Gerard Edmund Lynch

“Because no warrant issued here during the term of supervised release, under the plain terms of the governing statute the district court lacked power to revoke the supervised release term after its expiration ... The judgment of the district court revoking Janvier's supervised release is reversed. REVERSED.”

“Under these circumstances, Smith's appointment was improper from the outset, and he may not be required to continue serving as Barton's attorney. REVERSED AND REMANDED.”

“We hold only that defendants are not entitled to absolute prosecutorial immunity with respect to Simon's allegation that she was unlawfully detained for investigative interrogation. Accordingly, the judgment is VACATED and REMANDED for further proceedings consistent with this opinion.”

“Because the Generating Tax is a tax within the meaning of the TIA, and Vermont provides an adequate state court forum for Entergy's challenges to the validity of that tax, the TIA deprives the federal courts of jurisdiction to consider those challenges. The judgment of the district court dismissing Entergy's complaint for lack of jurisdiction is accordingly Affirmed.”

“Because we conclude that Crane's proffered evidence sufficed to assert a colorable federal defense at the removal stage, we reverse.”

“Because the whistleblower antiretaliation provision of the Dodd-Frank Act, 15 U.S.C. 78u-6(h), does not apply extraterritorially, and Liu has failed to plead facts constituting a domestic application of the antiretaliation provision, the district court correctly granted Siemens's motion to dismiss. The judgment of the district court is therefore AFFIRMED.”

“Accordingly, we DENY the motion for a preliminary injunction at this time ... and REMAND the matter for further proceedings in the district court consistent with this opinion and our prior opinion in this case.”

“For the reasons stated above, we VACATE the judgment dismissing the case for lack of subject-matter jurisdiction and AFFIRM the denial of class certification. The case is REMANDED for further proceedings consistent with this opinion.”

“For the foregoing reasons, we conclude that all of Gabinskaya's arguments are without merit, and we therefore AFFIRM the judgment of the district court.”

“Swain's challenge to the district court's subject matter jurisdiction therefore fails, because under Distajo complete diversity is measured by reference to the parties to the petition to compel arbitration. ... Accordingly, the district court had subject matter jurisdiction over the petition to compel arbitration ... we AFFIRM the judgment of the district court.”

“Because the Lugo factors weigh heavily in Obeya's favor, we hold that the BIA erred when it retroactively applied the Diaz-Lizarraga standard to his removal proceedings. ... We therefore GRANT Obeya's petition for review and REVERSE the order of the BIA. The matter is REMANDED to the BIA for further proceedings not inconsistent with this opinion.”

“Because we find both arguments unavailing, we AFFIRM the judgment of the district court.”