Appellate
79 articles in this practice area
Appeals Court Axes Councilman's 'Smoking Gun' Retaliation Claims
A federal appeals court on Thursday threw out a former Ohio city councilman's claims that officials retaliated against his political speech by reporting him to ethics authoritie...
Tenth Circuit Grants En Banc Review In Industrial Bankers 'State Loan' Case
The Tenth Circuit granted en banc rehearing Wednesday in a closely watched case challenging Colorado's banking regulations, vacating its prior November decision and ordering the...
Ninth Circuit Nixes BIA's 'Wrong Diligence Standard' for Stateless Petitioner
A Ninth Circuit panel on Tuesday vacated a Board of Immigration Appeals decision denying a stateless Armenian immigrant's motion to reopen removal proceedings, holding that the...
Eighth Circuit Nixes Immunity For Missouri Patrol Chiefs In 'Expunged' Arrest Case
The Eighth Circuit on Wednesday denied sovereign and qualified immunity to Missouri State Highway Patrol officials, saying they can be sued over a trooper's arrest of a man for...
7th Circuit Nixes 'Facial' Attack on Felon Firearm Ban
A Seventh Circuit panel on Wednesday reversed a district court's ruling that struck down the federal felon-in-possession gun law as unconstitutional in all applications, with Ju...
Seventh Circuit Affirms Gun Ban for 'Dangerous' Drug Dealer
The Seventh Circuit on Wednesday upheld the federal felon-in-possession law against a convicted drug dealer, ruling that his cocaine distribution conviction qualifies as a "dang...
Seventh Circuit Nixes Veteran's Challenge To 'Firearm Ban' Over Peyote Conviction
The Seventh Circuit on Wednesday upheld Wisconsin's denial of a concealed-carry permit to a veteran convicted by military court of distributing peyote, rejecting his Full Faith...
Sixth Circuit Affirms Felon's 'Armed Career Criminal' Sentence Despite 'Complex Questions'
A Sixth Circuit panel on Wednesday upheld a felon-in-possession defendant's enhanced 15-year sentence under the Armed Career Criminal Act, ruling that three prior convictions fr...
Sixth Circuit Nixes Ex-Husband's Affidavit Of Support Suit, Affirms 'Broad' Preclusion Rule
A Sixth Circuit panel on Wednesday affirmed dismissal of a Canadian immigrant's lawsuit seeking financial support from his ex-wife under an immigration affidavit, ruling that Mi...
Sixth Circuit Reverses Habeas Grant In Murder Case, Nixes 'Defense-of-Others' Instruction Claim
A Sixth Circuit panel on Friday reversed a federal judge's grant of habeas relief to a Michigan woman convicted of second-degree murder, ruling that the state court's refusal to...
Fifth Circuit Revives Porch.com's 'Administrative Services' Contract Claim Against Gallagher Re
A Fifth Circuit panel on Wednesday partially revived Porch.com's contract lawsuit against reinsurance broker Gallagher Re, ruling that the district court wrongly dismissed claim...
Ninth Circuit Nixes 'Prejudice' Argument In Immigration Reinstatement Case
The Ninth Circuit denied Alfonso Verduzco Ruiz's petition challenging the reinstatement of his removal order Thursday, holding that aliens must show prejudice for due process vi...
Ninth Circuit Nixes Using 'Collateral Estoppel' to Kill Travel Nurse Arbitration Pacts
A Ninth Circuit panel on Tuesday reversed a California federal judge's denial of arbitration, ruling that non-mutual offensive collateral estoppel doctrine cannot be used to inv...
Ninth Circuit Nixes 'Overbroad' DHS Protest Injunction, Backs Press Rights
A Ninth Circuit panel Tuesday affirmed a federal judge's preliminary injunction protecting journalists and protesters from Department of Homeland Security retaliation during imm...
Eighth Circuit Nixes Child Abuse Conviction, Slams Feds' 'Particular Proceeding' Proof
The Eighth Circuit on Tuesday vacated a Native American ranch hand's witness tampering conviction while affirming 13 other charges including child sexual abuse, ruling the gover...
Eighth Circuit Nixes Williams Challenge To 444-Month Robbery 'Package' Sentence
The Eighth Circuit on Tuesday rejected Dante Williams' challenge to his 444-month prison sentence for two home invasion robberies that resulted in a woman's death, affirming a N...
Eighth Circuit Nixes Harvest Capital 'Loan' Claims, Affirms Contract Integration
An Eighth Circuit panel on Tuesday upheld summary judgment for Harvest Capital Asset Management, ruling that a written agreement barred Galtere Inc.'s claims for $802,400 in pur...
Eighth Circuit Nixes Subpoena, Affirms 'State Autonomy' Protection
The Eighth Circuit ruled Monday that Nebraska State Patrol can invoke sovereign immunity to block a Rule 30(b)(6) deposition subpoena because the "disruptive" request would "inf...
Sixth Circuit Nixes '50% Rule' For Early Supervised Release Termination
The Sixth Circuit on Tuesday vacated a Tennessee federal judge's denial of early supervised release termination for a drug offender, ruling that courts cannot use "blanket rules...
Sixth Circuit Axes Excessive Force Suit, Says Officers 'Did Not Violate Clearly Established Rights'
A Sixth Circuit panel on Tuesday reversed a federal judge's partial denial of qualified immunity to Detroit police officers accused of using excessive force during a 2019 arrest...