appellate court held that the district court failed to properly analyze whether discovery was necessary to resolve genuine disputes of material fact before allowing it to proceed.
The Eleventh Circuit affirmed summary judgment for Freightliner but reversed for Forest River in a Florida Lemon Law dispute, holding that the district court erred by imposing an incorrect presumption standard.
The Sixth Circuit affirmed the dismissal of a lawsuit challenging an Air Force promotion denial, holding that the Correction Board acted within its discretion under the Administrative Procedure Act. The court ruled that the Senior Rater's submitted record remained valid despite a procedural error in providing a copy to the officer, and that the Board's reliance on that record was supported by substantial evidence.
The Ninth Circuit affirmed that Montana lacks jurisdiction to enforce its 1975 Streambed Act against private landowners within Glacier National Park. The court held that because the United States acquired exclusive legislative jurisdiction in 1914, post-cession state statutes do not apply absent a same basic scheme exception.
The Ninth Circuit affirmed the district court's grant of summary judgment, holding that Montana lacks jurisdiction to enforce its 1975 Streambed Act against private inholdings within Glacier National Park. The court reasoned that because the United States acquired exclusive legislative jurisdiction over these lands in 1914, post-cession state statutes do not assimilate into federal law absent a same basic scheme.
The Eleventh Circuit affirmed a district court dismissal of a flood insurance claim suit filed more than a year after the insurer's initial denial. The court held that a claim is considered proved under the National Flood Insurance Act when an adjuster's report is accepted, even without a sworn proof of loss.
The Eleventh Circuit affirmed a district court's grant of summary judgment in a prisoner's Eighth Amendment medical care claim. The court found no genuine dispute regarding the seriousness of the plaintiff's foot pain or any deliberate indifference by the medical director.
The United States Court of Appeals for the Tenth Circuit affirmed a district court dismissal of a pro se challenge to tribal membership classification. The court held that the statutory window to contest the determination under the Ute Partition Act had long expired.
The Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether an insurer's breach of a cooperation clause bars a third party's direct action under Louisiana law. The court paused the federal appeal because it cannot make a reliable 'Erie guess' without state guidance on this unsettled issue.