Topic
Every decision we've filed under Summary Judgment.
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 reversed a defamation and false-light judgment against Senate Majority PAC, holding that the plaintiff failed to prove actual malice by clear and convincing evidence. The court ruled that while the ad could imply a defamatory meaning, there was insufficient evidence that the defendants intended or recklessly disregarded that specific implication.
The Tenth Circuit affirmed the dismissal of a § 1983 false arrest and malicious prosecution claim against Denver police officers, ruling that the officers were protected by qualified immunity. The court held that an ambiguous surveillance video did not clearly establish that the officers lacked arguable probable cause to arrest the plaintiffs.
The United States Court of Appeals for the Federal Circuit affirmed a judgment finding that a police officer did not shoot a tribal member on a reservation. The court held that the government did not abuse its discretion in imposing a rebuttable adverse inference sanction for spoliation of evidence.
The United States Court of Appeals for the District of Columbia Circuit ruled that the Proclamation and Guidance issued by President Trump, which circumvented the Immigration and Nationality Act's removal procedures, were unlawful.
The Ninth Circuit affirmed summary judgment for the Santa Clara County Superior Court, ruling that the plaintiff failed to prove disability discrimination under the ADA. The court further held that the plaintiff's remaining federal claims were barred by the Rooker-Feldman doctrine and Eleventh Amendment immunity.
The Eleventh Circuit affirmed the district court's grant of summary judgment against Debra Nevins on her Title VII and Section 1981 claims. The court held that Nevins failed to present a convincing mosaic of circumstantial evidence proving that her race was a motivating factor in her termination or that she was subjected to actionable retaliation or harassment.
The United States Court of Appeals for the Tenth Circuit affirmed a district court ruling that an insurer had a duty to defend a general contractor under an additional insured policy. The court held that the underlying lawsuits alleged injuries caused in part by the subcontractor's failure to provide safety barriers during ongoing operations.
The Sixth Circuit affirmed summary judgment for police officers who entered a home to conduct a welfare check, ruling that their actions were objectively reasonable under the emergency aid exception. The court held that the officers were shielded by qualified immunity because a reasonable officer could have believed immediate force was necessary to prevent harm given the dispatch warnings and the plaintiff's behavior.
The Sixth Circuit affirmed the denial of Deputy Smiley's qualified immunity motion, holding that a reasonable officer could not have known that shooting an unarmed, non-dangerous man with evident diminished capacity violated clearly established law. The court concluded that the deputy's belief that the plaintiff was drinking gasoline was objectively unreasonable, rendering the use of deadly force unconstitutional under the Fourth Amendment.