US Federal

Court Rules on Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court remanded the case, finding the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

Care One LLC v. NLRB - Second Circuit Opinion on Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed and shielded from removal. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

NLRB v. Universal Smart Contracts, LLC - Enforcement of Subpoenas

The Second Circuit affirmed in part and dismissed in part a district court order enforcing National Labor Relations Board (NLRB) administrative subpoenas against Universal Smart Contracts, LLC, and related parties. The court found jurisdiction and venue proper but lacked jurisdiction to review the award of attorneys' fees due to a late appeal.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.

OFAC Designates Rwanda Defence Force and Officials; Issues General License

The US Treasury's OFAC has designated the Rwanda Defence Force and four Rwandan officials under its Specially Designated Nationals (SDN) List for actions related to the Democratic Republic of the Congo. OFAC also issued DRC-related General License 1 to authorize the wind-down of transactions involving the Rwanda Defence Force.

Com. v. Metzgar - Criminal Sentencing Appeal

The Pennsylvania Superior Court affirmed the judgment of sentence for Ralph Metzgar, who appealed the discretionary aspects of his sentence for rape by forcible compulsion. The court also granted counsel's petition to withdraw. The appeal concerns a non-precedential decision.

Com. v. Ishler - Criminal Appeal

The Pennsylvania Superior Court issued a non-precedential opinion affirming the dismissal of George Gene Ishler Jr.'s second PCRA petition. The court found that Ishler's claims did not meet the exceptions to the PCRA's one-year time bar.

Polito J v Polito W - Custody Dispute Appeal

The Superior Court of Pennsylvania issued a non-precedential decision in the case of Polito J v Polito W. The court found partial merit in the appellant's argument regarding the trial court's failure to rule on a contempt petition, leading to the appeal being quashed as interlocutory.

Johns Manville Corp. v. Liberty Mutual Fire Insurance Co. - Insurance Indemnity Dispute

The District Court of Colorado issued an order in the insurance indemnity dispute between Johns Manville Corporation and several insurance companies. The court granted the defendants' motion to exclude a threshold motion on the duty to indemnify from the court's "one summary judgment" rule and granted their request to bifurcate and stay proceedings.

Court Opinion Denies Father's Custody Petition Based on Home State

The Tennessee Court of Appeals vacated a juvenile court's order denying a father's custody petition. The court found that the juvenile court's order denying review failed to comply with state statute regarding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The case is remanded for further proceedings.