12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a

Travis Conder and Shanda Britton were married on July 18, 2015, in Wamego, Kansas. They celebrated with their friends and family at the reception until about midnight. Attendees drank alcohol socially at the reception, as did Conder, Shanda, Tyrel Britton (Conder's brother-in-law), and Rose Britton (Conder's mother-in-law).

The family headed back to the home of Shanda's parents, where

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that encompass

Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the
* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.
Case: 16-17639 Date Filed: 05/09/2018 Page: 1 of 19
2
officers thereafter lawfully enter the home—without a warrant, an

On February 27, 2017, Sergeant Justin Dodd (“Sgt. Dodd”) of the Bedford
Police Department and Detective Chris Roberts (“Det. Roberts”) of the
Lawrence County Sheriff’s Department were investigating a tip regarding
possible drug dealing and prostitution near Frank Street in Mitchell, Indiana.
While patrolling the area in an unmarked vehicle, the two officers saw

Cecelia Roberts Webb and five other motorists have filed a putative class action against the City of Maplewood, Missouri, under 42 U.S.C. § 1983, claiming its policy or custom violates their constitutional rights. They assert the City automatically issues an arrest warrant whenever someone ticketed for violating its traffic and vehicle laws fails to pay a fine or appear in court. Once arrested, th

On January 20, 2012, Randall Johnson, as special administrator of the estate of Danielle
Toth, deceased, filed this action against multiple defendants, including WRMC, asserting
claims for wrongful death and medical negligence.1 WRMC answered the complaint, denied
the allegations of negligence, and pled that it was a charitable, nonprofit organization entitled
to immunity from

One evening in February of 2016, Mr. Martin and his girlfriend, Kathryn Lawson, went out for a night on the town that ended in an altercation in a McDonald's parking lot over who should drive to their next destination. According to Ms. Lawson, Mr. Martin punched her twice in the face after she refused to get into the vehicle. According to Mr. Martin, it was he who refused to get in the car, whic

David Rediger drove to the Rocky Mountain Youth Academy (the “Academy”)—
a nonprofit day treatment school that serves students who are not succeeding in public
school—to speak with Stacey Holland, the Academy’s owner and director. Holland and
her husband had accused Rediger of stealing hay from their property, and Rediger
intended to speak with Holland about the theft charges a

In October of 2015, a grand jury returned a three-count indictment charging former Virgin Islands Senator Wayne James with two counts of wire fraud under 18 U.S.C. § 1343,1 and one count of federal programs embezzlement under 18 U.S.C. § 666(a)(1)(A).2 These charges stemmed from

1 18 U.S.C. § 1343 provides in part:

“Whoever, hav

The following facts, which are drawn from the record of the suppression
hearing, are largely undisputed.
Alexander lived in a narrow house on Staten Island. The front of the house
faced the street, and a short set of stairs led directly from the sidewalk to the
front door. The property also included an 84-foot-long driveway that ran
perpendicular to the street and alongside the

Chief Judge Rothenberg correctly described the summary judgment
evidence.
On August 24, 2012, Eli Salgado purchased a Miami-Dade County Park Foundation membership for $149. This membership included a coupon book containing several promotional items, including two tickets to the zoo, a 50% discount coupon for golf, and a coupon for the use of a park shelter without payment of the requisite

On the evening of March 24, 2012, Noah Crooks was at home with his mother, Gretchen Crooks. Noah was thirteen years old and an eighth grader at Osage Middle School. He had no prior criminal record. The Crooks lived in rural Osage, in Mitchell County. Gretchen worked as a nurse at Mercy Hospital in Mason City and was studying to get her master’s degree at the University of Iowa. Noah’s father,

The State told the story of the drug sale gone wrong through several of the participants.
Because this appeal deals with accomplice, and possible accomplice witness testimony, where
necessary we indicate who testified to what at each juncture of the crime.
The Brokered Drug Deal
Haden Swagerty and his fiancé, Whitney O’Brien, were something akin to brokers in the
drug tr

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu

Daniel Jackson spent time in custody on a wrongful murder conviction. He sued Shawn Curry and Keith McDaniel, the police officers who interrogated him, for coercing his confession. The officers moved for dismissal on qualified immunity. The district court denied that motion, and the officers appeal. Lacking jurisdiction, we dismiss this appeal.
2 No. 17-1898
I. Background1
On the night

On April 16, 2013, at the intersection of the Evangeline Thruway and Mudd
Avenue in Lafayette, the plaintiff, Gerald Janise, was involved in an automobile
accident with William Gerard, an operations supervisor for Acadian Ambulance
Service, Inc. (hereafter referred to as “Acadian Ambulance”), who was driving a
company vehicle.1 Subsequently, Mr. Janise filed a petition for dam

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees

Jamarcus Sam sued Officer Shone Chase Richard, the City of Opelousas, and the City’s insurer under 42 U.S.C. § 1983 for excessive use of force and unjustified detention. Sam also brought related state law claims. The district court granted summary judgment on Sam’s federal claims and dismissed the state law claims. We affirm in part and vacate in part.
I.
The following facts are drawn from