Topic
Every decision we've filed under Securities.
The Fifth Circuit certified a question to the Mississippi Supreme Court regarding whether construction liens are valid when they rely on attached invoices that fail to clearly identify the last date labor was provided. The appellate court remanded the case with instructions to await the state court's answer before proceeding.
The Eleventh Circuit affirmed a district court's grant of summary judgment in a defamation suit brought by an air charter provider against a national bank. The court held that the bank's statements regarding transaction cancellations were true and protected by qualified privilege.
The Federal Circuit dismissed a whistleblower appeal because the petition for review was filed six days after the mandatory sixty-day statutory deadline. The court held that the filing deadline is inflexible and cannot be extended for pro se litigants who fail to demonstrate equitable tolling.
The Federal Circuit affirmed the dismissal of a veteran's motion to revise a prior Board order for clear and unmistakable error, holding that a prior judicial affirmance bars such revision. The court further ruled that a remand order is not a final decision subject to revision under the applicable regulations.
The Eleventh Circuit denied Henkels & McCoy's petition for review, upholding the Occupational Safety and Health Review Commission's finding that the company violated the Occupational Safety and Health Act's general duty clause. The court ruled that the Commission's decision was supported by substantial evidence and was not arbitrary or capricious.
The Eleventh Circuit affirmed summary judgment for Waffle House, ruling that an employee's stabbing of a customer was an independent criminal act outside the scope of employment. The court held that the employer was not liable under Florida law because the assault was not reasonably foreseeable and the employee had stepped away from his duties at the time of the incident.
The Fifth Circuit affirmed summary judgment against Robert Allen Stanford, holding that his prior criminal convictions established civil liability under federal securities laws through collateral estoppel. The court found Stanford forfeited all substantive challenges to jurisdiction and the definition of certificates of deposit by failing to raise them at the summary-judgment stage.
The Seventh Circuit held that a 2024 Illinois amendment to the Biometric Information Privacy Act applies retroactively to pending cases. The court ruled that the amendment, which limits damages to a per-person basis, is a procedural change that courts must apply to cases filed before its enactment.
The Eleventh Circuit affirmed the dismissal of a prisoner's Equal Protection claim challenging a prison policy delaying sex-offender therapy eligibility. The court held that the plaintiff failed to plead sufficient factual allegations to show invidious discrimination or that he was similarly situated to other prisoners who received more favorable treatment.
The Federal Circuit affirmed the removal of a federal deportation officer who concealed a loaded firearm during a domestic altercation and bit his wife to escape. The court held that the agency properly found the conduct unbecoming of an officer and that the lack of candor charges were supported by substantial evidence.