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First Circuit· 7/11/2018

Sindi v. El-Moslimany

Citations

  • 896 F.3d 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the defendant bears the burden of providing evidence of 17 predominance-defeating consent to a TCPA claim
  • finding that an agency’s refusal to grant a request for 19 records in its control is a “withholding,” even if the agency knows the records 20 are otherwise available to or in the possession of the requester.
  • holding doctrine of consular nonreviewability is “precisely the 14 kind of limitation on judicial review . . . that forms an exception to the APA’s cause of 15 action and review provisions” (internal quotation, citation, and alteration omitted).
  • vacating injunction because use of same words held to be defamatory in one context could constitute protected speech in other, future contexts
  • allowing appeal where administrative action “ha[d] no bearing on its ultimate resolution of the merits.”
  • observing the challenges with “[a]n injunction that prevents in perpetuity the utterance of particular words and phrases after a defamation trial” because “[b]y its very nature, defamation is an inherently contextual tort”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barron, Selya, Stahl

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

142 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.