Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary o

Henry Lyons worked as a part-time lecturer at the University of Missouri
Kansas City (“UMKC”) for seven semesters, teaching a self-developed Career and
Life Development course. He was not asked to return for the Spring 2012 semester.
In this 42 U.S.C. § 1983 action, Lyons alleges that defendants’ decision not to renew
his contract was retaliation for his criticism of UMKC’s prefere

Appellants are trustees of the Twin City Pipe Trades Welfare Fund, which
operates a self-insured, self-administered group health plan. In December 2014, the
Fund paid a $762,663.90 fee to the U.S. Department of Health and Human Services,
under the transitional reinsurance program in the Patient Protection and Affordable
Care Act (ACA). See 42 U.S.C. § 18061(b)(1)(A) (“health insura

At 5:33 in the evening on April 18, 2013,
a 14‐barge tow pushed by the M/V Dale A. Heller was sucked
into a powerful cross‐current and broke up. Some of the
barges crashed (or allided, as mariners would say) into the
Marseilles Dam; some sank; some were saved. The accident
happened during record‐breaking rains and high water, and
2 No. 16‐4264
a

Plaintiff Janice Dickinson went public with her accusations
of rape against William H. Cosby, Jr. Cosby, in turn, through his
attorney, Martin Singer, reacted with (1) a letter demanding
media outlets not repeat Dickinson�s allegedly false accusation,
under threat of litigation (�demand letter�); and (2) a press
release characterizing Dickinson�s rape accusation as a li

This lawsuit arises from the death of Jeremy W. Vann, who was shot and killed by police in a retail parking lot in Southaven, Mississippi during a small-scale drug sting operation. Because there are genuine issues of material fact that preclude the qualified-immunity determination as to one of the defendants, we AFFIRM in part, VACATE in part, and REMAND to the district court.
I.
The City

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 and North Carolina

Plaintiff-appellant Ryan Dufort appeals from a memorandum and order of the United States District Court for the Eastern District of New York (Steven M. Gold, M.J.)2 granting summary judgment to the defendants, the City of New York and New York City police officers Joseph Marotta, Jae Shim, Thomas Conforti, and William Schmittgall (collectively, “Defendants”), on Dufort's claims under 42 U.S.C

On October 17, 2012, police officers Joey Horsley, Nathalie Whitener, and
Joseph Mayfield, defendants-appellees in this case, executed a search warrant at a
private residence in Hiram, Georgia, intending to seize methamphetamines
suspected to be in the possession of Brenda Van Cleve. During the execution of
the warrant, a confrontation ensued. Each of the officers fired one shot, t

The Los Globos nightclub claims that Los Angeles
inspectors harmed its business by reducing the number of
patrons allowed at the club and did so without first
providing the club with a statutorily-required hearing. Los
Globos appeals from the trial court’s order sustaining the
defendants’ demurrer without leave to amend. Los Globos
admittedly failed to exhaust its administr

On July 4, 2014, Tyler Womack, the victim, walked from the home he shared with his grandmother, Vicky Lee Womack, to a home across the street to borrow an air compressor from his neighbor, Art Ingram. When the victim did not return promptly and failed to respond to several text messages from Ms. Womack, she walked over to the Ingram property to look for her grandson. She found the victim lying d

At issue is whether William and Carol Rumburg timely filed suit
under tolling and grace periods provided by RCW 4.96.020, the local government tort
claim filing statute. After serving a second notice of claim on local government
defendants and allowing 60 days for the defendants to respond, the Rumburgs relied on
the statutory 5-day grace period in filing suit. The respondents cont

Plaintiff, Mary Anna Whitehall, was a social worker for the San Bernardino
County Children and Family Services (CFS or the County) who sought legal advice
pertaining to any liability she might have for submitting misleading information and
doctored photographs to the juvenile court at the direction of her superiors. Her counsel
2
prepared a filing for the juvenile court to app

Police officer trainee Bret Cornell, while off-duty and in street clothes, went for a
run one morning in Golden Gate Park, stopping for a brief rest on a knoll called Hippie
Hill. Two uniformed patrol officers in the area spotted him, thought he looked
“worried,” and grew suspicious because the bushes on Hippie Hill are known for illicit
drug activity. As the patrolmen began to app

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u

This case arose out of a conflict between two Cleveland gangs, the Fleet
Avenue and Broadway Avenue gangs, that came to a head in the spring and summer of
2015. In April 2015, two members of the Fleet gang were shot at a local bar. On May
4, 2015, a shooting against Broadway members injured Antowine Palmer and killed Pedro
“Dro” Barnes (“Dro Barnes”). The May 4 shooting occ

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o

Proceeding pro se,1 Kent Vu Phan appeals the district court’s dismissal of his claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. §§ 12101–12213. We affirm.
2
Phan filed two lawsuits in state court and received unfavorable judgments in
both. He later brought suit in federal district court against the presiding judges and

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec

Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs Enforcement (“ICE”) agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up when state authorities were ready to release him. Mendia sued Garcia, Chang, and the Department of Homeland Security under Bivens1 and the Federal Torts Claims Act (“FTCA”),

Charles Smith, a registered sex offender,
was convicted of driving with a revoked license and
sentenced to one year’s imprisonment followed by one year’s
mandatory supervised release. To begin his supervised released—
often called parole—Smith needed the Illinois Department
of Corrections to approve a host site. On his release
date Smith submitted two host sites. At that ti

This case tests the bounds of the rule established in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995) (plurality opinion), which limits the ability of plaintiffs who have been convicted of criminal offenses to obtain legal malpractice
2
damages against their criminal-defense attorneys based on claims of poor performance of legal representation.
Orion Scott—who had been convicted of

In these proceedings, plaintiff Wayne Oliver filed a complaint in Maryland state court alleging asbestos exposure claims against, among other defendants, Campbell-McCormick, Inc. (“CMC”). In response, CMC filed a third-party complaint against several entities, including General Electric Company (“GE”). GE then removed the litigation to the District of Maryland, prompting Oliver to move to sever hi