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Articles by Per Curiam
FOOTE v. LUDLOW SCHOOL CO
Courts nationwide have faced all manner of important litigation involving matters of gender identity and gender expression, including use of folks' preferred pronouns. Today's case falls under that broad header. More specifically, it presents for our review challenging issues arising from the Ludlow School Committee's protocol ("the Protocol... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case.
MARTIN v. SEDGWICK CLAIMS
Shantyry Martin sued General Electric and Sedgwick Claims Management for disability benefits. The district court held Martin's suit is time-barred. We agree. I. Shantyry Martin began working as a quality inspector for General Electric in 2015. Soon after, Martin was diagnosed with systemic lupus... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
ROGERS v. SECRETARY OF HE
NOTE: This disposition is nonprecedential. This is a case brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended ("the Vaccine Act"). Bernadette Rogers, acting as legal representative of her mother, Willie Lee Williams, appeals from a decision of the United States Court of... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
GARCIA v. UNITED STATES
NOTE: This disposition is nonprecedential. Mr. Jim Garcia, an Army veteran, appeals a decision of the Court of Federal Claims. In the Court of Federal Claims, Mr. Garcia sought an increase in his combat-related special compensation ("CRSC") and associated back pay as well as compensation for emotional and psychological stress caused... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
UNITED STATES v. GOODING
JUDGMENT This case was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of the parties. The panel has afforded the issues full consideration and determined they do not warrant a published opinion. See FED. R. APP. P. 36; D... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
SIEMENS GOVERNMENT TECHNO | No. 2022-2240. | 20240508095 | Leagle.com
NOTE: This disposition is nonprecedential. Siemens Government Technologies, Inc. ("Siemens") appeals a decision of the Armed Services Board of Contract Appeals ("board") rejecting its claim seeking recovery of the development costs it incurred investigating potential energy conservation measures at military installations in Djibouti... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
SELBY v. McDONOUGH
NOTE: This disposition is nonprecedential Angela Goldman Selby appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming a Board of Veterans' Appeals ("Board") decision denying her an increased share of her late father's accrued Department of Veterans Affairs ("VA") disability benefits... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
UNITED STATES v. HERNANDE
Xavier Angelo Hernandez pleaded guilty to: conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 (prohibiting conspiracy), 841(a)(1) (prohibiting possession with intent to distribute), 841(b)(1)(A)(viii) (setting penalty); and possession of a firearm during... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
WELSH v. THORNE | No. 23-11109, Summary Calendar... | 20240506101| Leagle.com
Lonnie Kade Welsh, formerly Texas prisoner #2201624, moves for leave to proceed in forma pauperis (IFP) on appeal from the dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim upon which relief may be granted. Through his complaint and responses to a court questionnaire, Welsh alleged that... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
UNITED STATES v. OSEMWENG
A jury convicted Patrick Osemwengie of conspiring to defraud the United States and to pay and receive health care kickbacks, in violation of 18 U.S.C. § 371. During sentencing, the district court imposed a six-level enhancement under U.S.S.G. § 2B1.1(b)(1), which was applicable pursuant to U.S.S.G. &... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
LUCAS v. UNITED STATES PO
NOTE: This disposition is nonprecedential. Ms. Sherry G. Lucas petitions for review of a Merit Systems Protection Board ("Board") decision affirming the United States Postal Service's removal of Ms. Lucas from her position as Manager of Customer Service, EAS-22, at the Gary, Indiana Post Office for insubordination. Lucas v. U.S... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
IBARRA v. GARLAND
Isaias Arteaga Ibarra (Arteaga), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (BIA) affirming the denial of withholding of removal and protection under the Convention Against Torture (CAT). Our court reviews the BIA's decision and also considers the decision of the immigration... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
J.V. v. BROWNSVILLE INDEP
Plaintiffs Jose and Margarita Vega, on behalf of their son J.V., filed a series of claims with the Texas Education Agency and in federal court against Brownsville Independent School District. In the last-filed federal case, the district court dismissed Plaintiffs' claims with prejudice. Less than a year later,... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
KING v. DEPARTMENT OF THE
NOTE: This disposition is nonprecedential. Petitioner James E. King appeals a final decision of the Merit Systems Protection Board, in which the Board sustained the Department of the Army's decision to remove Mr. King from his position as an army civilian police officer. Because the Board's decision was supported by substantial evidence... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
FRIC v. ALLSTATE LIFE INS
Plaintiff-Appellant Gloria Fric was the primary beneficiary of a universal life insurance policy insuring the life of her husband. Following her husband's death in 2020, Mrs. Fric learned that the policy had lapsed ten months earlier for failure to pay premiums. She sued Defendant-Appellee Allstate Life Insurance... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
UNITED STATES v. SHAW
[DO NOT PUBLISH] After pleading guilty, defendant Bernard Shaw appeals his 60-month total sentence for two counts of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). At sentencing, the district court imposed a 14-month upward variance from the top of the advisory guidelines... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
UNITED STATES v. ISAGBA
[DO NOT PUBLISH] Joyce Isagba appeals her convictions and sentence for three counts of mail fraud, 18 U.S.C. §§ 1341 and 2, and one count of conspiring to defraud the United States, id. § 286, stemming from a scheme by her and her former husband, David Isagba, to defraud the government by filing fraudulent tax... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
SHAH v. NOVELIS | No. 23-40231. | By PER CURIAM | 20240423107 | Leagle.com
Plaintiff-appellant Vikramkumar Shah, appearing pro se, sued defendant-appellee Novelis and others, alleging employment discrimination under Title VII of the Civil Rights Act (Title VII). Because the defendants had not been properly served with process more than a year after Shah filed his complaint... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
IN RE APPLICATION OF POLI
JUDGMENT This case was considered on the record from the United States District Court for the District of Columbia, and on the briefs of the parties. See FED. R. APP. P. 34(a)(2); D.C. CIR. R. 34(j). The Court has afforded the issues full consideration and has determined that they do not warrant a published... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
UNITED STATES v. DICKSON
Kasavion Dickson was sentenced, inter alia, to 157-months' imprisonment and five years of supervised release, based on his pleading guilty to: aiding and abetting interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a); and, brandishing and discharging a firearm during and in relation... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
ELLIS v. SCHNEIDER NATION
Plaintiff-Appellant, David Edward Ellis, proceeding pro se and in forma pauperis, appeals the district court's judgment dismissing his claims under Title VII, the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA") against Defendant-Appellee, Schneider National... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
SMITH v. BP EXPLORATION &
Derek Paul Smith appeals the district court's dismissal of his claims against BP Exploration and Production, Inc. and BP America Production Company (collectively, "BP") stemming from the Deepwater Horizon oil spill in 2010. The district court dismissed the claims as untimely. We affirm. I ... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
RANDOLPH v. McDONOUGH
NOTE: This disposition is nonprecedential. Claimant-Appellant Robert E. Randolph appeals pro se from a June 16, 2022 United States Court of Appeals for Veterans Claims ("Veterans Court") decision, Randolph v. McDonough, No. 20-5809, 2022 WL 2167995 (Vet. App. June 16, 2022) ("Decision"), affirming a July 1, 2020 Board... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
TORREZ v. McDONOUGH
NOTE: This disposition is nonprecedential. Cynthia A. Torrez appeals an order from the Court of Appeals for Veterans Claims (Veterans Court) denying her petition for a writ of mandamus. We affirm-in-part and dismiss-in-part. BACKGROUND Ricardo Torrez served on active duty in the United States Air Force... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
DE PAULA ARIAS v. WARDEN
UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. Miguel De Paula Arias, a federal inmate, appeals the district court's order accepting the recommendation of the magistrate judge; granting summary judgment in favor of Respondent, the Warden of Federal Correctional Institution Williamsburg... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
TAGGART v. NEW CENTURY FI
NOT PRECEDENTIAL OPINION* Kenneth Taggart appeals pro se from the District Court's order granting summary judgment against him. For the following reasons, we will affirm the District Court's judgment. I. Taggart was the defendant in a debt-collection lawsuit that was... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality. Complete, Accurate, Current.
MELLICK v. DEPARTMENT OF | No. 2023-1733. | By... | 20240417123| Leagle.com
NOTE: This disposition is nonprecedential Tyler A. Mellick, a former employee of the U.S. Department of the Interior, appeals a decision from the Merit Systems Protection Board. The decision affirmed an administrative judge's ruling that dismissed Mr. Mellick's appeal of his termination for violating a Last Chance Agreement based... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
IN RE SPACE EXPLORATION T
ON PETITION FOR REHEARING EN BANC ORDER Treating the petition for rehearing en banc as a motion for reconsideration (5TH CTR. R. 35 I.O.P.), the motion for reconsideration is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality. Complete, Accurate, Current.
JEMISON & PARTNERS, INC. | No. 2023-1773. | 20240416147 | Leagle.com
NOTE: This disposition is nonprecedential Appellant Jemison & Partners, Inc. (Jemison) and the Army Corps of Engineers (Corps) entered into a contract for greenspace restoration in 2019. That restoration included placing topsoil along a portion of Jefferson Avenue's median in Orleans Parish, Louisiana. For the topsoil placement... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
REGIS v. McDONOUGH
NOTE: This disposition is nonprecedential Michael R. Regis appeals from a decision of the Court of Appeals for Veterans Claims ("Veterans Court") affirming the Board of Veterans' Appeals ("Board") decision to rate his service-connected bilateral-foot disability covered by diagnostic code 5276 at 30% for the effective period prior... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
VASQUEZ v. HOME DEPOT USA
Plaintiff-Appellant, Miguel Vasquez, appeals the district court's dismissal on summary judgment of his premises-liability and negligence claims. We find no error and AFFIRM. I. On July 30, 2020, Vasquez was injured when he tripped and fell in a Home Depot store. At the time, Vasquez was in the... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
UNITED STATES v. HAYNES
JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs of the parties. See D.C. Cir. R. 34(j). The panel has accorded the issues full consideration and has determined that they do not warrant a published opinion. See Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
UNITED STATES v. ROSA
This case concerns whether the district court erred in setting an assessment payment schedule as part of Emmanuel Rosa's conditions of supervised release and whether Rosa waived his right to appeal that aspect of his sentence. Rosa signed a plea agreement that contained an appeal waiver and then pled guilty to... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
KARVOUNIS v. GARLAND
Haralambos Panagiotis Karvounis, a native and citizen of Greece, petitions this court for review of a decision of the Board of Immigration Appeals ("BIA") denying his motion to reopen his immigration proceedings for the purpose of seeking cancellation of removal under 8 U.S.C. § 1229b(a). He presents three... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
PIPKINS v. STEWART
Plaintiffs Darryl Carter, Diane Johnson, and Theresa Hawthorne reported for jury duty in Caddo Parish, Louisiana, and were struck during voir dire. Plaintiffs claim their strikes violated the Fourteenth Amendment's Equal Protection Clause. The district court rejected that claim at summary judgment. We affirm. I. Carter... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
HAYNES v. OFFICE OF PERSO
NOTE: This disposition is nonprecedential. Nichelle Haynes appeals a decision of the Merit Systems Protection Board (Board) that affirmed a decision by the Office of Personnel Management (OPM) denying her application for disability retirement under the Federal Employees' Retirement System (FERS). For the reasons discussed below, we... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
BOYER v. UNITED STATES
SUA SPONTE REQUEST FOR REHEARING EN BANC ORDER This case was argued before a panel of three judges on November 9, 2023, and a precedential opinion issued on March 26, 2024. A sua sponte request for a poll on whether to consider this case en banc was made. A poll was conducted, and the poll failed. Accordingly,<... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
CORPUS v. DEPARTMENT OF V
NOTE: This disposition is nonprecedential. Mr. Gonzalo Corpus appeals a decision of the Merit Systems Protection Board ("Board") denying his request for corrective action under the Whistleblower Protection Act ("WPA") and the Whistleblower Protection Enhancement Act ("WPEA"). We affirm. I A Mr. Corpus was... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
JOLLEY v. UNITED STATES
JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columbia, the briefs of the parties, and oral argument held on January 10, 2024. The court has accorded the issues full consideration and has determined that they do not warrant a published opinion. Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
MIGDON v. 171 HOLDINGS, L
Plaintiff Kelly Migdon brings Equal Pay Act and Title VII claims against Defendants 171 Holdings (doing business as 171 Junction Roadhouse), Steve Anderson, and ADR Holdings, alleging pay discrimination based on sex. Because we agree with the district court's decision to deny Migdon's request for additional discovery... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
ROSARIO-FÁBREGAS v. DEPA | No. 2023-2170. | 20240409247 | Leagle.com
NOTE: This disposition is nonprecedential. In 2018, José Rosario-Fábregas was removed from his position as a Biologist (Project Manager) with the United States Army Corps of Engineers (Army or agency) based on charges of absence without leave (AWOL), excessive absence, and insubordination. Supplemental Appendix (SAppx)225... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
ARVIE v. WASHINGTON
NOT DESIGNATED FOR PUBLICATION In this appeal, Plaintiff/Appellant Hubert Arvie has filed a third motion to recuse a judge or judges of this court from this matter. For the reasons herein, we deny the motion. HISTORY Mr. Arvie has appealed from a May 25, 2023 trial court judgment granting a motion filed by Defendants... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
SOLOMON v. McDONOUGH
NOTE: This disposition is nonprecedential. Aaron J. Solomon, a veteran of the U.S. Air Force, proceeding pro se, appeals a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court"). Because we lack jurisdiction over Mr. Solomon's appeal, we dismiss. BACKGROUND Mr. Solomon served... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
UNITED STATES v. CLAY
[Unpublished] After Kermit Clay completed a five-year prison sentence for receiving and distributing child pornography, see 18 U.S.C. § 2252(a)(2), (b)(1), he began a five-year term of supervised release. As we detail below, Clay has struggled to abide by the conditions of his supervision for many years, leading to several... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
RYAN v. DEPARTMENT OF DEF
NOTE: This disposition is nonprecedential. James Thomas Ryan appeals from a final order of the Merit Systems Protection Board ("the Board") denying his petition for review and affirming the denial of his request for corrective action under the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8) ("WPA"). See Ryan v. Dep't of... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
TAYLOR v. McDONOUGH
Candace E. Taylor appeals the district court's summary dismissal of her claims of sexual harassment against her former employer in violation of Title VII of the Civil Rights Act of 1964. Taylor's claims arise from instances of sexual harassment occurring between March 2017 and October 2017. The district court concluded... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
DRAWHORN v. SECURITIES AN
NOTE: This disposition is nonprecedential. Cedric Drawhorn appeals from a decision of the Merit Systems Protection Board ("Board"), sustaining his removal as a Security Officer at the U.S. Securities and Exchange Commission ("SEC"). Because the decision was supported by substantial evidence, we affirm. BACKGROUND<... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
AMARO v. GARLAND
Maikel M. Valdes Amaro, a native and citizen of Cuba, petitions for review of a decision of an immigration judge (IJ) denying his request for equitable tolling and denying as untimely his motion to reopen his immigration proceedings. In his motion, he argued that his conviction under Texas Penal Code § 71... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily.
UNITED STATES v. CLAYTON
On December 16, 2021, a grand jury indicted Courtney D. Clayton on one count of possession with intent to distribute heroin, fentanyl, and cocaine, in violation of 21 U.S.C. § 841(a)(1). During pretrial proceedings, Clayton filed a motion to suppress evidence. After holding a hearing and considering the parties' post-argument briefs, the... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
UNITED STATES v. OLSON
For a decade Bradley Olson and Shirley Olson have not paid the federal taxes of their business, Affordable Sewer Service. They have deducted withholding taxes from their employees' wages and kept the money, not turning it over to the IRS as federal law requires. See 26 U.S.C. §§ 3102, 3402; Begier v. IRS, Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
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