2011 D.C. Circuit U.S. Court of Appeals Case Law

Farmers and Merchants Mutual Telephone Co. v. FCC, et al.
Date: December 30, 2011
Docket Number: 10-1093

Justia Opinion Summary: In three challenged orders, the Commission addressed a "traffic pumping" scheme in which the holder of the filed tariff entered into contractual arrangements with conference calling companies and charged the interexchang...

United States v. Danso
Date: December 27, 2011
Docket Number: 10-3094

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute 100 grams or more of a mixture and substance containing heroin. At issue was whether defendant could qualify under 18 U.S.C. 3553...

United States v. Locke
Date: December 27, 2011
Docket Number: 10-3097

Justia Opinion Summary: Defendant appealed her sentence of 60 months' imprisonment resulting from her convictions of possession of stolen mail and aggravated identity theft. On appeal, defendant contended that the district court failed to consi...

PSEG Energy Resources & Trade, et al. v. FERC
Date: December 23, 2011
Docket Number: 10-1103

Justia Opinion Summary: PSEG challenged orders of the FERC accepting the results of an auction for electric generation capacity conducted by ISO New England. In those orders, FERC approved ISO New England's determination that PSEG's resources i...

Wayneview Care Center, et al. v. NLRB
Date: December 23, 2011
Docket Number: 10-1398

Justia Opinion Summary: Petitioners petitioned for review of a decision and order of the Board, and the Board cross-applied for enforcement. The Board found, among other things, that petitioners violated the National Labor Relations Act, 29 U.S...

Council For Urological Interests v. Sebelius, et al.
Date: December 23, 2011
Docket Number: 11-5030

Justia Opinion Summary: An association of doctor-owned equipment providers challenged regulations issued by the Secretary that effectively prevented its members from obtaining Medicare reimbursement for their services. The district court dismis...

State of New Jersey, et al. v. EPA
Date: December 20, 2011
Docket Number: 05-1097

Justia Opinion Summary: This case involved a motion for fees and costs under section 307(f) of the Clean Air Act, 42 U.S.C. 7607(f), which authorized courts to award costs of litigation whenever they determined that such award was appropriate....

United States v. Franklin
Date: December 20, 2011
Docket Number: 10-3001

Justia Opinion Summary: Defendant was convicted of serious drug offenses and sentenced to life imprisonment. On appeal, defendant contended that he received ineffective assistance of counsel when he declined the prosecution's plea deal proposal...

Auburn Regional Medical Center, et al v. Kathleen Sebeliu
Date: December 20, 2011
Docket Number: 10-5115

Moore, III v. CIA
Date: December 20, 2011
Docket Number: 10-5248

Justia Opinion Summary: This case arose under the Freedom of Information Act (FOIA), 5 U.S.C. 552, where appellant challenged the CIA's Glomar response to his request for "all information or records relevant to... Sveinn B. Valfells." The court...

Dixon, et al. v. District of Columbia
Date: December 20, 2011
Docket Number: 10-7178

Justia Opinion Summary: Appellants were arrested for speeding in excess of 30 mph above the posted speed limit and subsequently filed a class action on behalf of all individuals who have been arrested and subjected to criminal penalties for suc...

Deming Hospital Corp. v. NLRB
Date: December 20, 2011
Docket Number: 11-1064

Justia Opinion Summary: This case arose when the Board found petitioner had acted unlawfully by unilaterally reducing the hours of its full-time respiratory department employees. The Board ordered petitioner to rescind the hours reduction, barg...

Gundersen Lutheran Med. Center v. Sebelius
Date: December 20, 2011
Docket Number: 11-5077

Justia Opinion Summary: Appellant, which sought review under the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq., claimed that the Secretary's delegee failed to disapprove appellant's reimbursement request within 60 working days, as r...

Natl Assoc. of Home Builders v. US Army Corps of Engineers, et al.
Date: December 16, 2011
Docket Number: 10-5169

Justia Opinion Summary: The Corps issued a generic nationwide permit (NWP 46), pursuant to its authority under the Clean Water Act (CWA), 33 U.S.C. 1344(e), allowing persons to secure approval for qualifying discharges into "waters of the Unite...

Air Transport Assoc. of America v. Nat'l Mediation Bd.
Date: December 16, 2011
Docket Number: 10-5253

Justia Opinion Summary: This case involved the Railway Labor Act, 45 U.S.C. 152, which provided that "the majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class." For...

Altman v. SEC
Date: December 16, 2011
Docket Number: 11-1067

Justia Opinion Summary: This case was before the court on a petition to review the opinion and order of the Commission permanently denying petitioner, an attorney admitted to practice in New York state, the privilege of appearing or practicing...

AL Municipal Elec. Authority v. FERC
Date: December 13, 2011
Docket Number: 10-1141

Justia Opinion Summary: AMEA purchases power wholesale from various sources, including Southern, and sells it to 11 municipally owned utilities in Alabama. AMEA uses "unbundled" transmission service provided by one of Southern's subsidiaries. W...

Federal Trade Comm'n v. Church & Dwight Co., Inc.
Date: December 13, 2011
Docket Number: 10-5383

Justia Opinion Summary: Church & Dwight, the leading manufacturer of condoms in the United States, appealed an order of the district court enforcing a subpoena and an accompanying civil investigation demand (CID), issued by the FTC insofar as t...

Baird v. Gotbaum
Date: December 13, 2011
Docket Number: 10-5421

Justia Opinion Summary: Appellant, an African-American female attorney in the Office of the Chief Counsel of the PBGC, filed suit in district court against the PBGC, claiming employment discrimination and retaliation in violation of Title VII o...

United States v. Nwoye
Date: December 9, 2011
Docket Number: 08-3051

Justia Opinion Summary: Defendant was convicted of conspiring with a male accomplice to extort money from an ex-lover, a doctor, by threatening to expose their brief extramarital affair to his wife and the medical licensing board. Defendant app...

In Re: Sealed Case
Date: December 9, 2011
Docket Number: 09-3116

Justia Opinion Summary: Appellant and a co-defendant were extradited from Panama following their indictment on one count of conspiracy to distribute five kilograms or more of cocaine, intending or knowing that it would be imported into the Unit...

Singh v. GW Univ. School of Medicine, et al.
Date: December 9, 2011
Docket Number: 09-7032

Justia Opinion Summary: Plaintiff sued defendant, alleging that defendant had unlawfully discriminated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. Plaintiff, a medical student who was diagnosed...

Fortuna Enterprises, L.P. v. NLRB
Date: December 9, 2011
Docket Number: 10-1272

Justia Opinion Summary: Petitioner, which operated the Los Angeles Airport Hilton Hotel and Towers, petitioned for review of the NLRB's order finding petitioner in violation of section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S...

Arc Bridges, Inc. v. NLRB
Date: December 9, 2011
Docket Number: 10-1330

Justia Opinion Summary: Arc Bridges petitioned for review of a NLRB order finding it in violation of section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1)&(3). At issue was whether Arc Bridges established annual wage...

Portland Cement Assoc. v. EPA
Date: December 9, 2011
Docket Number: 10-1358

Justia Opinion Summary: This case stemmed from the EPA's enactment of twin rules in 2010, pursuant to the Clean Air Act (CAA), setting emissions standards for portland cement facilities - one under a section called National Emission Standards f...

USA v. Abdul Khanu
Date: December 9, 2011
Docket Number: 10-3039

USA v. Abdul Khanu
Date: December 9, 2011
Docket Number: 10-3039

United States v. Guerrero
Date: December 9, 2011
Docket Number: 10-3043

Justia Opinion Summary: Defendant sought reversal of his conviction by a jury for unlawful possession with intent to distribute cocaine and aiding and abetting, claiming trial evidentiary errors. Because defendant elicited testimony concerning...

Williams & Connolly v. SEC
Date: December 9, 2011
Docket Number: 10-5330

Justia Opinion Summary: This case stemmed from the United States' prosecution of Walter A. Forbes for securities fraud. Appellant, Forbes' defense counsel, sent out Freedom of Information Act (FOIA), 5 U.S.C. 552, requests to the SEC, seeking,...

Natl' Assoc. of Home Builders, et al. v. EPA, et al.
Date: December 9, 2011
Docket Number: 10-5341

Justia Opinion Summary: Appellants appealed the dismissal of their lawsuit challenging the determination by the United States Army Corps of Engineers and the EPA (collectively, Agencies) that two reaches of the Santa Cruz River in southern Ariz...

In re: Contempt Finding in US
Date: December 9, 2011
Docket Number: 10-5372

American Airlines, Inc. v. TSA, et al.
Date: December 6, 2011
Docket Number: 10-1418

Justia Opinion Summary: American Airlines (American) petitioned for review of the TSA's denial of a request for reimbursement of American's expenditures on an "in-line" baggage-screening system in its new terminal at JFK International Airport....

Petties, et al. v. District of Columbia, et al.
Date: December 2, 2011
Docket Number: 10-7149

Justia Opinion Summary: The District of Columbia appealed the denial of its motion to vacate a preliminary injunction pursuant to Rule 60(b)(5) of the Federal Rules of Civil Procedure. The injunction was issued in 1995 in response to a class ac...

Ibrahim v. United States, et al.
Date: November 29, 2011
Docket Number: 09-5052

Justia Opinion Summary: Defendant filed a petition for habeas corpus in the district court of the District of Columbia and the district court dismissed the petition for want of jurisdiction, reasoning that defendant was required to pursue his c...

Sierra Club, et al. v. Antwerp, et al.
Date: November 29, 2011
Docket Number: 10-5284

Justia Opinion Summary: Plaintiffs, three environmental groups, brought suit in district court to challenge issuance of a permit authorizing the discharge of dredge and fill material into specified wetlands outside Tampa, Florida. Plaintiffs in...

Manor Care of Easton, PA., LLC v. NLRB
Date: November 22, 2011
Docket Number: 10-1411

Justia Opinion Summary: Petitioner petitioned for review of an order of the NLRB, holding that petitioner violated section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (3), when it threatened and disciplined a ce...

Vermont Public Service Board, et al. v. FCC, et al.
Date: November 18, 2011
Docket Number: 10-1184

Justia Opinion Summary: This case involved the FCC's Universal Service Program, which provided subsidies to ensure that low-income consumers, schools, health care providers, and libraries have access to advanced telecommunications services and...

Environmentel, LLC v. FCC
Date: November 18, 2011
Docket Number: 10-1344

Justia Opinion Summary: Petitioner appealed a licensing order of the FCC affirming a decision of the Wireless Bureau denying reconsideration of licensing actions taken by the Wireless Bureau's Mobility Division. The Mobility Division granted Th...

Theodore Roosevelt Conservation P'ship v. Salazar
Date: November 18, 2011
Docket Number: 10-5386

Justia Opinion Summary: TRCP filed for declaratory and injunctive relief in the district court, arguing that the Bureau of Land Management's 2008 Record of Decision regarding the Pinedale Anticline Project Area (PAPA) violated the Federal Land...

United States v. Lawrence
Date: November 15, 2011
Docket Number: 09-3110

Justia Opinion Summary: Upon remand to the court after affirming one of his convictions, the district court granted a variance from the U.S. Sentencing Guidelines range for career offenders and re-sentenced defendant for unlawfully distributing...

Cooper v. NTSB, et al.
Date: November 15, 2011
Docket Number: 10-1326

Justia Opinion Summary: Petitioner sought review of the NTSB's order affirming emergency revocation of his airman and medical certificates, which was based on the conclusion that he made an intentionally false statement on his medical certifica...

Mahmoad Abdah, et al v. Barack Obama, et al
Date: November 9, 2011
Docket Number: 10-5319

Latif, et al. v. Obama, et al.
Date: November 9, 2011
Docket Number: 10-5319

Justia Opinion Summary: The United States appealed the district court's grant of the writ of habeas corpus to the detainee. Three errors in the district court's analysis required the court to vacate that decision. First, the court failed to acc...

Youkelsone v. FDIC
Date: November 8, 2011
Docket Number: 10-5197

Justia Opinion Summary: This case stemmed from the mortgage plaintiff carried on her New York house. In 2001, WaMu acquired the note and mortgage and then assigned it to Fannie Mae. Thereafter, plaintiff's home went into foreclosure, WaMu faile...

Seven-Sky v. Holder, Jr.
Date: November 8, 2011
Docket Number: 11-5047

Justia Opinion Summary: This suit involved a challenge to the "minimum essential coverage provision," which required all "applicable individual[s]" to purchase and maintain "minimum essential coverage" for each month beginning in January 2014 u...

Wolf Run Mining Co. v. MSHR
Date: November 4, 2011
Docket Number: 10-1392

Justia Opinion Summary: Petitioner sought review of a decision of the Federal Mine Safety and Health Review Commission, an agency within the United States Department of Labor. The issue on appeal was whether a Mine Safety and Health Administrat...

United States v. David
Date: November 4, 2011
Docket Number: 10-3024

Justia Opinion Summary: In this case, defendant invoked the Sentencing Commission's reductions in the offense level for certain crack cocaine offenses. The district court denied defendant's motion, noting on the record a host of facts about def...

Batiste v. SLM Corp.
Date: November 4, 2011
Docket Number: 10-7140

Justia Opinion Summary: Relator, on behalf of the United States, appealed the district court's dismissal of his qui tam complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The district court held th...

NRDC, et al. v. EPA
Date: October 28, 2011
Docket Number: 10-1105

Justia Opinion Summary: Three environmental organizations petitioned for review of the EPA's promulgation of a final rule where the "conformity determinations" referred to in the rule's title were approvals needed under the Clean Air Act (CAA),...

Town of Barnstable, MA v. Federal Aviation Admin.
Date: October 28, 2011
Docket Number: 10-1276

Justia Opinion Summary: Petitioners challenged the FAA's issuance of 130 Determinations of No Hazard for each of the proposed wind turbines in the area of Nantucket Sound. Petitioners argued that the FAA violated its governing statute, misread...

Securities and Exchange Comm'n v. Whittemore, et al.
Date: October 28, 2011
Docket Number: 10-5321

Justia Opinion Summary: As part of a civil enforcement action brought by the SEC, the district court entered a disgorgement order against Peter S. Cahill, imposing joint and several liability for the full proceeds of his sales of stock in a sma...

ASPCA, et al. v. Feld Entertainment, Inc.
Date: October 28, 2011
Docket Number: 10-7007

Justia Opinion Summary: Feld Entertainment, Inc. owned the country's largest collection of endangered Asian elephants, some of whom travel and perform with its famed Ringling Brothers and Barnum & Bailey Circus. In this case, a former barn help...

Mahmoad Abdah, et al v. Barack Obama, et al
Date: October 14, 2011
Docket Number: 10-5319

USA v. Bryan Burwell
Date: October 12, 2011
Docket Number: 06-3070

United States v. Khanu
Date: October 7, 2011
Docket Number: 10-3039

Justia Opinion Summary: Appellant appealed his conviction and sentence on two counts of attempted tax evasion. Appellant argued that the government failed to prove the element of tax loss because it relied upon a flawed calculation under the "c...

Heller, et al. v. District of Columbia, et al.
Date: October 4, 2011
Docket Number: 10-7036

Justia Opinion Summary: This case stemmed from the District's adoption of the Firearms Registration Amendment Act of 2008 (FRA), D.C. Law 17-372, which amended the Firearms Control Regulations Act of 1975, D.C. Law 1-85. Plaintiffs challenged,...

SEC v. Charles Johnson, Jr., et al
Date: September 22, 2011
Docket Number: 09-5399

Securities and Exchange Comm'n v. Johnson, Jr., et al.
Date: September 22, 2011
Docket Number: 09-5399

Justia Opinion Summary: In this civil enforcement action, a jury found that appellant aided and abetted a securities fraud by his former employer, in violation of 15 U.S.C. 78t(e). The district court fined appellant and barred him from serving...

UTAM, Ltd., et al v. Commissioner, IRS
Date: September 15, 2011
Docket Number: 10-1262

UTAM, Ltd., et al v. Commissioner, IRS
Date: September 15, 2011
Docket Number: 10-1262

Wilfred Rattigan v. Eric Holder, Jr.
Date: September 13, 2011
Docket Number: 10-5014

Wilfred Rattigan v. Eric Holder, Jr.
Date: September 13, 2011
Docket Number: 10-5014

Northeast Hospital Corp. v. Sebelius
Date: September 13, 2011
Docket Number: 10-5163

Justia Opinion Summary: In a 2008 administrative appeal, the Secretary of Health and Human Services ruled that a Medicare beneficiary enrolled in Medicare Part C still qualified as a person "entitled to benefits" under Medicare Part A. As a res...

American Civil Liberties Union, et al. v. Dept. of Justice
Date: September 6, 2011
Docket Number: 10-5159

Justia Opinion Summary: Plaintiffs brought this action against the Department of Justice under the Freedom of Information Act, 5 U.S.C. 552, seeking to obtain documents relating to the government's use of cell phone location data in criminal pr...

Khan v. Obama, et al.
Date: September 6, 2011
Docket Number: 10-5306

Justia Opinion Summary: Appellant, a detainee at the United States naval base at Guantanamo Bay, Cuba, appealed the denial of his petition for a writ of habeas corpus. At issue was whether the district court erred in concluding that intelligenc...

David Bowie v. Charles Maddox
Date: August 31, 2011
Docket Number: 08-5111

Bowie v. Maddox
Date: August 31, 2011
Docket Number: 08-5111

Justia Opinion Summary: Appellant, a former official of the District of Columbia Office of the Inspector General (OIG), claimed that he was fired in retaliation for exercising his First Amendment rights by refusing to sign an affidavit his empl...

Christol English v. DC, et al
Date: August 26, 2011
Docket Number: 09-7150

English v. District of Columbia, et al.
Date: August 26, 2011
Docket Number: 09-7150

Justia Opinion Summary: Appellant, as personal representative of her brother's estate, sued to recover damages for the shooting death of her brother by a Metropolitan Police Department (MPD) detective and contended on appeal that she did not re...

United States v. Laurey
Date: August 19, 2011
Docket Number: 10-3047

Justia Opinion Summary: Defendant appealed his conviction for attempted enticement of a minor and for traveling across state lines with intent to engage in illicit sexual conduct. At issue was whether the evidence was sufficient to support his...

Forsyth Memorial Hospital, Inc, et al v. Kathleen Sebelius
Date: August 16, 2011
Docket Number: 09-5448

Anderson v. Holder, Jr., et al.
Date: August 16, 2011
Docket Number: 10-5097

Justia Opinion Summary: In 1988, defendant was convicted of assault with intent to commit rape while armed; assaulting, resisting or interfering with a police officer with a dangerous weapon; and two counts of first-degree burglary while armed....

In re: David Kissi
Date: August 12, 2011
Docket Number: 09-5277

Justia Opinion Summary: Petitioner was incarcerated when he petitioned the court for writs of mandamus to prevent the district court from transferring two of his civil cases to the United States District Court for the District of Maryland. The...

In re: David Kissi
Date: August 12, 2011
Docket Number: 09-7067

US Dept. of Homeland Security, et al. v. Federal Labor Relations Authority
Date: August 12, 2011
Docket Number: 10-1282

Justia Opinion Summary: This case arose when the U.S. Customs and Border Protection (CBP), division of the Department of Homeland Security, changed local work assignments for its inspectors without first negotiating with their union. CBP petiti...

In re: Antoine Jones
Date: August 12, 2011
Docket Number: 10-5234

Justia Opinion Summary: Petitioner petitioned the court on July 14, 2010, for a writ of mandamus to compel the district court to grant him in forma pauperis status and permit him to file his civil rights damages suit pursuant to 42 U.S.C. 1983....

Estate Of Mark Parsons, et al. v. Palestinian Authority, et al.
Date: August 12, 2011
Docket Number: 10-7085

Justia Opinion Summary: While providing security for a U.S. State Department convoy in the Gaza Strip, Mark Parsons was killed by a roadside bomb. Parsons's estate and his family sued the Palestinian Authority under the Antiterrorism Act of 199...

Jones v. Astrue
Date: August 5, 2011
Docket Number: 09-5414

Justia Opinion Summary: Appellant challenged a judgment of the district court affirming the Social Security Administration's (SSA) denial of his application for disability benefits. Appellant contended that the ALJ did not properly apply the "t...

Katz v. Securities and Exchange Commission
Date: August 5, 2011
Docket Number: 10-1068

Justia Opinion Summary: This case concerned petitioner's handling of accounts belonging to seven Wachovia Securities, Inc. (Wachovia) customers. Petitioner, a registered representative associated with Wachovia, a member of the New York Stock Ex...

Spectrum Health-Kent Community Campus v. Nat'l Labor Relations Board
Date: August 5, 2011
Docket Number: 10-1260

Justia Opinion Summary: Spectrum Health -- Kent Community Campus (Spectrum) withdrew recognition from its employees' union after receiving a petition indicating that the union no longer had majority support. The NLRB found this action unlawful...

Bally's Park Place, Inc. v. Nat'l Labor Relations Board
Date: August 5, 2011
Docket Number: 10-1309

Justia Opinion Summary: Bally's Park Place, Inc. (Bally's) petitioned for review of a decision and order of the NLRB which found that Bally's committed unfair labor practices in violation of sections 8(a)(1) and (3) of the National Labor Relati...

Judicial Watch, Inc. v. Fed. Housing Finance Authority
Date: August 5, 2011
Docket Number: 10-5349

Justia Opinion Summary: Judicial Watch filed a request under the Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(4)(B), asking the Federal Housing Finance Agency (FHFA) to disclose records of Fannie Mae and Freddie Mac that showed how much m...

Kiewit Power Constructors Co. v. Nat'l Labor Relations Board
Date: August 3, 2011
Docket Number: 10-1289

Justia Opinion Summary: When the Kiewit Power Constructors Company warned its electricians that their morning and afternoon breaks were too long, two of them responded that things would "get ugly" if they were disciplined, and one said that the...

Defenders of Wildlife, et al. v. Salazar, et al.
Date: August 3, 2011
Docket Number: 10-5144

Justia Opinion Summary: Appellants challenged a plan to manage the elk and bison populations in the National Elk Refuge and Grand Teton National Park pursuant to the National Wildlife Refuge Improvement Act (Improvement Act), 15 U.S.C. 668dd-66...

United States v. Nwokoro
Date: August 3, 2011
Docket Number: 11-3046

Justia Opinion Summary: Appellant appealed the decision of the district court to detain him prior to trial where appellant was considered a flight risk. At issue was whether the recorded findings, even if not in the form required by the Bail Re...

United States v. Moore
Date: July 29, 2011
Docket Number: 05-3050

Justia Opinion Summary: Six defendants appealed from judgments of conviction on multiple charges related to a drug distribution business, including drug conspiracy, RICO conspiracy, continuing criminal enterprise, murder, and other related char...

Zuckerman Spaeder LLP v. Auffenberg, Jr.
Date: July 29, 2011
Docket Number: 10-7041

Justia Opinion Summary: This case stemmed from appellee's legal representation of appellant in a criminal tax fraud case. Appellee subsequently filed a lawsuit against appellant for recovery of unpaid attorneys' fees and appellant counterclaime...

Lake Carriers' Assoc. v. EPA
Date: July 22, 2011
Docket Number: 09-1001

Justia Opinion Summary: Trade associations representing commercial ship owners and operators petitioned for review of a nationwide permit issued by the EPA for the discharge of pollutants incidental to the normal operation of vessels. Petitione...

United States v. Salahmand
Date: July 22, 2011
Docket Number: 09-3136

Justia Opinion Summary: Defendant pled guilty to one count of identity theft as part of a plea agreement where defendant had treated hundreds of patients while falsely representing that he was a licensed physician. In determining defendant's se...

Al Alwi, et al. v. Obama, et al.
Date: July 22, 2011
Docket Number: 09-5125

Justia Opinion Summary: This was an appeal from the denial of the petition of a detainee at the United States Naval Base at Guantanamo Bay for a writ of habeas corpus. At issue was whether the district court erred in determining that the detain...

Business Roundtable, et al. v. SEC
Date: July 22, 2011
Docket Number: 10-1305

Justia Opinion Summary: Petitioners, each of which had corporate members that issued publicly traded securities, petitioned for review of Exchange Act Rule 14a-11. At issue was whether the Securities and Exchange Commission promulgated the rule...

Gul v. Obama, et al.
Date: July 22, 2011
Docket Number: 10-5117

Justia Opinion Summary: The United States detained Nazul Gul and Adel Hamad for several years at the Naval Base at Guantanamo Bay and during that time, each filed with the district court a petition for a writ of habeas corpus. Prior to any hear...

Otay Mesa Property L.P., et al. v. US Dept. of the Interior, et al.
Date: July 22, 2011
Docket Number: 10-5204

Justia Opinion Summary: This case concerned the San Diego fairy shrimp, an aquatic animal found in southern California, that was designated as an endangered species under the Endangered Species Act of 1973, 16 U.S.C. 1533. Plaintiffs, companies...

Oceana, Inc. v. Locke, et al.
Date: July 19, 2011
Docket Number: 10-5299

Justia Opinion Summary: Oceana, Inc. brought this suit against the National Marine Fisheries Service challenging as unlawful the methodology it used to track bycatch in the fisheries of the Northeastern coast of the United States. At issue was...

Electronic Privacy Info. Center, et al. v. Dept. of Homeland Security, et al.
Date: July 15, 2011
Docket Number: 10-1157

Justia Opinion Summary: The Electronic Privacy Information Center (EPIC) and two individuals petitioned for review of a decision by the Transportation Security Administration (TSA) to screen airline passengers by using advanced imaging technolo...

United States v. Delaney
Date: July 15, 2011
Docket Number: 10-3062

Justia Opinion Summary: Defendant was convicted of unlawful possession of a firearm and ammunition by a convicted felon, possession with intent to distribute marijuana, and possession of a firearm during a trafficking offense. On appeal, defend...

Moore, Jr., et al. v. Hartman, et al.
Date: July 15, 2011
Docket Number: 10-5334

Justia Opinion Summary: Appellee alleged that six U.S. Postal Inspectors wrongly caused him to be criminally prosecuted in retaliation for his public criticism of the United States Postal Service (USPS) and its personnel. The Postal Inspectors...

Roeder, et al. v. Islamic Republic of Iran, et al.
Date: July 15, 2011
Docket Number: 10-5355

Justia Opinion Summary: Plaintiffs, Americans taken hostage in Iran in November 1979, and their families brought a new complaint, five years after the dismissal of their suit, in the district court relying on Congress's 2008 amendments to the F...

Pettaway v. Teachers Ins. and Annuity, et al.
Date: July 15, 2011
Docket Number: 10-7062

Justia Opinion Summary: After injuring her back in a car accident, plaintiff filed for and received long-term disability benefits from the insurance plan sponsored by her employer. Plaintiff brought suit pursuant to the Employee Retirement Inco...

Stephens, et al. v. US Airways Group, Inc., et al.
Date: July 15, 2011
Docket Number: 10-7100

Justia Opinion Summary: Plaintiffs, retired U.S. Airways pilots, each received pensions from the U.S. Airways pension plan (the plan) and each opted to receive his pension in a single lump sum rather than as an annuity. Plaintiffs subsequently...

Loumiet v. Office of Comptroller of the Currency
Date: July 12, 2011
Docket Number: 10-1288

Justia Opinion Summary: Petitioner appealed a final decision and order of the Office of the Comptroller of the Currency (Comptroller) requiring him to bear the costs of his own defense in an underlying administrative proceeding in which he prev...

United States v. Saani
Date: July 8, 2011
Docket Number: 09-3138

Justia Opinion Summary: Defendant appealed the sentence he received after pleading guilty to five counts of filing a false tax return. At issue was whether the district court erred in applying the Guidelines by increasing his base offense level...

Jones v. Taylor
Date: July 8, 2011
Docket Number: 09-5192

Justia Opinion Summary: Appellant filed suit in the district court when the Commissioner of the Social Security Administration (SSA) denied his application for disability benefits. At issue was whether the district court had authority to permit...

Sandra Omar, et al v. John M. McHugh, et al
Date: July 8, 2011
Docket Number: 09-5410

Sandra Omar, et al v. John M. McHugh, et al
Date: July 8, 2011
Docket Number: 09-5410

John Doe VIII, et al. v. Exxon Mobil Corp., et al.
Date: July 8, 2011
Docket Number: 09-7125

Justia Opinion Summary: This case stemmed from a contract between the Indonesian government and the Exxon Mobil Corporation (Exxon), a United States corporation, and several of its wholly owned subsidiaries where Exxon operated a large natural...

Federal Bureau of Prisons v. Federal Labor Relations Auth.
Date: July 8, 2011
Docket Number: 10-1089

Justia Opinion Summary: This case stemmed from a collective bargaining agreement executed in 1998 by the Federal Bureau of Prisons and the American Federation of Government Employees, Council of Prison Locals No. 33. The Bureau petitioned for a...

America v. Mill
Date: July 8, 2011
Docket Number: 10-5244

Justia Opinion Summary: Appellant charged his former employer, the Small Business Administration (SBA), with discrimination and the parties subsequently entered a settlement agreement where one of the terms of the settlement agreement required...

Laroque, et al. v. Holder, Jr.
Date: July 8, 2011
Docket Number: 10-5433

Justia Opinion Summary: The citizens of Kinston, North Carolina, approved a referendum switching city elections from partisan to nonpartisan. Because Kinston was located in a jurisdiction covered by section 5 of the Voting Rights Act of 1965 (A...

Breeden v. Novartis Pharmaceuticals Corp.
Date: July 8, 2011
Docket Number: 10-7073

Justia Opinion Summary: Appellant sued her former employer alleging violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. At issue was whether the district court properly granted summary judgment in favor of the employer on...

Cohen v. United States
Date: July 1, 2011
Docket Number: 08-5088

Justia Opinion Summary: After illegally collecting a three percent excise tax, the IRS created a refund procedure for taxpayers to recoup their money. Appellants argued that the procedure was unlawful. At issue was whether the court had jurisdi...

United States v. Ventura
Date: July 1, 2011
Docket Number: 09-3101

Justia Opinion Summary: Appellant, a citizen of El Salvador, pleaded guilty to violating 8 U.S.C. 1326(a), and 1326(b)(2), which together prohibited the illegal reentry of an alien who had been deported following an aggravated felony conviction...

English v. District of Columbia, et al.
Date: July 1, 2011
Docket Number: 09-7150

Justia Opinion Summary: A jury found for the District of Columbia government and a detective of the Metropolitan Police Department (MPD)(collectively, the government), in this case alleging a 42 U.S.C. 1983 claim for the use of excessive force...

In re: Aiken County
Date: July 1, 2011
Docket Number: 10-1050

Justia Opinion Summary: Three state and local governmental units, along with individual citizens, petitioned the court for review of and other relief from two "determinations" made by the Department of Energy (DOE) and the other respondents: th...

Natural Res. Def. Council v. Envtl. Prot. Agency
Date: July 1, 2011
Docket Number: 10-1056

Justia Opinion Summary: This case stemmed from a challenge to the EPA's regulation of ozone under the Clean Air Act, 42 U.S.C. 7409(a). At issue was an EPA "guidance document" addressing obligations of regions still in nonattainment of a now-re...

MarkWest Michigan Pipeline Co., LLC v. Federal Energy Regulatory Comm'n, et al.
Date: July 1, 2011
Docket Number: 10-1075

Justia Opinion Summary: This case stemmed from petitioner's rates filed with the Federal Energy Regulatory Commission (FERC) for its Michigan oil pipeline where petitioner agreed with two of its three shippers to restrict rate increases for a t...

Southwest Airlines Co. v. Transp. Sec. Admin.
Date: July 1, 2011
Docket Number: 10-1227

Justia Opinion Summary: Southwest Airlines Co. and 18 other airlines alleged that the TSA's determination of their year 2000 costs was arbitrary and capricious for purposes of the Administrative Procedures Act, 5 U.S.C. 500 et seq. At issue was...

Blackwell v. Federal Bureau of Investigation, et al.
Date: July 1, 2011
Docket Number: 10-5072

Justia Opinion Summary: Defendant was convicted of federal insider trading crimes and subsequently filed a Freedom of Information Act (FOIA) suit seeking information from the FBI that he believed would show misconduct by the federal investigato...

Sierra Club, et al. v. Jackson, et al.
Date: July 1, 2011
Docket Number: 10-5280

Justia Opinion Summary: Appellants, nonprofit environmental organizations, appealed from a judgment of dismissal entered by the district court in an action against the EPA under the citizen suit provision of the Clean Air Act (CAA), 42 U.S.C. 7...

Medina v. District of Columbia
Date: July 1, 2011
Docket Number: 10-7094

Justia Opinion Summary: Plaintiff, the former captain of the Metropolitan Police Department (MPD), filed a ten-count complaint charging the District of Columbia with racial and ethnic discrimination and retaliation against him because of a seri...

United States v. Stubblefield
Date: June 28, 2011
Docket Number: 09-3099

Justia Opinion Summary: Defendant appealed from his convictions for multiple bank robberies and contended that his trial violated the Speedy Trial Act, 18 U.S.C. 3161(b), 3162(a)(1), that the district court erred in limiting the scope of his co...

United States v. Jones
Date: June 28, 2011
Docket Number: 09-3132

Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin. At issue was whether the district court abused its discretion in denying defendant's motion to withdraw...

SEC v. Johnson, Jr., et al.
Date: June 28, 2011
Docket Number: 09-5399

Justia Opinion Summary: In this civil enforcement action, a jury found appellant aided and abetted a securities fraud by his former employer in violation of 15 U.S.C. 78t(e). At issue was whether the district court erred in allowing appellant's...

Roth, et al. v. Dept. of Justice
Date: June 28, 2011
Docket Number: 09-5428

Justia Opinion Summary: In this Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(3)(A), case, a Texas death-row inmate sought information from the FBI that he alleged might corroborate his claim that four other men actually committed the quad...

District of Columbia v. Ijeabuonwu, et al.
Date: June 28, 2011
Docket Number: 09-7092

Justia Opinion Summary: The District of Columbia filed this suit to recover its attorneys' fees from a lawyer who brought an administrative complaint against the District on behalf of a student with special educational needs under the Individua...

Med. Waste Inst., et al. v. EPA
Date: June 24, 2011
Docket Number: 09-1297

Justia Opinion Summary: Petitioners petitioned for review of a regulation promulgated by the EPA setting performance standards for new and existing hospital/medical/infection waste incinerators ("HMIWI"). Petitioners argued that the data set EP...

United States v. Brice
Date: June 24, 2011
Docket Number: 10-3079

Justia Opinion Summary: Defendant, a pimp who prostituted underage girls, was convicted of various federal sexual abuse crimes and sentenced to 25 years in prison. Defendant appealed the denial of his request to unseal the records of two materi...

Auburn Regional Medical Center, et al. v. Sebelius
Date: June 24, 2011
Docket Number: 10-5115

Justia Opinion Summary: This case stemmed from the discovery in an unrelated case that the Center for Medicare & Medicaid Services ("CMS") had paid hospitals less than they were due because it had miscalculated the disproportionate share hospit...

American Nat'l Ins. Co., et al, v. FDIC, et al.
Date: June 24, 2011
Docket Number: 10-5245

Justia Opinion Summary: Bondholders of the failed Washington Mutual Bank ("WAMU") alleged that JPMorgan Chase ("Chase"), through a series of improper acts, pressured the federal government to seize WAMU and then sell to it the bank's most valua...

Ali v. Rumsfeld
Date: June 21, 2011
Docket Number: 07-5178

Justia Opinion Summary: Plaintiffs, four Afghan and five Iraqi citizens captured and subsequently held in Afghanistan and Iraq, respectively, by the United States military sued defendants, seeking damages and declaratory relief as the result of...

Arkan Ali v. Donald Rumsfeld
Date: June 21, 2011
Docket Number: 07-5178

Bowie v. Maddox
Date: June 21, 2011
Docket Number: 08-5111

Justia Opinion Summary: Plaintiff ("appellant"), a former official of the District of Columbia Office of the Inspector General ("OIG"), was fired after five years on the job purportedly for poor performance. Appellant sued the OIG and alleged t...

Omar, et al. v. McHugh, et al.
Date: June 21, 2011
Docket Number: 09-5410

Justia Opinion Summary: Since 2005, appellant, a dual citizen of Jordan and the United States, had pursued a habeas corpus petition to block his transfer to Iraq's government where the United States military had detained him in Iraq based on ev...

Mahoney, et al. v. Doe, et al.
Date: June 21, 2011
Docket Number: 09-7131

Justia Opinion Summary: Appellant sued the Metropolitan Police Department ("MPD") and the District of Columbia (collectively, "District"), requesting a temporary restraining order and preliminary injunction to keep the District from preventing...

Simmons v. Commissioner, IRS
Date: June 21, 2011
Docket Number: 10-1063

Justia Opinion Summary: The Commissioner of the IRS appealed a decision of the Tax Court holding taxpayer was entitled to claim deductions in 2003 and 2004 for donating to the L'Enfant Trust, Inc. conservation easements on the facades of two bu...

Intermountain Ins. Serv. v. Commissioner, IRS
Date: June 21, 2011
Docket Number: 10-1204

Justia Opinion Summary: The Commissioner of the IRS and appellees disagreed about appellees' 1999 gross income where the disagreement stemmed from appellees' sale of assets and centered primarily on the Commissioner's conclusion that appellees...

UTAM, Ltd., et al. v. Commissioner, IRS
Date: June 21, 2011
Docket Number: 10-1262

Justia Opinion Summary: This appeal stemmed from a short sale transaction that raised UTA Management's outside basis in the UTAM partnership. On October 13, 2006, more than six years after the filing of UTAM's 1999 partnership return, but less...

Nat'l Maritime Safety Assoc. v. OSHA
Date: June 17, 2011
Docket Number: 09-1050

Justia Opinion Summary: NMSA, a trade association representing marine terminal operators, petitioned for review of OSHA's vertical tandem lifts ("VTLs") Standard. At issue was whether OSHA failed to demonstrate that VTLs posed a significant ris...

In re: Natural Res. Defense Council, et al.
Date: June 17, 2011
Docket Number: 10-1142

Justia Opinion Summary: This appeal concerned whether the court or the district court had jurisdiction over matters relating to a citizen petition filed pursuant to FDA regulations promulgated under the Food, Drug, and Cosmetic Act ("Act"), 21...

Colbert v. Tapella
Date: June 17, 2011
Docket Number: 10-5047

Justia Opinion Summary: Plaintiff sued the Government Printing Office ("GPO") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., alleging race and gender discrimination when the GPO filled two positions with white men, w...

Univ. of TX M.D. Anderson v. Sebelius
Date: June 17, 2011
Docket Number: 10-5201

Justia Opinion Summary: This case involved cost-saving tools that Congress had devised for Medicare payments to cancer hospitals and specifically concerned Medicare reimbursements paid to one cancer hospital, appellant, in 2000 and 2001. The fi...

Jones v. Air Line Pilots Assoc., et al.
Date: June 17, 2011
Docket Number: 10-5215

Justia Opinion Summary: Plaintiff challenged the constitutionality of a provision of the Fair Treatment for Experienced Pilots Act ("FTEPA"), 49 U.S.C. 44729, which allowed some pilots, but not him, to take advantage of Congress's decision to r...

Geleta v. Fenty, et al.
Date: June 17, 2011
Docket Number: 10-7026

Justia Opinion Summary: Appellant alleged that he was transferred to a position of less responsibility within the District of Columbia Department of Mental Health ("District") in retaliation for his statements corroborating a claim of racial di...

John C. Flood of Virginia, Inc., et al. v. John C. Flood, Inc., et al.
Date: June 17, 2011
Docket Number: 10-7098

Justia Opinion Summary: Two businesses with nearly identical names, John C. Flood, Inc. ("1996 Flood") and John C. Flood of Virginia, Inc. ("Virginia Flood"), brought suit against each other over which company had the right to use two trademark...

New York and Presbyterian Hospital v. National Labor Relations Board
Date: June 14, 2011
Docket Number: 10-1278

Justia Opinion Summary: New York Presbyterian Hospital ("Hospital") petitioned for review of a decision and order by the National Labor Relations Board ("Board") finding the Hospital in violation of section 8(a)(5) of the National Labor Relatio...

United States v. Akhigbe
Date: June 14, 2011
Docket Number: 10-3019

Justia Opinion Summary: Appellant, a primary care physician who served Medicaid patients in the District of Columbia, appealed his convictions for health care fraud and for making false statements relating to health care matters, as well as his...

American Bus Assoc. v. Rogoff, et al.
Date: June 14, 2011
Docket Number: 10-5213

Justia Opinion Summary: Plaintiffs, two national trade associations representing the private charter bus industry, challenged Senator Patty Murray's amendment to the Consolidated Appropriations Act of 2010, Pub. L. No. 111-117, 172, related to...

Shafi, et al. v. Palestinian Authority, et al.
Date: June 14, 2011
Docket Number: 10-7024

Justia Opinion Summary: Appellant and his wife filed an action against the Palestinian Authority ("PA") and the Palestinian Liberation Organization ("PLO") seeking to recover damages under the Alien Tort Statute ("ATS"), 28 U.S.C. 1350, where a...

Cablevision System Corp. v. Federal Communications Commission, et al.
Date: June 10, 2011
Docket Number: 10-1062

Justia Opinion Summary: This action arose under section 628 of the Communications Act, 47 U.S.C. 151, where the Federal Communications Commission ("FCC") issued an order adopting rules to close the so-called terrestrial loophole. Petitioners co...

Jackson Hospital Corp. v. National Labor Relations Board
Date: June 10, 2011
Docket Number: 10-1271

Justia Opinion Summary: Petitioner sought review of an adverse decision of the National Labor Relations Board ("Board") where an ALJ found that petitioner violated section 8(a)(3) and (1) of the National Labor Relations Act ("Act"), 29 U.S.C. 1...

Performance Coal Co. v. Federal Mine Safety and Health Review Commission, et al.
Date: June 10, 2011
Docket Number: 10-1280

Justia Opinion Summary: Petitioner, Performance Coal Company, petitioned the Federal Mine Safety and Health Review Commission ("Commission") for temporary relief from restrictions imposed by the Mine Safety and Health Administration ("MSHA") af...

Almerfedi, et al. v. Obama, et al.
Date: June 10, 2011
Docket Number: 10-5291

Justia Opinion Summary: The United States appealed from the district court's decision granting defendant's petition for writ of habeas corpus. At issue was whether the district court improperly concluded that the government failed to demonstrat...

United States v. Marshall
Date: June 9, 2011
Docket Number: 09-3140

Justia Opinion Summary: Defendant was indicted for unlawful possession of a firearm and despite his repeated request for a speedy trial of his one-count single defendant case, 436 days passed before his trial began. In delaying the trial, the d...

United States v. Bruns
Date: June 7, 2011
Docket Number: 09-3077

Justia Opinion Summary: In 2009, defendant pled guilty to a one-count information charging him with possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B) and, in light of his 1999 Michigan state court proceeding where he pled...

LePage's 2000, Inc., et al. v. Postal Regulatory Commission
Date: June 7, 2011
Docket Number: 10-1031

Justia Opinion Summary: Petitioners sought review of a Postal Regulatory Commission ("Commission") order classifying the United States Postal Services's ("Service") licensing of its intellectual property for use on third-party mailing and shipp...

Rattigan v. Holder, Jr.
Date: June 3, 2011
Docket Number: 10-5014

Justia Opinion Summary: In this case, a jury found that the FBI violated Title VII of the Civil Rights Act of 1964, 28 U.S.C. 1447, by launching a security investigation of plaintiff, then an agent in its Saudi Arabia office, in retaliation for...

Mckinley v. Board of Gov. Fed. Reserve System
Date: June 3, 2011
Docket Number: 10-5353

Justia Opinion Summary: Appellant submitted a request pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552, to the Board of Governors of the Federal Reserve System ("Board") seeking information related to the Board's March 14, 2008...

US Dept. of the Air Force v. Federal Labor Relations Authority
Date: May 27, 2011
Docket Number: 10-1299

Justia Opinion Summary: The Air Force petitioned for review of the decision and order of the Federal Labor Relations Authority ("FLRA") that a union proposal for uniform cleaning was a negotiable condition of employment. Based on a recently dis...

USPS v. PRC
Date: May 27, 2011
Docket Number: 10-1343

USPS v. PRC
Date: May 27, 2011
Docket Number: 10-1343

Al-Madhwani, et al. v. Obama, et al.
Date: May 27, 2011
Docket Number: 10-5172

Justia Opinion Summary: Appellant, a Yemeni detainee at Guantanamo Bay, Cuba, appealed the district court's denial of his petition for writ of habeas corpus. Appellant claimed there was insufficient evidence to find that he was part of al-Qaida...

United States Postal Service v. Postal Regulatory Commission
Date: May 24, 2011
Docket Number: 10-1343

Justia Opinion Summary: The United States Postal Service ("USPS") filed a request with the Postal Regulatory Commission ("Commission") to exceed the annual Consumer Price Index for All Urban Consumers ("CPI-U") cap pursuant to section 201(d) of...

United States v. Bisong
Date: May 20, 2011
Docket Number: 08-3014

Justia Opinion Summary: Appellant appealed his conviction of seven counts of bank fraud and four counts of immigration fraud whereby he filed hundreds of applications for labor certification containing false representations that various shell c...

Gates, et al v. Syrian Arab Republic, et al
Date: May 20, 2011
Docket Number: 08-7118

Justia Opinion Summary: The families of two American contractors beheaded by terrorists in Iraq sued the Syrian Arab Republic ("Syria") in federal court and when Syria did not respond, the district court eventually entered a default judgment in...

MetroPCS California, LLC v. FCC, et al
Date: May 17, 2011
Docket Number: 10-1003

Justia Opinion Summary: A California local exchange carrier ("LEC") filed a complaint with the Federal Communications Commission ("FCC") alleging a violation of 47 C.F.R. 20.11(b) when the LEC unilaterally set a rate and began billing petitione...

Oberwetter v. Hilliard, et al.
Date: May 17, 2011
Docket Number: 10-5078

Justia Opinion Summary: Appellant filed a suit against appellees, including the police officer that arrested her, alleging violations of her First and Fourth Amendment rights where the officer arrested her when she refused to stop what she desc...

USA v. David Safavian
Date: May 13, 2011
Docket Number: 09-3112

Justia Opinion Summary: A jury found David Safavian, Chief of Staff of the General Services Administration ("GSA"), guilty on four counts of a five-count indictment where his convictions were related to a golf trip he took with Jack Abramoff, a...

Knop, II, et al v. Mackall, Jr., et al
Date: May 13, 2011
Docket Number: 10-7037

Justia Opinion Summary: Plaintiff, a shareholder in Avenir Corporation ("Avenir"), brought a shareholder derivate suit naming Avenir and its three principal officers ("principals") as defendants and alleged that the principals engaged in variou...

Polm Family Foundation, Inc. v. USA, et al
Date: May 6, 2011
Docket Number: 09-5401

Justia Opinion Summary: The Polm Family Foundation ("Foundation") filed a suit in district court for a declaratory judgment that it was exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code ("IRC"). At issue was...

Newton Dickson v. NTSB, et al
Date: May 6, 2011
Docket Number: 10-1091

Justia Opinion Summary: Petitioner applied for a first-class airman medical certificate pursuant to 49 U.S.C. 44703 and, after a period of evaluation, a Federal Aviation Administration ("FAA") Federal Air Surgeon issued a denial based on the co...

Amador County, California v. Kenneth Salazar, et al
Date: May 6, 2011
Docket Number: 10-5240

Justia Opinion Summary: The Buena Vista Rancheria of Me-Wuk Indians ("Buena Vista") entered into a compact with California to engage in gaming on its tribal land and then petitioned the Secretary of the Interior ("Secretary") for approval of th...

Alcoa Power Generating Inc. v. FERC
Date: May 3, 2011
Docket Number: 10-1066

Justia Opinion Summary: The Alcoa Power Generating Company ("Alcoa") petitioned for review of two orders of the Federal Energy Regulatory Commission ("Commission") with respect to the relicensing of its Yadkin Project facilities in North Caroli...

USA v. Bryan Burwell
Date: April 29, 2011
Docket Number: 06-3070

Justia Opinion Summary: Appellants appealed jury convictions of numerous crimes that arose from appellants' bank-robberies including subduing innocent bystanders with gratuitous gunplay, pistol whipping a victim, and peppering a pursuing police...

Chamber of Commerce of the US, et al v. EPA
Date: April 29, 2011
Docket Number: 09-1237

Justia Opinion Summary: The Chamber of Commerce and the National Automobile Dealers Association petitioned for review of a decision by the Environmental Protection Agency ("EPA") granting California a waiver from federal preemption under the Cl...

Aera Energy LLC v. Kenneth Salazar, et al
Date: April 29, 2011
Docket Number: 10-5101

Justia Opinion Summary: The Pacific Regional Director of the Interior Department's Minerals Management Service ("Director") caused four oil and gas leases off the coast of California, for which appellants had originally paid the United States o...

James Sherley v. Kathleen Sebeliu
Date: April 29, 2011
Docket Number: 10-5287

Justia Opinion Summary: Plaintiffs, two scientists, brought a suit to enjoin the National Institutes of Health ("NIH") from funding research using human embryonic stem cells ("ESCs") pursuant to the NIH's 2009 Guidelines ("Guidelines"). At issu...

USA v. Victor Papagno
Date: April 26, 2011
Docket Number: 09-3002

Justia Opinion Summary: Appellant was convicted and sentenced to 18 months imprisonment and ordered to pay $160,000 in restitution to the Naval Research Laboratory ("Research Laboratory") when he stole computer equipment over the course of ten...

Forsyth Memorial Hospital, Inc, et al v. Kathleen Sebelius
Date: April 26, 2011
Docket Number: 09-5448

Justia Opinion Summary: Forsyth Memorial Hospital, Inc. and other providers (collectively "appellants") appealed the district court's grant of summary judgment in favor of the Secretary of Health and Human Services ("HHS") upholding the denial...

Pan Am Flight 73 Liaison Group v. Giatri Dave, et al
Date: April 26, 2011
Docket Number: 10-7068

Justia Opinion Summary: Appellee filed an action against appellants, sisters who were traveling together aboard Pan Am Airways Flight 73 when Libyan terrorists hijacked the plane and held it for sixteen hours on the tarmac in Pakistan, seeking...

Natl Petrochemical & Refiners v. EPA
Date: April 22, 2011
Docket Number: 10-1070

USA v. Paul Slough, et al
Date: April 22, 2011
Docket Number: 10-3006

Justia Opinion Summary: Criminal proceedings were conducted with five defendants, members of the Raven 23 team from Blackwater Worldwide ("Blackwater"), where Blackwater was hired by American security officials to evacuate a diplomat from a car...

Avia Dynamics, Inc. v. FAA
Date: April 19, 2011
Docket Number: 09-1278

Justia Opinion Summary: Petitioner, a manufacturer and distributer of aircraft parts, filed a petition seeking review of an "Unapproved Parts Notification" ("UPN") posted by the Federal Aviation Administration ("FAA") on its website. At issue w...

Ed Brayton v. Office of the US Trade Rep.
Date: April 19, 2011
Docket Number: 09-5402

Justia Opinion Summary: Plaintiff filed suit under the Freedom of Information Act ("FOIA") seeking disclosure of a classified international trade agreement. At issue was whether plaintiff was entitled to recovery of attorney fees for his lawsu...

USA v. Michael Monzel
Date: April 19, 2011
Docket Number: 11-3008

Justia Opinion Summary: Petitioner sued defendant, who plead guilty to possession of child pornography and possessed depictions of petitioner, seeking over $3,000,000 in restitution. At issue was whether her petition for mandamus should be gran...

USA v. John Smith
Date: April 15, 2011
Docket Number: 09-3119

Justia Opinion Summary: Defendant appealed jury convictions of four drug and firearm offenses when defendant was found with heroin worth about $30,000, two loaded guns, and $27, 730 in cash. At issue was whether the admission of the state court...

Ancient Coin Collectors Guild, et al v. DOS
Date: April 15, 2011
Docket Number: 09-5439

Justia Opinion Summary: Plaintiffs filed suit seeking certain information in Cultural Property Advisory Committee reports from the State Department ("State") related to import restrictions imposed on cultural artifacts from China, Italy, and Cy...

Stephen Dearth, et al v. Eric Holder, Jr.
Date: April 15, 2011
Docket Number: 10-5062

Justia Opinion Summary: Plaintiff, an American citizen who resides in Canada, along with the Second Amendment Foundation, challenged 18 U.S.C. 922 and related regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives wh...

Andrea Peterson v. Archstone
Date: April 15, 2011
Docket Number: 10-7012

Justia Opinion Summary: Plaintiff, acting pro se, sued defendant for alleged violations of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, and the District of Columbia Human Rights Act when defendant declined to hire her. At is...

Companhia Brasileira Carbureto, et al v. Applied Industrial Materials C, et al
Date: April 15, 2011
Docket Number: 10-7051

Justia Opinion Summary: Plaintiffs sued defendants alleging that defendants submitted fraudulent petitions to the U.S. International Trade Commission ("ITC") and thereby induced the ITC to impose unwarranted duties on plaintiffs' products. At i...

Glenn Cherry v. FCC
Date: April 12, 2011
Docket Number: 10-1151

Justia Opinion Summary: Appellant, a shareholder and former chief executive officer of Tama Broadcasting, Inc. ("Tama"), filed an application for review with the Federal Communications Commission ("FCC") challenging the FCC Media Bureau's appro...

Greater New Orleans Fair Housi, et al v. HUD, et al
Date: April 8, 2011
Docket Number: 10-5257

Justia Opinion Summary: Plaintiffs, two fair housing organizations in New Orleans and five African-American homeowners, claimed that a program to help homeowners rebuild after hurricanes Katrina and Rita employed a grant formula that violated t...

Mahmoad Abdah, et al v. Barack Obama, et al
Date: April 8, 2011
Docket Number: 10-5282

Justia Opinion Summary: Appellant appealed a denial of his habeas corpus petition after he was captured by Northern Alliance forces in December 2001 and transferred to American custody in January of the following year and detained at the U.S. n...

International Union of Operati v. NLRB
Date: April 5, 2011
Docket Number: 10-1121

Justia Opinion Summary: Plaintiffs petitioned for review of a National Labor Relations Board ("Board") finding where a union employee, with a traveler permit from plaintiffs, reported to his employer that a piece of machinery was not properly d...

CSI Aviation Services, Inc. v. DOT, et al
Date: April 1, 2011
Docket Number: 09-1307

Justia Opinion Summary: Petitioner, CSI Aviation Services, Inc. ("CSI"), petitioned for review of an order where the Department of Transportation ("DOT") ordered CSI to cease and desist from acting as a broker of air-charter services for the fe...

Empresa Cubana Exportadora v. Department of Treasury, et al
Date: March 29, 2011
Docket Number: 09-5196

Justia Opinion Summary: Plaintiff, a Cuban corporation, sued the United States Department of Treasury when plaintiff's renewal of its trademark, which had previously been permitted as an exception under the Trading with the Enemy Act ("Act"), w...

Paul Bame, et al v. Todd Dillard, et al
Date: March 29, 2011
Docket Number: 09-5330

Paul Bame, et al v. Todd Dillard, et al
Date: March 29, 2011
Docket Number: 09-5330

Carmen Talavera v. Rajiv Shah
Date: March 29, 2011
Docket Number: 09-5373

Justia Opinion Summary: Plaintiff, a former employee of the United States Agency for International Development ("USAID"), alleged claims of gender discrimination and retaliation under Title VII of the Civil Rights Act of 1964. At issue was whe...

Brotherhood of Railroad Signal, et al v. STB, et al
Date: March 29, 2011
Docket Number: 10-1138

Justia Opinion Summary: Plaintiffs challenged a decision of the Surface Transportation Board ("STB") alleging that the purchase by the Massachusetts Department of Transportation ("MassDOT") of railroad track and other rail assets from CSX Trans...

Mahmoad Abdah, et al v. Barack Obama, et al
Date: March 29, 2011
Docket Number: 10-5235

Justia Opinion Summary: Defendant filed a petition for a writ of habeas corpus contending that he was not part of al Qaeda and therefore was not properly detained at the United States naval base in Guantanamo Bay, Cuba under the Authorization o...

Paul Bame, et al v. Todd Dillard, et al
Date: March 25, 2011
Docket Number: 09-5330

Justia Opinion Summary: Plaintiffs filed a class action suit for damages against defendant, a former United States Marshal, claiming that they were unconstitutionally strip searched by Deputy U.S. Marshals under defendant's direction after plai...

USA v. 8 Gilcrease Lane, Quincy, Flor, et al
Date: March 25, 2011
Docket Number: 10-5061

Justia Opinion Summary: AdSurfDaily, Inc., an internet marketing company incorporated and controlled by appellant, appealed a default judgment and final order of forfeiture after they withdrew their claims in this civil forfeiture action where...

Asid Mohamad, et al v. Jibril Rajoub, et al
Date: March 18, 2011
Docket Number: 09-7109

Justia Opinion Summary: Plaintiffs, the son and widow of an individual who was allegedly tortured and killed by the Palestinian Authority and the Palestine Liberation Organization ("defendants"), sued defendants for violation of the Torture Vic...

Linda Yaman, et al v. Department of State, et al
Date: March 18, 2011
Docket Number: 10-5136

Justia Opinion Summary: Appellant brought a suit under the Administrative Procedure Act ("APA"), 5 U.S.C. 500, seeking an injunction requiring the United States State Department ("State Department") to disclose the Hearing Officer's Findings of...

Village of Barrington, IL v. STB
Date: March 15, 2011
Docket Number: 09-1002

Edwin Kessler, et al v. STB
Date: March 15, 2011
Docket Number: 09-1161

Justia Opinion Summary: Petitioners sought review of an order of the Surface Transportation Board ("STB") granting BNSF Railway Co. ("BNSF") an exemption from the procedures in the Interstate Commerce Act ("ICA"), 49 U.S.C. 10903-10904, for aba...

Edwin Kessler, et al v. STB
Date: March 15, 2011
Docket Number: 09-1188

Justia Opinion Summary: Petitioners sought review of an order of the Surface Transportation Board ("STB") denying them preliminary injunctive relief where one petitioner leased a locomotive from the other petitioner and contracted with BNSF Rai...

FG Hemisphere Associates, LLC v. Democratic Republic of Congo, et al
Date: March 15, 2011
Docket Number: 10-7040

Justia Opinion Summary: FG Hemisphere Associates, LLC ("FG Hemisphere") brought a suit against the Democratic Republic of Congo ("DRC") under the provision of the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. 1604, permitting a plaintiff...

Argentine Republic v. National Grid PLC.
Date: March 11, 2011
Docket Number: 10-7093

Justia Opinion Summary: Argentina appealed the district court's dismissal of its motion to extend where Argentina had violated a Bilateral Investment Treaty when it implemented several emergency measures in response to the nation's financial cr...

Equal Rights Center v. Post Properties, Inc., et al
Date: March 8, 2011
Docket Number: 09-5359

Justia Opinion Summary: The Equal Rights Center ("ERC") sued Post Properties, Inc. ("Post") alleging that Post designed, constructed, and operated its apartment complexes in a manner that violated the Fair Housing Act ("FHA"), as amended by the...

Richard Menkes v. US Dept. of Homeland Security, et al
Date: March 8, 2011
Docket Number: 09-5372

Justia Opinion Summary: Appellant filed suit against the United States Department of Homeland Security, the Coast Guard, and the Assistant Commandant of the Coast Guard (collectively "the Government") challenging the Coast Guard's determination...

Susan Whiting v. AARP, et al
Date: March 8, 2011
Docket Number: 10-7049

Justia Opinion Summary: Plaintiff sued defendants, United Healthcare Insurance Company and the American Association of Retired Persons, alleging breach of contract, fraud under the D.C. Consumer Protection Procedures Act, and unjust enrichment...

USA v. Courtney Stadd
Date: March 4, 2011
Docket Number: 09-3121

Justia Opinion Summary: Appellant appealed a conviction on one count of committing an act affecting a personal financial interest in violation of 18 U.S.C. 208(a) and 216(a)(2) and two counts of making false statements in violation of 18 U.S.C....

American Bar Association v. FTC
Date: March 4, 2011
Docket Number: 10-5057

Justia Opinion Summary: Appellees filed a suit challenging the Federal Trade Commission's ("Commission") Extended Enforcement Policy claiming that the Commission had intruded upon an area of traditional regulation when it authorized the Fair Tr...

Cheryl Taylor, et al v. US Department of Agriculture, et al
Date: March 2, 2011
Docket Number: 09-1270

Cheryl Taylor, et al v. US Department of Agriculture, et al
Date: March 2, 2011
Docket Number: 09-1270

Justia Opinion Summary: Petitioners sought administrative review of the Chief of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. 499, and Vegetable Division of the Agricultural Marketing Service's ("Judicial Officer") determinati...

Melodi Navab-Safavi v. Broadcasting Board of Govenors, et al
Date: March 1, 2011
Docket Number: 09-5388

Justia Opinion Summary: Appellee sued the Broadcasting Board of Governors ("Board") after the Board terminated her contract alleging violations of the First and Fifth Amendments when she appeared in a music video that criticized the United Stat...

Betty Ali v. Richard L. Tolbert, et al
Date: March 1, 2011
Docket Number: 09-7095

Justia Opinion Summary: Plaintiff filed an action against defendants claiming that they violated the D.C. Consumer Protection Procedures Act ("CPPA"), DC Code 28-3904, by inducing her to sell her house to one of the defendants and then failing...

In re: Rogel Grant
Date: February 22, 2011
Docket Number: 08-5440

USA v. Brian Davi
Date: February 18, 2011
Docket Number: 10-3042

Robert Gordon v. Eric Holder, Jr., et al
Date: February 18, 2011
Docket Number: 10-5227

USA v. James Dunn
Date: February 15, 2011
Docket Number: 09-3124

Saeed Hatim, et al v. Barack Obama, et al
Date: February 15, 2011
Docket Number: 10-5048

USA v. Weathers, Marc
Date: February 11, 2011
Docket Number: 07-3115

Dynegy Midwest Generation, Inc v. FERC
Date: February 11, 2011
Docket Number: 09-1306

New York Regional Interconnect v. FERC
Date: February 11, 2011
Docket Number: 09-1309

Antoine Jones v. Norma Horne, et al
Date: February 11, 2011
Docket Number: 09-5128

Pablo Figueroa, et al v. DC Metropolitan Police Dept.
Date: February 11, 2011
Docket Number: 09-7133

In re: Dushan Zdravkovich
Date: February 11, 2011
Docket Number: 10-7061

MD Public Service Commission, et al v. FERC
Date: February 8, 2011
Docket Number: 09-1296

Oscar Salazar, et al v. DC, et al
Date: February 8, 2011
Docket Number: 10-7031

Full Value Advisors, LLC v. SEC
Date: February 4, 2011
Docket Number: 10-1053

Consolidated Rail Corporation v. James Ray
Date: February 4, 2011
Docket Number: 10-7029

USA v. Anthony Anderson
Date: January 28, 2011
Docket Number: 05-3100

El Paso Natural Gas Company v. USA, et al
Date: January 28, 2011
Docket Number: 10-5080

Mary Ann Blackman, et al v. DC, et al
Date: January 28, 2011
Docket Number: 10-7019

City of Santa Monica v. FAA
Date: January 21, 2011
Docket Number: 09-1233

Calvin Kim, et al v. USA, et al
Date: January 21, 2011
Docket Number: 09-5227

Iona Calhoun v. Bart Bush
Date: January 21, 2011
Docket Number: 09-5315

David Patchak v. Kenneth Salazar, et al
Date: January 21, 2011
Docket Number: 09-5324

In re: Lorazepam
Date: January 18, 2011
Docket Number: 08-5044

Flint Hills Resources Alaska, v. FERC, et al
Date: January 18, 2011
Docket Number: 09-1236

American Civil Liberties Union, et al v. DOD, et al
Date: January 18, 2011
Docket Number: 09-5386

Michael Manin v. NTSB, et al
Date: January 14, 2011
Docket Number: 09-1157

US Magnesium LLC v. EPA
Date: January 14, 2011
Docket Number: 09-1269

USA v. Rashaad Tate
Date: January 14, 2011
Docket Number: 09-3052

Cape Cod Hospital, et al v. Kathleen Sebelius
Date: January 14, 2011
Docket Number: 09-5447

St. Paul Mercury Insurance Com v. Capitol Sprinkler Inspection I
Date: January 14, 2011
Docket Number: 09-7128

Karen Vatel v. Alliance of Auto. Manufacturer, et al
Date: January 14, 2011
Docket Number: 10-7013

Barack Obama v. Mahmoad Abdah
Date: January 11, 2011
Docket Number: 05-5224

Cynthia Artis, et al v. Ben Bernanke
Date: January 11, 2011
Docket Number: 09-5121

USA v. Old Dominion Boat Club
Date: January 11, 2011
Docket Number: 09-5363

Murray Energy Corporation, et al v. FERC
Date: January 7, 2011
Docket Number: 09-1207

Cheryl Taylor, et al v. US Department of Agriculture, et al
Date: January 7, 2011
Docket Number: 09-1270

USA v. Ikela Dean
Date: January 7, 2011
Docket Number: 09-3070

USA, et al v. Lenin Erazo
Date: January 7, 2011
Docket Number: 10-3012

In re: City of Tacoma, Washington
Date: January 4, 2011
Docket Number: 09-1120

Gerald Walpin v. Corp.for Natl' and Comm. Serv., et al
Date: January 4, 2011
Docket Number: 10-5221