Appellate
79 articles in this practice area
Fifth Circuit Nixes En Banc Review of Acquitted Conduct Sentencing 'Troubled' by Practice
A Fifth Circuit panel on Thursday denied rehearing a case challenging the use of acquitted conduct in sentencing, despite calling the practice "deeply troubling" and raising "se...
Fourth Circuit Rejects Felon's Second Amendment Challenge, Affirms 'Large Capacity' Sentencing
A Fourth Circuit panel on Thursday rejected a convicted felon's constitutional challenge to federal gun possession laws and upheld enhanced sentencing for weapons with large-cap...
Third Circuit Slams Attorney for AI Blunder, Issues 'Reprimand' After Fake Citations
A Third Circuit panel on Friday reprimanded a Pennsylvania attorney who submitted briefs containing AI-generated case summaries riddled with inaccuracies and at least one comple...
Second Circuit Reverses $16B Argentine Oil Judgment, Nixes 'Contract' Claims
The Second Circuit on Thursday reversed a federal judge's $16.1 billion judgment against Argentina for failing to conduct a tender offer during its 2012 oil company nationalizat...
First Circuit Slashes $3.5M Loss-Of-Consortium Award Over FTCA 'Exhaustion' Rules
The First Circuit on Friday vacated a $3.5 million loss-of-consortium damages award for a brain tumor patient's family, ruling that her husband and children failed to exhaust ad...
First Circuit Nixes Seafood Importer's 'Tortious Interference' Claim
A federal appeals court Friday affirmed dismissal of a seafood importer's tortious interference claim against a competitor, saying the company failed to allege that its rival "k...
Sixth Circuit Beats 'Evident Partiality' Challenge, Affirms Nursing Home Arbitration Win
A Sixth Circuit panel on Thursday upheld a Kentucky federal judge's decision to compel arbitration and confirm an award favoring nursing home operators, rejecting an estate's cl...
Third Circuit Upholds TrueAllele DNA Software as 'Reliable Enough' Under Daubert
A Third Circuit panel unanimously affirmed Tuesday that probabilistic DNA software TrueAllele, which calculated an 11.5 trillion likelihood ratio linking a defendant to a firear...
Second Circuit Axes FSA Credits For 'Wasted' Supervised Release Reduction
A Second Circuit panel Thursday vacated a Connecticut federal judge's ruling that allowed a prisoner to apply his First Step Act time credits to reduce his supervised release te...
11th Circuit Reverses Summary Judgment, Finds Cops' 'Flextime' Loss 'Chills' Speech
The Eleventh Circuit on Tuesday reversed a lower court's grant of summary judgment to two Atlanta police officials on a First Amendment retaliation claim, finding that stripping...
Circuit Affirms DePape Sentence After Judge Nixes 'Clear Error' Challenge
A Ninth Circuit panel Tuesday affirmed David Wayne DePape's sentence after rejecting his challenge to the district court's authority to resentence him under Federal Rule of Crim...
Ninth Circuit Nixes District Court's 'Too Broad' Arctic Seal Habitat Ruling
The Ninth Circuit on Tuesday reversed a federal judge's decision that National Marine Fisheries Service's critical habitat designations for two Arctic seal species were too broa...
Ninth Circuit Denies Education Department 'Unacceptable' Delay for Student Loan Cases
A Ninth Circuit panel on Wednesday rejected the Education Department's emergency bid for more time to process borrower defense applications, saying the agency failed to show "ex...
Fifth Circuit Nixes Barton's 'Frivolous' Receivership Sales Challenge
A Fifth Circuit panel Tuesday upheld a district court's approval of a $6 million property sale from an SEC receivership, warning defendant Timothy Barton that further appeals fr...
2nd Circuit Affirms Drug Dealer's 15-Year Sentence But Nixes 'Standard' Supervision Terms
The Second Circuit on Tuesday mostly affirmed a 15-year prison sentence for a Brooklyn crack cocaine dealer who challenged his conviction on multiple grounds, but ruled the tria...
Supreme Court Nixes 'Tolling' Rule For Absconding From Supervised Release
The Supreme Court on Tuesday unanimously reversed a Ninth Circuit rule that would automatically extend supervised release terms when defendants abscond, ruling that the Sentenci...
Tenth Circuit Nixes Tri-State Challenge to FERC's 'Balance-Sheet' Exit Fee Formula
The Tenth Circuit on Monday affirmed federal energy regulators' adoption of a balance-sheet approach for calculating exit fees when electric cooperatives leave Tri-State Generat...
Fifth Circuit Nixes Torture Protection For 'Gang Member' Despite 'Harsh Prison Conditions'
A Fifth Circuit appeals court panel Tuesday denied relief to a former Salvadoran gang member seeking protection from removal, ruling that harsh prison conditions in El Salvador...
Fourth Circuit Nixes Servicemembers' Claims Against Maryland Officials Over 'Relief Act' Violations
A Fourth Circuit panel on Tuesday vacated and remanded a decision that had allowed active-duty servicemembers to pursue damages claims against Maryland Supreme Court justices, r...