Diarmuid F. O'Scannlain

“Lopez appealed an order that was not a final decision of the district court. Accordingly, we dismiss her appeal for lack of jurisdiction. DISMISSED.”

“For the foregoing reasons, Russell's claims under Title II of the Family and Medical Leave Act are barred by sovereign immunity and preempted by the Civil Service Reform Act. AFFIRMED.”

“we vacate the district court's order dismissing this case and remand in light of changed circumstances. VACATED and REMANDED. Each party shall bear its own costs.”

“Since we deny the motion to dismiss and remand for an evidentiary hearing, we do not reach the merits of the appeal at this time.”

“Based on our decision in Bravo, the brevity of actual time Zaragoza spent in handcuffs, and the words of reassurance from Inspector Omgsioco, we hold that Zaragoza was not under arrest or unreasonably detained for Fourth Amendment purposes.”

“The petitioners' due process challenge is therefore procedural in nature, and because it was never presented below, we lack subject-matter jurisdiction to address it now.”

“By failing to file an appropriate motion within the relevant time limit, to say nothing of failing to appeal from the underlying judgment, the Port waived any claim to attorneys' fees arising out of the original litigation, and therefore cannot recover them in this new action.”

“Because we conclude that further factual development is needed to determine whether California's failure to pay interest to individual inmates on their ITA funds violates the Takings Clause, the district court's grant of summary judgment and denial of injunctive relief is VACATED and REMANDED for further proceedings consistent with this opinion.”

“The Weinstein firm received adequate notice of the financing agreement and its substantive objections to the agreement are moot. AFFIRMED.”

“In summary, we vacate Lence's sentence and remand to the district court for resentencing by the original sentencing judge. At such fourth sentencing hearing, the government is not estopped from seeking application of the more-than-minimal-planning and abuse-of-trust enhancements. SENTENCE VACATED and REMANDED FOR RESENTENCING.”

“For the foregoing reasons, the district court's dismissal is AFFIRMED.”

“For now, we are confident that there was no abuse of discretion in the district court's denial of a preliminary injunction against the Service's implementation of the MEF Project. AFFIRMED.”