2012 D.C. Circuit U.S. Court of Appeals Case Law
Date: December 28, 2012
Docket Number: 10-3093
Justia Opinion Summary: Defendant pled guilty to Student Aid Fraud, Bank Fraud, and Social Security Fraud. Defendant appealed from the district court's judgment on several grounds. The court held that the district court erred in describing the…
Date: December 28, 2012
Docket Number: 11-1306
Justia Opinion Summary: Black Beauty petitioned for review of an order of the Federal MSHRC adopting the findings of the ALJ. The court held that the ALJ's conclusion that Black Beauty violated 30 C.F.R. 75.400 was supported by substantial…
Date: December 28, 2012
Docket Number: 11-7078
Justia Opinion Summary: Appellant alleged that the District of Columbia violated rights conferred upon him by Article 36(1)(b) of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 101, 596 U.N.T.S. 261. Appellant is a…
Date: December 28, 2012
Docket Number: 11-7094
Justia Opinion Summary: Plaintiff appealed from the dismissal of wrongful death and survival actions she filed against her son's employer and two pharmaceutical companies. Plaintiff's son committed suicide using a gun provided by his employer…
Date: December 21, 2012
Docket Number: 11-3038
Justia Opinion Summary: Appellant pleaded guilty to four counts of sex trafficking of children and was sentenced to imprisonment, as well as ordered to pay a total of $3,892,055 in restitution to the four victims. On appeal, appellant…
Date: December 18, 2012
Docket Number: 11-1122
Justia Opinion Summary: Petitioners, a group of California generators, including Calpine, petitioned for review of FERC's orders under the Federal Power Act, 16 U.S.C. 824. On appeal, the court considered FERC's authority to regulate…
Date: December 18, 2012
Docket Number: 11-1284
Justia Opinion Summary: After the union and a former newsroom supervisor filed complaints against Ampersand, the ALJ found - and the Board affirmed - that each of these actions violated section 8(a)(1) and/or 8(a)(3) of the National Labor…
Date: December 14, 2012
Docket Number: 11-1282
Justia Opinion Summary: In an effort to encourage superior performance, Medco introduced what it called the "WOW" program. This dispute arose when an employee wore a shirt with the Union's logo on the front and a message on the back that…
Date: December 14, 2012
Docket Number: 11-1330
Justia Opinion Summary: Relying on section 331(a) of the Communications Act, 47 U.S.C. 331(a), appellant filed an application to reallocate VHF channels from Nevada and Wyoming to New Jersey and Delaware. The FCC denied the application,…
Date: December 14, 2012
Docket Number: 11-5180
Justia Opinion Summary: Petitioner, a detainee at Guantanamo Bay Naval Base, appealed from the district court's denial of his petition for a writ of habeas corpus. Petitioner, an Afghan national, became a senior Taliban official in 1994. He…
Date: December 14, 2012
Docket Number: 11-5283
Justia Opinion Summary: Appellant brought suit against officials of the Administrative Office, solely in their official capacities, alleging that they rejected her job application in violation of her constitutional rights. The district court…
Date: December 14, 2012
Docket Number: 11-5322
Justia Opinion Summary: A group of Freedmen, former Cherokee slaves and their descendants, sued in district court claiming that the Cherokee Nation had violated the 1866 Treaty that guaranteed the Freedmen all the rights of native Cherokees. To…
Date: December 14, 2012
Docket Number: 11-7113
Justia Opinion Summary: Appellee, an employee and participant in Hilton's retirement plan, sued for violations under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. Appellee alleged that the Plan's benefit accrual…
Date: December 11, 2012
Docket Number: 11-5246
Justia Opinion Summary: When an employee's name and Social Security number listed on Form W-2 do not match in the SSA's database and this happens to a sufficient number of employees, the SSA sends the employer a "no-match" letter. In 2006,…
Date: December 4, 2012
Docket Number: 11-1135
Justia Opinion Summary: Recognizing the growing importance of mobile data in a wireless market in which smartphones are increasingly common, the FCC adopted a rule requiring mobile-data providers to offer roaming agreements to other such…
Date: December 4, 2012
Docket Number: 11-1280
Justia Opinion Summary: Petitioner sought substantial wage concessions on the basis of competitive pressures it claimed to be facing. Seeking to verify this contention, the union requested information about petitioner's prices and customers.…
Date: November 30, 2012
Docket Number: 11-3030
Justia Opinion Summary: Defendant appealed his 65-month sentence of imprisonment, arguing that it was both procedurally and substantively defective. Among other arguments, defendant contended that his Post-Traumatic Stress Disorder (PTSD),…
Date: November 27, 2012
Docket Number: 11-1240
Justia Opinion Summary: In response to a tariff filing by Northern Natural Gas, FERC issued an interpretation of section 4(f) of the Natural Gas Act, 15 U.S.C. 717c(f). Northern objected to the interpretation and further argued that even if it…
Date: November 27, 2012
Docket Number: 11-1337
Justia Opinion Summary: Erie petitioned for review of the Board's decision finding that Erie violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5). Erie challenged the Board's finding of unlawful refusal…
Date: November 20, 2012
Docket Number: 11-1295
Justia Opinion Summary: Good-Nite withdrew recognition on Unite Here! Local 2 based on anti-union petitions that the Board found were impermissibly tainted by Good-Nite's unlawful assistance to the decertification effort in violation of…
Date: November 16, 2012
Docket Number: 10-5432
Justia Opinion Summary: This appeal was from the denial of a motion for attorneys fees and costs under the citizen-suit provision of the Endangered Species Act (ESA), 16 U.S.C. 1540(g)(4). Appellants sued the FWS, alleging that the agency…
Date: November 9, 2012
Docket Number: 09-3094
Justia Opinion Summary: Defendant filed a motion challenging his sentence pursuant to 28 U.S.C. 2255 after he failed to obtain reversal of his conviction. The motion was filed within the one-year limitation of section 2255(f), but did not…
Date: November 9, 2012
Docket Number: 09-3120
Justia Opinion Summary: Defendant pled guilty to copyright infringement and mail fraud. Pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. 3663A, the district court ordered him to pay restitution to Adobe Systems in an amount…
Date: November 9, 2012
Docket Number: 09-3137
Justia Opinion Summary: Defendant was convicted of drug related offenses and sentenced before Congress passed the Fair Sentencing Act of 2010 (FSA), Pub. L. No. 111-220, section 2, 124 Stat. 2372, which reduced the disparity between the…
Date: November 9, 2012
Docket Number: 11-1113
Justia Opinion Summary: Petitioners challenged the EPA's rulemaking regarding hazardous air pollutants (HAPs). At issue was whether section 112(c)(6) of the Clean Air Act, 42 U.S.C. 7412(c)(6), required the EPA to impose the same stringency…
Date: November 9, 2012
Docket Number: 11-1184
Justia Opinion Summary: Sierra Club challenged a determination of the EPA, which announced that it had met the regulatory obligations imposed on it by section 112(c)(6) of the Clean Air Act (CAA), 42 U.S.C. 7412(c)(6). The court concluded that…
Date: November 2, 2012
Docket Number: 11-1198
Justia Opinion Summary: The Hospital challenged the Board's determination that a "wall to wall" bargaining unit of the Hospital's professional and non-professional employees was appropriate. The court rejected the Hospital's claim that the…
Date: November 2, 2012
Docket Number: 12-5027
Justia Opinion Summary: Military chaplains, all non-liturgical Protestants, alleged that the Navy systematically discriminated against members of their religious denominations in the awarding of promotions. The district court denied plaintiffs'…
Date: October 19, 2012
Docket Number: 07-3054
Justia Opinion Summary: Appellant pleaded guilty to unlawful possession with intent to distribute five grams or more of cocaine base and was sentenced to 210 months of imprisonment, five years of supervised release, and a $100 special…
Date: October 16, 2012
Docket Number: 11-1257
Justia Opinion Summary: This case raised questions about the scope of the Executive's authority to prosecute war crimes under current federal statutes. This particular dispute involved the military commission conviction of petitioner, an al…
Date: October 5, 2012
Docket Number: 10-3114
Justia Opinion Summary: Upon being retried after a mistrial in his criminal case, appellant had requested that two stipulations entered into during his first trial not be enforced. The court joined other circuits in applying the general rule on…
Date: October 5, 2012
Docket Number: 11-5303
Justia Opinion Summary: Appellants filed suit claiming that the FWS had unlawfully denied their requests for permits to import hunting trophies taken from elephant hunts in Zambia in 2005 and 2006. The district court rejected appellants' claims…
Date: October 2, 2012
Docket Number: 11-3037
Justia Opinion Summary: Appellant was convicted of one count of bank robbery and two counts of attempted bank robbery and was sentenced to concurrent terms of 132 months on each count. On appeal, defendant challenged his conviction and…
Date: September 18, 2012
Docket Number: 12-5117
Justia Opinion Summary: Appellee brought a lawsuit challenging 11 C.F.R. 104.20(c)(9), a regulation promulgated by the Federal Election Commission (FEC), that purported to implement section 201(f)(2)(F) of the Bipartisan Campaign Reform Act…
Date: September 4, 2012
Docket Number: 09-3001
Justia Opinion Summary: Defendant was convicted of international drug trafficking and drug trafficking with intent to provide financial support to a terrorist. On appeal, defendant challenged his conviction and life sentence for narcoterrorism.…
Date: August 24, 2012
Docket Number: 11-5241
Justia Opinion Summary: Appellants, researchers in the field of adult stem cells who oppose the use of federal funding for the development of embryonic stem cell (ESC) research, filed a complaint seeking declaratory and injunctive relief…
Date: August 24, 2012
Docket Number: 11-5332
Justia Opinion Summary: The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776, directed the Secretary to issue regulations requiring all cigarette packages manufactured or sold in the United States to bear…
Date: August 21, 2012
Docket Number: 11-1302
Justia Opinion Summary: This appeal stemmed from a petition to review the EPA's August 2011 implementation of the statutory good neighbor requirement, the Transport Rule, also known as the Cross-State Air Pollution Rule, which defined emissions…
Date: August 17, 2012
Docket Number: 10-1380
Justia Opinion Summary: Petitioners, trade associations whose members were part of the petroleum and food industries, filed petitions for review of two Environmental Protection Agency (EPA) decisions approving the introduction of E15 - a blend…
Date: August 17, 2012
Docket Number: 11-5128
Justia Opinion Summary: The Fish and Wildlife Services, an agency in the Department of the Interior, removed the West Virginia Northern Flying Squirrel from the list of endangered species. Friends of Blackwater filed a complaint in the district…
Date: August 14, 2012
Docket Number: 07-1247
Justia Opinion Summary: Underlying this appeal was the case of Center for Biological Diversity v. Interior, in which the Court vacated a five-year program for expanding leases for oil and gas development in the coast of Alaska. The U.S.…
Date: August 14, 2012
Docket Number: 08-3011
Justia Opinion Summary: After a jury trial, Defendant was convicted for conspiracy to distribute narcotics. At issue on appeal was whether the government proved, beyond a reasonable doubt, that Defendant knowingly entered into the conspiracy…
Date: August 14, 2012
Docket Number: 11-1043
Justia Opinion Summary: The Council of the City of New Orleans and the Louisiana Public Service Commission petitioned for review of an order of the Federal Energy Regulatory Commission (FERC) allowing two companies to withdraw from a regional…
Date: August 10, 2012
Docket Number: 10-7060
Justia Opinion Summary: Laura Elkins and her husband, John Robbins, brought suit against the District of Columbia and some of its officials, alleging violations of the Fourth and Fifth Amendments for the search of Elkins' home and the seizure…
Date: August 7, 2012
Docket Number: 10-5405
Justia Opinion Summary: After the State Department terminated the employment of Appellant on his sixty-fifth birthday, Appellant brought suit alleging that his forced retirement violated the federal employment provisions of the Age…
Date: July 31, 2012
Docket Number: 11-7066
Justia Opinion Summary: Karen Feld sued her brother, Kenneth Feld, after Kenneth had her forcibly removed from the building in which he owned a condominium she was visiting. Karen sued Kenneth for assault, battery, and false imprisonment.…
Date: July 27, 2012
Docket Number: 11-5028
Justia Opinion Summary: Appellants were executives at the Purdue Frederick Company when it misbranded the painkiller OxyContin a schedule II controlled substance. The Company was convicted of fraudulent misbranding, and the executives were…
Date: July 27, 2012
Docket Number: 11-5145
Justia Opinion Summary: Thirteen years ago, the Government sued several cigarette manufacturers (Defendants) and related industry organizations for civil violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit…
Date: July 27, 2012
Docket Number: 11-5146
Justia Opinion Summary: Thirteen years ago, the Government sued several tobacco companies for civil violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit asserted that Defendants had conspired to deceive…
Date: July 24, 2012
Docket Number: 10-5434
Justia Opinion Summary: UtahAmerican Energy brought this action against the Department of Labor under FOIA, seeking documents related to government investigations of a collapse at one of its mines. The district court ruled in favor of…
Date: July 24, 2012
Docket Number: 11-1219
Justia Opinion Summary: Pursuant to its authority to regulate "unfair and deceptive" practices in the airline industry, the Department of Transportation issued a final rule entitled "Enhancing Airline Passenger Protections." Spirit Airlines and…
Date: July 24, 2012
Docket Number: 11-1277
Justia Opinion Summary: Sutter East Bay Hospitals sought review of a National Labor Relations Board (Board) order concluding that Sutter East Bay violated the National Labor Relations Act. The Board cross-applied for enforcement of that order.…
Date: July 20, 2012
Docket Number: 05-1097
Justia Opinion Summary: In an earlier decision in this case, the D.C. Circuit Court of Appeals held that Movants, a group of Native American tribes and tribal associations who intervened on behalf of petitioners in the underlying Clean Air Act…
Date: July 20, 2012
Docket Number: 10-1107
Justia Opinion Summary: The National Chicken Council, National Meat Association, and National Turkey Federation petitioned for review of EPA's interpretation of a provision in the Energy Independence and Security Act of 2007. The EPA…
Date: July 20, 2012
Docket Number: 10-1252
Justia Opinion Summary: Several states and state regulatory agencies, together with corporations and industrial associations, petitioned for review of the EPA's rule entitled "Primary National Ambient Air Quality Standard for Sulfur Dioxide"…
Date: July 20, 2012
Docket Number: 11-5069
Justia Opinion Summary: Bassem Youssef, an Egyptian-born American citizen, claimed that his employer, the FBI, (1) discriminated against him on the basis of his national origin after the terrorist attacks of September 11, 2001, by not placing…
Date: July 17, 2012
Docket Number: 10-1079
Justia Opinion Summary: In 2010, the EPA promulgated a final rule adopting a new, one-hour primary national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2). The American Petroleum Institute, the Utility Air Regulatory Group, and…
Date: July 17, 2012
Docket Number: 10-5037
Justia Opinion Summary: The Air Force invoked Exemption 3 of the Freedom of Information Act (FOIA), which covers information specifically exempted from disclosure by statute to deny Newport Aeronautical Sales' request for certain technical…
Date: July 17, 2012
Docket Number: 10-5153
Justia Opinion Summary: In 1993, Plaintiff was convicted of the crimes of threatening to injure a person and manslaughter. In 1997, Congress brought the D.C. parole system under the jurisdiction of the U.S. Parole Commission (USPC). In 2000,…
Date: July 17, 2012
Docket Number: 11-7001
Justia Opinion Summary: Appellant claimed that the Metropolitan police were negligent in the way they responded to her fears that she was sexually assaulted. The district court granted summary judgment against her claims on the ground that the…
Date: July 13, 2012
Docket Number: 09-3096
Justia Opinion Summary: Defendant was convicted following a jury trial of multiple offenses, including possession of a firearm as a convicted felon, related to the shooting of an undercover agent of the Bureau of Alcohol, Tobacco, Firearms, and…
Date: July 13, 2012
Docket Number: 10-5337
Justia Opinion Summary: This appeal was the latest step in a long-running controversy over the use of post office sidewalks to gather signatures on petitions. Before the D.C. Circuit Court of Appeals in this case was a facial challenge to a ban…
Date: July 13, 2012
Docket Number: 10-5354
Justia Opinion Summary: Carlos Marino, who was incarcerated for a conviction for drug conspiracy, submitted a request to the Drug Enforcement Administration (DEA) under the Freedom of Information Act (FOIA), seeking documents that Marino…
Date: July 13, 2012
Docket Number: 11-1094
Justia Opinion Summary: The Rural Cellular Association and the Universal Service for America Coalition (together the RCA) petitioned for review of an order of the FCC amending he "interim cap rule," which limited at 2008 levels the amount of…
Date: July 13, 2012
Docket Number: 11-5194
Justia Opinion Summary: Plaintiff was a black male who worked in the United State Department of Agriculture's (Department) Foreign Agricultural Service. Plaintiff's employment was terminated after it was discovered that Plaintiff submitted…
Date: July 13, 2012
Docket Number: 11-7037
Justia Opinion Summary: Plaintiff, a former British soldier, was severely wounded in an ambush in Afghanistan, where he was working for a private security contractor. Plaintiff sued the transport company that furnished the helicopter he flew in…
Date: July 10, 2012
Docket Number: 10-5014
Justia Opinion Summary: Appellee, an employee of the FBI, alleged that FBI officials retaliated against him in violation of Title VII of the Civil Rights Act of 1964 when, by reporting unfounded security concerns to the Bureau's Security…
Date: July 6, 2012
Docket Number: 11-1083
Justia Opinion Summary: Intercollegiate Broadcasting, Inc. appealed a final determination of the Copyright Royalty Judges (CRJs) setting the default royalty rates and terms applicable to internet-based webcasting of digitally recorded music.…
Date: July 3, 2012
Docket Number: 08-3027
Justia Opinion Summary: Appellant pled guilty to racketeer influenced corrupt organization conspiracy and was sentenced to a term of imprisonment. Appellant appealed, arguing that his conviction was obtained in violation of Kastigar v. United…
Date: July 3, 2012
Docket Number: 10-1382
Justia Opinion Summary: In 2005, Chevron Mining, Inc. (CMI) amended its employee bonus plan in response to the decision of the United Mine Workers of America to call "memorial period" work stoppages. The National Labor Relations Board (Board)…
Date: June 29, 2012
Docket Number: 10-1352
Justia Opinion Summary: Atrium at Princeton owned and operated a nursing home. The National Labor Relations Board (Board) held Atrium committed various unfair labor practices in connection with its negotiations for new collective bargaining…
Date: June 26, 2012
Docket Number: 09-1322
Justia Opinion Summary: Following the Supreme Court's decision in Massachusetts v. EPA, the EPA promulgated a series of greenhouse gas-related rules: (1) an Endangerment Finding, in which the EPA determined that greenhouse gases may "reasonably…
Date: June 26, 2012
Docket Number: 11-1168
Justia Opinion Summary: The Vermont Department of Public Service and the New England Coalition petitioned for review of a decision of the Nuclear Regulatory Commission (NRC) issuing to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear…
Date: June 22, 2012
Docket Number: 09-3134
Justia Opinion Summary: Edwina Bigesby was sentenced to ten years' imprisonment for various drug-related offenses, including possession with intent to distribute fifty grams or more of crack cocaine. Bigesby appealed, contending her convictions…
Date: June 22, 2012
Docket Number: 10-1183
Justia Opinion Summary: In 2008, the EPA issued a rule regulating renovation and remodeling activities that create health hazards arising from lead paint. The rule contained an "opt-out" provision, which exempted owner-occupied housing from the…
Date: June 22, 2012
Docket Number: 11-1199
Justia Opinion Summary: The National Labor Relations Board (NLRB) sought enforcement of an order finding Downtown BID (the Company), a non-profit business improvement corporation, committed an unfair labor practice when it refused to bargain…
Date: June 22, 2012
Docket Number: 11-1242
Justia Opinion Summary: 106 Ltd. (Partnership), a limited partnership, appearing through its tax matters partner David Palmlund, appealed a decision of the United States Tax Court upholding the imposition of a forty per cent accuracy-related…
Date: June 22, 2012
Docket Number: 11-5133
Justia Opinion Summary: Assistant United States Attorney Richard Convertino led the prosecution of the Detroit Sleeper Cell defendants in 2003. Convertino was later removed from the case for alleged violations committed during the prosecution.…
Date: June 22, 2012
Docket Number: 11-7082
Justia Opinion Summary: This case was a part of a long-running and sprawling international litigation battle in which various indigenous Ecuadorian groups claimed that Chevron Corporation was liable for environmental harm caused in the Amazon…
Date: June 22, 2012
Docket Number: 11-7101
Justia Opinion Summary: RSM Production Corporation brought a complaint against a law firm and two of its partners ("Freshfields"), alleging that Freshfields, through its representation of the nation of Grenada in international arbitration,…
Date: June 19, 2012
Docket Number: 11-1082
Justia Opinion Summary: Petitioner, a Russian citizen, petitioned the court to review the default order the SEC entered against him for failing to respond to administrative proceedings initiated by the SEC on allegations that he violated…
Date: June 15, 2012
Docket Number: 11-5209
Justia Opinion Summary: Appellee, a government contractor, underwent military detention in Iraq. After his release, he filed this action in the district court alleging claims under the Detainee Treatment Act (DTA), 42 U.S.C. 2000dd et seq., and…
Date: June 12, 2012
Docket Number: 11-5010
Justia Opinion Summary: Appellant, a Jewish American by birth who has lived in Israel as an Israeli national for over a decade, sought a Certificate of Loss of Nationality (CLN) from the Department of State, claiming that he was entitled to the…
Date: June 12, 2012
Docket Number: 11-7097
Justia Opinion Summary: This case arose when some Ecuadorian citizens sued Chevron in an Ecuador court, alleging that Chevron was responsible for environmental damage there. As the proceedings in Ecuador unfolded, Chevron sued the Ecuadorian…
Date: June 12, 2012
Docket Number: 12-1077
Justia Opinion Summary: In January 2012, the EPA promulgated an interim final rule (IFR) to permit manufacturers of heavy-duty diesel engines to pay nonconformance penalties (NCPs) in exchange for the right to sell noncompliant engines.…
Date: June 8, 2012
Docket Number: 09-1038
Justia Opinion Summary: API petitioned for review of a 2008 EPA regulation deregulating many "hazardous secondary materials" under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k. After the parties completed briefing,…
Date: June 8, 2012
Docket Number: 10-1300
Justia Opinion Summary: The NLRB held that Du Pont engaged in an unfair labor practice by unilaterally implementing changes to its employee benefits program while it was between collective bargaining agreements with two local unions. Because…
Date: June 8, 2012
Docket Number: 11-1045
Justia Opinion Summary: Petitioners petitioned the court for review of the Commission's rulemaking regarding temporary storage of permanent disposal of nuclear waste. The court held that the rulemaking issue constituted a major federal action…
Date: June 8, 2012
Docket Number: 11-5135
Justia Opinion Summary: The Union challenged the constitutionality of a random drug testing policy applicable to all employees working at Job Corps Civilian Conservation Centers operated by the U.S. Forest Service. The district court granted…
Date: June 8, 2012
Docket Number: 11-7029
Justia Opinion Summary: The Libertarian Party, along with its 2008 presidential candidate Bob Barr, contended that the District's failure to report the number of votes cast for Barr violated the First and Fifth Amendments. The district court…
Date: June 8, 2012
Docket Number: 11-7084
Justia Opinion Summary: Five Medicaid recipients filed a class action against the District, alleging that the District systematically denied Medicaid coverage of prescription medications without providing the written notice required by federal…
Date: June 5, 2012
Docket Number: 08-3082
Justia Opinion Summary: Defendants were convicted for their roles in a PCP-distribution enterprise. Defendants challenged their convictions on various grounds. The court held that the district court did not abuse its discretion by denying…
Date: June 5, 2012
Docket Number: 10-5277
Justia Opinion Summary: In 1995, two non-profit hospitals consolidated to form Pinnacle. Pinnacle subsequently submitted a Medicare reimbursement claim for the losses the hospitals had incurred through the sale of their depreciable assets in…
Date: June 5, 2012
Docket Number: 11-5174
Justia Opinion Summary: The Association filed suit, under the Administrative Procedure Act (APA), 5 U.S.C. 706, and the Constitution, challenging the State Authorization, Compensation, and Misrepresentation Regulations the Department of…
Date: June 5, 2012
Docket Number: 11-7043
Justia Opinion Summary: Plaintiff filed a breach of contract action seeking over $12 million from the Royal Family Al-Saud and sixteen of its members (collectively, defendants) for failing to pay him for artwork he alleged they commissioned.…
Date: June 1, 2012
Docket Number: 10-7109
Justia Opinion Summary: This case arose when plaintiffs sued defendants alleging various violations of federal and state law in connection with defendants' involvement in the satellite communications industry. Plaintiffs appealed the district…
Date: June 1, 2012
Docket Number: 11-1066
Justia Opinion Summary: Petitioners, nuclear power plant owners and operators, sought review of a November 2010 determination by the Secretary of Energy finding that there was no basis for suspending, or otherwise adjusting, annual fees…
Date: June 1, 2012
Docket Number: 11-1281
Justia Opinion Summary: After the Air Force announced it would conduct a reduction-in-force (RIF) at Luke Air Force Base, the Union made several proposals about how the RIF should be conducted and asked the Air Force to enter into negotiations.…
Date: June 1, 2012
Docket Number: 11-5092
Justia Opinion Summary: Plaintiff, a former employee of the Library of Congress, brought this action against, inter alia, his former supervisor (defendant), alleging that his termination for publication of articles critical of high-level public…
Date: June 1, 2012
Docket Number: 11-5265
Justia Opinion Summary: Suppliers appealed the district court's dismissal of their action against the Secretary of the Department of Health and Human Services and the Administrator of the Centers for Medicare and Medicaid Services (CMS).…
Date: June 1, 2012
Docket Number: 12-1118
Justia Opinion Summary: On July 16, 2010, the court remanded this case to the Secretary of the State Department, concluding that the Secretary had violated the due process rights of PMOI by maintaining its designation as a Foreign Terrorist…
Date: May 25, 2012
Docket Number: 10-5350
Justia Opinion Summary: Appellant appealed the district court's dismissal of his claim challenging his separation under the Army Qualitative Management Program (QMP) for failure to "meet Army standards." Appellant argued that because an…
Date: May 25, 2012
Docket Number: 11-7093
Justia Opinion Summary: GSS Group brought this action to confirm a foreign arbitration award against the Port Authority of Liberia. The district court dismissed the petition for lack of personal jurisdiction after concluding that the Port…
Date: May 22, 2012
Docket Number: 11-5205
Justia Opinion Summary: This was an appeal from the approval of a class action settlement agreement related to the Secretary of the Interior's breach of duty to account for funds held in trust for individual Native Americans. The court…
Date: May 18, 2012
Docket Number: 11-5117
Justia Opinion Summary: Plaintiff applied for a position as Director of the Library of Congress and when he was passed over for the job, he claimed that the Library of Congress violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e…
Date: May 18, 2012
Docket Number: 11-5256
Justia Opinion Summary: Shelby County contended that when Congress reauthorized section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c(a), in 2006, it exceeded its enumerated powers. The district court disagreed and granted summary…
Date: May 18, 2012
Docket Number: 11-5349
Justia Opinion Summary: Plaintiffs brought suit challenging the constitutionality of section 5 of the Voting Rights Act (VRA), 42 U.S.C. 1973c, arguing that, as amended by the VRA's 2006 reauthorization, section 5 exceeded the powers granted to…
Date: May 15, 2012
Docket Number: 11-5049
Justia Opinion Summary: Plaintiffs, individuals claiming to be the Tribal Council of the Timbisha Shoshone, argued that the Western Shoshone Claims Distribution Act, Pub. L. No. 108-270, section 3, 118 Stat. 805, 806, was an unconstitutional…
Date: May 15, 2012
Docket Number: 11-7039
Justia Opinion Summary: Plaintiff brought this qui tam suit alleging that the District of Columbia and its schools violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, by submitting a Medicaid reimbursement claim without maintaining…
Date: May 11, 2012
Docket Number: 10-1412
Justia Opinion Summary: Trump Plaza sought review of an order of the Board, in which the Board concluded that Trump Plaza violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to…
Date: May 11, 2012
Docket Number: 11-5233
Justia Opinion Summary: EPIC filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request with the NSA seeking disclosure of any communications between NSA and Google regarding encryption and cyber security. EPIC's FOIA request arose out of…
Date: May 8, 2012
Docket Number: 11-5161
Justia Opinion Summary: States both appealed the district court's grants of summary judgment in favor of HHS, which upheld HHS's disallowance of certain Medicaid claims for Federal Financial Participation (FFP) as ineligible for "medical…
Date: May 4, 2012
Docket Number: 10-3059
Justia Opinion Summary: Defendant pled guilty to conspiracy to provide material support to a foreign terrorist organization. On appeal, defendant sought to vacate her sentence and remand the case for a new arraignment. The court rejected…
Date: April 20, 2012
Docket Number: 11-1054
Justia Opinion Summary: The Union filed charges against the Company alleging that the Company had committed multiple unfair labor practices in violation of the National Labor Relations Act, 29 U.S.C. 158(a)(3), (1), by suspending and…
Date: April 20, 2012
Docket Number: 11-1191
Justia Opinion Summary: Taxpayer appealed a judgment of the Tax Court rejecting two contentions: first, a constitutional claim that certain employees of the IRS's Office of Appeals were "Officers of the United States," so that their…
Date: April 17, 2012
Docket Number: 11-1021
Justia Opinion Summary: Mobil petitioned for review of the Commission's denial of Mobil's application for permission to charge market-based rates on Pegasus, in light of the competitiveness of the Western Canadian crude oil market and Pegasus's…
Date: April 17, 2012
Docket Number: 11-1098
Justia Opinion Summary: This case arose when petitioner, a hotel and casino, contracted with a restaurant corporation, which operated restaurants on petitioner's property. The primary issue raised by petitioner in this case was whether a…
Date: April 17, 2012
Docket Number: 11-1117
Justia Opinion Summary: The Postal Service sought review of the Commission's 2010 Annual Compliance Determination (ACD), which found in part that the rates for a particular product - Standard Mail Flats - were in violation of 39 U.S.C. 101(d)'s…
Date: April 17, 2012
Docket Number: 11-1260
Justia Opinion Summary: This is an appeal from the denial of attorneys fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504(a)(1). After commencing an administrative civil penalties proceeding, the FAA withdrew its complaint and the…
Date: April 17, 2012
Docket Number: 11-1303
Justia Opinion Summary: This case arose out of an accident in which an 81-year-old truck driver for Bob Orton Trucking Co., was killed by a large pipe that fell off of his truck during a delivery to the Kennecott Utah Copper Mine. Petitioner…
Date: April 17, 2012
Docket Number: 11-7033
Justia Opinion Summary: Plaintiffs brought an action arising under 42 U.S.C. 1983 against a number of MPD law enforcement personnel, asserting, inter alia, that various officers and their supervisors violated plaintiffs' Fourth Amendment rights…
Date: April 13, 2012
Docket Number: 11-1269
Justia Opinion Summary: Manufacturers obtained authorization from the Board to discontinue service over its entire system but the Board did not apply its entire-system exception. Instead, the Board required Manufacturers to pay dismissal…
Date: April 13, 2012
Docket Number: 11-5017
Justia Opinion Summary: Plaintiff sued United States Attorney General Eric Holder, alleging that the FBI refused to hire him as a special agent because of his Type I diabetes in violation of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.…
Date: April 13, 2012
Docket Number: 11-5033
Justia Opinion Summary: Plaintiffs, parents of children who were eligible to receive a free and appropriate public education, filed suit to challenge the exclusion of mapping of cochlear implants from the regulatory definition of "related…
Date: April 13, 2012
Docket Number: 11-5065
Justia Opinion Summary: Plaintiffs, owners of two dairy operations, appealed the dismissal of their constitutional challenges to two provisions of the Milk Regulatory Equity Act of 2005 (MREA), 7 U.S.C. 608c. Plaintiffs alleged that the…
Date: April 6, 2012
Docket Number: 11-1106
Justia Opinion Summary: OSHA cited and fined petitioner for failing to properly record certain workplace injuries and for failing to properly maintain its injury log between January 2002 and April 2006. OSHA issued the citations in November…
Date: April 6, 2012
Docket Number: 11-5116
Justia Opinion Summary: This was an appeal from the denial of declaratory and injunctive relief against the foreclosure sale of an apartment complex for elderly and disabled low-income residents by HUD. The complex was funded by Section 811 of…
Date: April 3, 2012
Docket Number: 10-5385
Justia Opinion Summary: The Postal Service determined, in two informal adjudications, that PenAir was qualified to carry "nonpriority bypass mail" on five Alaska routes. The Postal Service acted pursuant to the Rural Service Improvement Act of…
Date: March 30, 2012
Docket Number: 09-5253
Justia Opinion Summary: Plaintiffs filed derivative actions asserting claims against Fannie Mae's directors regarding accounting irregularities. The district court entered three orders now on appeal, substituting Fannie Mae's conservator, the…
Date: March 27, 2012
Docket Number: 10-1381
Justia Opinion Summary: Occidental and a number of its subsidiaries petitioned for review of final orders of the FERC granting negotiated rate authority to Tres Amigas, a proposed energy transmission project. Occidental argued that Tres Amigas…
Date: March 23, 2012
Docket Number: 11-1104
Justia Opinion Summary: The Board sought enforcement of its order directing the Company to bargain in good faith with the Union. The Company, in its petition for review, contested the Board's certification of the election in which the Union was…
Date: March 20, 2012
Docket Number: 10-7168
Justia Opinion Summary: This case involved a dispute over operation of an Exxon gas station located next to the Watergate in Washington, D.C. Metroil sued Exxon and Anacostia, claiming three violations of federal and D.C. law relating to the…
Date: March 16, 2012
Docket Number: 11-1019
Justia Opinion Summary: PTO sought review of a decision of the FLRA upholding an arbitrator's award in favor of the Union. The arbitrator concluded that PTO committed an unfair labor practice in violation of the Federal Service Labor-Management…
Date: March 13, 2012
Docket Number: 10-7106
Justia Opinion Summary: This case arose when plaintiffs filed a class action complaint under 42 U.S.C. 1983, alleging that the District was violating the Medicaid Act, 42 U.S.C. 1396 et seq. Since 1993, a consent decree has governed how the…
Date: March 13, 2012
Docket Number: 11-1107
Justia Opinion Summary: Registered nurses working for Veritas voted to make the United Nurses Associations of California/Union of Health Care Professionals (Union) their bargaining representative. Veritas would not bargain with the Union…
Date: March 13, 2012
Docket Number: 11-5035
Justia Opinion Summary: Plaintiffs opposed the use of vaccines that contain thimerosal, a mercury-based preservative, and believed that vaccines containing mercury harm young children and pregnant women. Plaintiffs filed an action alleging that…
Date: March 9, 2012
Docket Number: 10-1400
Justia Opinion Summary: Three related companies that operate New Jersey nursing homes petitioned for review of a Board decision. The Board found that petitioners violated the National Labor Relations Act, 29 U.S.C. 151 et seq., by refusing to…
Date: March 6, 2012
Docket Number: 09-5085
Justia Opinion Summary: Between defendant's first and second trials, he filed a pro se complaint alleging that federal officials violated the Fourth Amendment by conducting warrantless searches of his apartment and a warehouse leased in his…
Date: March 6, 2012
Docket Number: 10-1362
Justia Opinion Summary: Dayton was served with a citation alleging over 100 willful violations of the Occupational Safety and Health Act, 29 U.S.C. 654. Dayton contested the citation and by 1997, its appeal was before the Occupational Safety…
Date: March 6, 2012
Docket Number: 11-1313
Justia Opinion Summary: The Association petitioned for review of the Commission's interpretation of statutory language contained in a provision of the amended Fair Credit Reporting Act, 15 U.S.C. 1681m(h). The Commission announced this…
Date: March 2, 2012
Docket Number: 10-1406
Justia Opinion Summary: Comau sought review of a decision of the Board affirming the finding of an ALJ that Comau committed an unfair labor practice (ULP) in violation of section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C.…
Date: March 2, 2012
Docket Number: 11-5053
Justia Opinion Summary: Appellant alleged that his employer, the United States Customs and Border Protection Agency, repeatedly rejected him for promotions in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and…
Date: March 2, 2012
Docket Number: 11-5114
Justia Opinion Summary: Noble Energy and other lessees sued in the Court of Federal Claims, alleging that application of the Coastal Zone Management Act, 16 U.S.C. 1451-1464, suspension requests constituted a material breach of their lease…
Date: February 28, 2012
Docket Number: 09-3091
Justia Opinion Summary: Defendant pled guilty to one count of transportation of child pornography and one count of possession of child pornography. On appeal, defendant challenged the duration and conditions of his supervised release. As a…
Date: February 28, 2012
Docket Number: 10-7174
Justia Opinion Summary: McKesson, a United States company, claimed that after the Islamic Revolution, the government of Iran expropriated McKesson's interest in an Iranian dairy (Pak Dairy) and withheld its dividend payments. McKesson filed its…
Date: February 24, 2012
Docket Number: 10-1004
Justia Opinion Summary: Petitioners sought partial vacation of a final rule designating certain areas of nonattainment for the 2006 24-hour fine particulate matter standard. Petitioners challenged the inclusion of parts of Tooele and Box Elder…
Date: February 24, 2012
Docket Number: 11-3020
Justia Opinion Summary: Defendant challenged the denial of his motion to suppress evidence and his sentence after he entered a conditional plea to possession of a firearm by a person previously convicted of a felony. The court held that the…
Date: February 21, 2012
Docket Number: 10-5393
Justia Opinion Summary: Appellants, as representatives of the estates of their deceased sons, brought this action against federal officials and employees in district court seeking money damages relating to the alleged mistreatment and eventual…
Date: February 21, 2012
Docket Number: 11-1215
Justia Opinion Summary: Several company operators filed a complaint against petitioner with the FCC, which ruled that petitioner's increased pole attachment rates violated the Pole Attachment Act, 47 U.S.C. 224(d), and the FCC's implementing…
Date: February 21, 2012
Docket Number: 11-5127
Justia Opinion Summary: Appellant sued to recover $373.00 in expenses he incurred from the alleged unlawful levy of his social security benefits under 26 U.S.C. 7433. The district court concluded that appellant's suit was untimely because he…
Date: February 17, 2012
Docket Numbers: 09-1112, 10-1058
Justia Opinion Summary: Petitioner filed a petition with the court, purporting to challenge the NRC's decision to reinstate the Tennessee Valley Authority's (TVA) construction permits for the Bellefonte Nuclear Plant. Petitioner stated that it…
Date: February 17, 2012
Docket Numbers: 10-1328, 10-1385
Justia Opinion Summary: This appeal focused on two Decisions and Orders issued by the Board. Allied petitioned for review to challenge certain aspects of the Board's actions and the Board cross-petitioned for enforcement. The principal issue on…
Date: February 17, 2012
Docket Number: 10-7030
Justia Opinion Summary: Plaintiffs, Chapour Bakhtiar's family members, asserted that Iran was responsible for Bakhtiar's murder and filed suit in U.S. District Court against Iran and an Iranian government agency. Plaintiffs brought claims under…
Date: February 10, 2012
Docket Number: 11-3068
Justia Opinion Summary: Defendant was indicted for charges related to a premeditated murder while armed. At issue was whether defendant's statements, which the government conceded the police obtained in violation of his rights under Miranda v.…
Date: February 7, 2012
Docket Number: 09-1231
Justia Opinion Summary: Braintree, and other municipally owned utilities in southeastern Massachusetts, petitioned for review of four orders of the Commission. The orders denied petitioners' claim that they were being unjustly charged in order…
Date: February 7, 2012
Docket Number: 11-1102
Justia Opinion Summary: The Department petitioned for review of a decision of the Authority that adopted a new standard to determine when a negotiated contract provision was an "appropriate arrangement" under 5 U.S.C. 7106(b)(3) and an agency…
Date: February 7, 2012
Docket Number: 11-5076
Justia Opinion Summary: Plaintiffs sued the Government, seeking to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs. Plaintiffs wanted to disclaim their legal entitlement to such benefits because their…
Date: February 3, 2012
Docket Number: 10-7135
Justia Opinion Summary: This case arose when Conrail sold its Harsimus Embankment in Jersey City to developers. The City, together with others interested in the historic and environmental value of the Embankment, sued Conrail alleging that the…
Date: January 27, 2012
Docket Number: 10-5043
Justia Opinion Summary: Plaintiff contended that his supervisor at the Department of State gave him negative performance reviews in retaliation for his opposition to discriminatory conduct, in violation of Title VII of the Civil Rights Act of…
Date: January 20, 2012
Docket Number: 10-1340
Justia Opinion Summary: Petitioner sought review of a decision of the Board affirming the findings of an ALJ that petitioner committed eight unfair labor practices (ULPs) in violation of section 8(a)(1) and (5) of the National Labor Relations…
Date: January 20, 2012
Docket Number: 10-7071
Justia Opinion Summary: This case was before the court on appeal and cross-appeal from the judgment of the district court ordering attorney Leonard Suchanek to pay his former client, Kevin So, an amount representing a portion of the legal fees…
Date: January 20, 2012
Docket Number: 11-3024
Justia Opinion Summary: Defendant pled guilty to a one-count information charging a conspiracy with three objects: bribery of federal officials; money-or-property mail and wire fraud; and honest services mail and wire fraud. Defendant…
Date: January 17, 2012
Docket Number: 08-1349
Justia Opinion Summary: El Paso operated an interstate pipeline that transported natural gas to California and other western states, and Freeport shipped gas on El Paso's pipeline to power its various mining, smelting, and refining facilities.…
Date: January 17, 2012
Docket Number: 09-3012
Justia Opinion Summary: Defendant was convicted of illegally possessing a firearm as a convicted felon. Defendant subsequently appealed the district court's dismissal of his habeas petition seeking relief for ineffective assistance of counsel.…
Date: January 17, 2012
Docket Number: 10-1313
Justia Opinion Summary: The petition for review before the court arose from a dispute between the IURC and PJM, which, subject to the Commission's oversight, operated the market for wholesale electricity in the District of Columbia and all or…
Date: January 17, 2012
Docket Number: 10-5419
Justia Opinion Summary: Appellant, an African American man employed by the IRS, alleged that the IRS discriminated against him on the basis of race and gender when it awarded a temporary detail and then a permanent promotion to a white female…
Date: January 17, 2012
Docket Number: 10-7101
Justia Opinion Summary: Roger Rudder, two other adults, and two juveniles sued the District of Columbia and two Metropolitan Police officers for using excessive force against them at the 2008 Caribbean Carnival Parade in violation of their…
Date: January 17, 2012
Docket Number: 11-5023
Justia Opinion Summary: Plaintiff, a DEA special agent, was presenting in front of a group of about 50 children and parents at a community center, where he displayed his DEA-issued firearm while discussing gun safety, when his firearm…
Date: January 17, 2012
Docket Number: 11-7021
Justia Opinion Summary: The Republic of Argentina appealed the denial of its motion to vacate an arbitral award on the principal ground that the arbitral panel exceeded its authority by ignoring the terms of the parties' agreement. The court…
Date: January 13, 2012
Docket Number: 10-1304
Justia Opinion Summary: In the mid-1990's, the Navy began providing employees with bottled water after an EPA report indicated that water fountains in some Navy buildings in Newport contained components manufactured with lead. Beginning in…
Date: January 13, 2012
Docket Number: 10-7167
Justia Opinion Summary: This case involved a petition to confirm and enforce a foreign arbitration award against the Government of Belize pursuant to section 207 of the Federal Arbitration Act, 9 U.S.C. 207. The facts underlying the issuance of…
Date: January 6, 2012
Docket Number: 07-3106
Justia Opinion Summary: Defendant was tried for various crimes arising from his involvement with the M Street Crew, a gang in Washington D.C., and was found guilty of narcotics conspiracy, participation in a Racketeer Influenced Corrupt…
Date: January 6, 2012
Docket Number: 10-1410
Justia Opinion Summary: This case arose when Southern Power terminated its service agreement with Georgia Power, represented by Local 84, and Alabama Power, represented by Local 801-1, taking over four electricity generating plants' operations.…
Date: January 6, 2012
Docket Number: 11-1018
Justia Opinion Summary: Republic challenged an order of the DOT withdrawing two Republic "slot exemptions" at Reagan National and reallocating those exemptions to Sun Country. "Slots" were take-off and landing rights. In both an informal letter…
Date: January 3, 2012
Docket Number: 11-5118
Justia Opinion Summary: Appellants, manufacturers, distributors, and users of ear candles, along with organizations that advocate the use of holistic health remedies like ear candles, challenged warning letters the FDA issued to several…
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