2014 D.C. Circuit US Court of Appeals Case Law
Date: December 30, 2014
Docket Number: 11-3097
Justia Opinion Summary: Defendant, convicted of drug possession offenses and firearm offenses, appealed the district court's denial of his pretrial motion to suppress evidence. Defendant argued that the government's search warrant affidavit did…
Date: December 30, 2014
Docket Number: 13-7036
Justia Opinion Summary: Plaintiff filed suit against defendants in state court, challenging the foreclosure proceedings that ultimately resulted in the sale of his property. Defendants removed to federal court and moved for judgment on the…
Date: December 30, 2014
Docket Number: 13-7141
Justia Opinion Summary: Appellant filed suit against the Republic of Cuba and others in Florida state court, alleging that appellees tortured appellant and that appellant continues to suffer the consequences of the torture. Appellant was…
Date: December 30, 2014
Docket Number: 13-7185
Justia Opinion Summary: John Tyler and his wife filed suit seeking damages from various companies that manufacture products containing asbestos that he had been exposed. After Tyler died from a form of lung cancer caused by asbestos, Stephen…
Date: December 23, 2014
Docket Number: 12-1321
Justia Opinion Summary: In 2008, EPA revised and strengthened the standards for ozone under the Clean Air Act (CAA), 42 U.S.C. 7401 et seq. At issue are two challenges to EPA's regulations: first, EPA allowed affected regions more time to…
Date: December 23, 2014
Docket Number: 13-5228
Justia Opinion Summary: 101 environmental groups filed a petition with EPA asking it to regulate spent lead bullets and shot. The environmental groups invoked section 21 of the Toxic Substance Control Act, 15 U.S.C. 2601(a)(1), which allows any…
Date: December 23, 2014
Docket Number: 13-7147
Justia Opinion Summary: The family of Reverend Dong Shik Kim filed suit against the North Korean government, by invoking the terrorism exception of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1604, alleging that it abducted him,…
Date: December 19, 2014
Docket Number: 12-5297
Justia Opinion Summary: Haselwander, an Army veteran, served in Vietnam and was honorably discharged in 1974. During his tour of duty Haselwander was wounded and knocked unconscious when an enemy rocket exploded near his sleeping quarters. He…
Date: December 19, 2014
Docket Number: 13-1174
Justia Opinion Summary: “Musical work” and the owner’s exclusive right to perform the work in public are protected by 17 U.S.C. 106(4). Broadcast of a musical work is a performance and requires a license from the copyright owner. Copyright Act…
Date: December 19, 2014
Docket Number: 13-7027
Justia Opinion Summary: Brown, a black female law professor at the University of the District of Columbia School of Law (DCSL), had worked for DCSL in various capacities for more than 20 years when she applied for tenure and promotion. The…
Date: December 19, 2014
Docket Number: 13-7077
Justia Opinion Summary: Bus driver Bumpass hit the brakes as he approached a stop sign. Robinson, a standing passenger on the bus, fell backward and broke her leg. Robinson sued WMATA, claiming that Bumpass violated WMATA’s standard operating…
Date: December 19, 2014
Docket Number: 13-7081
Justia Opinion Summary: The Neutrality Act, 18 U.S.C. 962, passed in 1794, is generally recognized as the first instance of municipal legislation in support of the obligations of neutrality. The Act makes it unlawful to furnish, fit out, or arm…
Date: December 16, 2014
Docket Number: 13-1313
Justia Opinion Summary: TPI filed a rate complaint with the STB, alleging that numerous CSX common carrier rates were unreasonable and CSX moved for an expedited procedure with respect to questions related to market dominance. The Board granted…
Date: December 16, 2014
Docket Number: 13-5038
Justia Opinion Summary: Plaintiff filed suit against his employer, the GPO, alleging unlawful discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The district court granted summary…
Date: December 16, 2014
Docket Number: 13-7093
Justia Opinion Summary: Bibeau appealed the district court's grant of summary judgment and order directing it, as a related person to a disabled miner's former employer, to pay health insurance premiums, interest, and liquidated damages to the…
Date: December 16, 2014
Docket Number: 13-7154
Justia Opinion Summary: Plaintiff filed suit alleging that BAE had tortiously interfered with his at-will employment arrangement in violation of District of Columbia law. Plaintiff filed a diversity case in federal district court but would like…
Date: December 12, 2014
Docket Number: 13-7095
Justia Opinion Summary: Plaintiff filed a class action suit against his former employer, Harman, under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., alleging that Harman breached its fiduciary duties by making…
Date: December 12, 2014
Docket Number: 14-5076
Justia Opinion Summary: Plaintiff, a trade group representing federal contractors, filed suit challenging the Department's revision of regulations requiring contractors to extend an invitation to job applicants to advise the contractor whether…
Date: December 5, 2014
Docket Number: 13-1155
Justia Opinion Summary: LaPSC sought review of FERC's order denying refunds to certain Louisiana-based utility companies for payments they made pursuant to a cost classification later found to be unjust and unreasonable. In denying LaPSC's…
Date: December 2, 2014
Docket Number: 13-1184
Justia Opinion Summary: Petitioners sought review of an order issued by FERC directing Midland, an Iowa electric utility, to reconnect to a wind generator within its territory. Because FERC never purported to adopt a general rule on…
Date: December 2, 2014
Docket Number: 13-3034
Justia Opinion Summary: Defendant appealed his conviction for four counts related to his role in a conspiracy to distribute narcotics. The court concluded that the district court did not err in denying defendant's motion to suppress evidence of…
Date: December 2, 2014
Docket Number: 13-5245
Justia Opinion Summary: The County filed suit against the Department, challenging the Secretary's approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians and the State of California. The Tribe sought to intervene after…
Date: December 2, 2014
Docket Number: 13-7071
Justia Opinion Summary: Relator filed suit against defendants under the False Claims Act (FCA), 31 U.S.C. 3729, alleging that defendants imported pencils that they knew were made in China, avoided paying substantial antidumping duties imposed…
Date: December 2, 2014
Docket Number: 14-1018
Justia Opinion Summary: After petitioner settled a suit in which the Commission filed a civil complaint against him for committing various securities law violations, petitioner agreed in a consent judgment that he would not contest the…
Date: November 25, 2014
Docket Number: 13-7115
Justia Opinion Summary: Plaintiff filed suit against the Fund, asserting claims for assault, false imprisonment, and intentional infliction of emotional distress. The Fund's motion to dismiss was converted into a discovery dispute when the…
Date: November 14, 2014
Docket Number: 13-5137
Justia Opinion Summary: PIABA filed a Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request seeking records related to the SEC's audits, inspections, and reviews of FINRA's arbitration program. The Commission argued that Exemption 8…
Date: November 14, 2014
Docket Number: 13-5168
Justia Opinion Summary: USAID entered a contract with a private consulting firm, DAI, to provide humanitarian support to groups within Cuba pursuant to the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. 6021 et seq.…
Date: November 14, 2014
Docket Numbers: 13-5368, 13-5371, 14-5021
Justia Opinion Summary: At issue in these consolidated cases is whether a regulatory accommodation for religious nonprofit organizations that permit them to opt out of the contraceptive coverage requirement under the Patient Protection and…
Date: November 7, 2014
Docket Number: 11-1310
Justia Opinion Summary: Mathew filed suit challenging the Board's order in this case, raising a Recess Appointments Clause challenge. A panel of three Board members decided Mathew's case and Mathew argues that one of those three members, Craig…
Date: November 7, 2014
Docket Number: 13-5147
Justia Opinion Summary: Alaska filed suit challenging the Forest Service's Roadless Rule in 2011. In 2001, the Forest Service adopted the Rule, which prohibited road construction, road reconstruction, and timber harvesting on millions of acres…
Date: October 31, 2014
Docket Number: 11-3003
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to four counts of hostage-taking where he kidnapped 16 civilians in the Philippines. The court rejected defendant's claim that the district court should have applied…
Date: October 31, 2014
Docket Number: 13-1220
Justia Opinion Summary: This case concerns Congress's requirement that the FCC establish rules prescribing a Uniform System of Accounts for use by telephone companies. The Commission adopted a new accounting system in 1986 (Part 32) to respond…
Date: October 28, 2014
Docket Number: 13-1068
Justia Opinion Summary: In 2011, SecurityPoint filed suit against TSA for infringement of a patent covering some equipment and methods used in the Bin Advertising Program. In 2012, TSA modified the Program, amending the Memorandum of…
Date: October 24, 2014
Docket Number: 12-1228
Justia Opinion Summary: Petitioners seek vacatur of OSHA's Final Rule revising its Hazard Communication Standard requiring employers across industries to develop a program for classifying the dangers of workplace chemicals and conveying those…
Date: October 21, 2014
Docket Number: 13-3066
Justia Opinion Summary: Defendant appealed his conviction for attempting to persuade a minor to engage in unlawful sexual activity in violation of 18 U.S.C. 2422(b). At issue was whether section 2422(b) requires direct communications with a…
Date: October 21, 2014
Docket Number: 13-5301
Justia Opinion Summary: This case stemmed from Fogo de Chao's efforts to bring authentic Brazilian churrasqueiro chefs into its restaurants in the United States by using L-1B visas. L-1B visas permit multinational businesses to temporarily…
Date: October 14, 2014
Docket Number: 13-1259
Justia Opinion Summary: Shieldalloy, manufacturer of metal alloys in New Jersey, petitioned for review of the NRC's order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act, 42 U.S.C. 2021.…
Date: September 26, 2014
Docket Number: 13-1074
Justia Opinion Summary: Smith Lake filed suit against FERC and others, alleging claims related to the Commission's issuance of a license order. Alabama Power intervened and moved to dismiss the petition for review based on lack of jurisdiction.…
Date: September 26, 2014
Docket Number: 13-5139
Justia Opinion Summary: In 2008, ReGen Biologics, manufacturer of the Collagen Scaffold, obtained FDA approval to market the device. After allegations that improper political pressure tainted the clearance process, the FDA conducted an internal…
Date: September 12, 2014
Docket Number: 12-5327
Justia Opinion Summary: Plaintiffs, prisoners who violated D.C. criminal laws before March 3, 1985, filed suit contending that the Parole Commission contravened the Ex Post Facto Clause by retroactively applying parole guidelines that it issued…
Date: September 12, 2014
Docket Number: 12-7077
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that the District bore responsibility for the Board's unconstitutional parole revocation decision after the Board determined that plaintiff's parole was based primarily…
Date: September 12, 2014
Docket Number: 13-7019
Justia Opinion Summary: Freedom Watch filed suit against OPEC, alleging that OPEC violated federal anti-trust law by fixing the price of gasoline. The district court dismissed based on insufficiency of service of process. The court agreed with…
Date: September 5, 2014
Docket Number: 12-5306
Justia Opinion Summary: Plaintiffs, former officers who had been medically disqualified from serving as federal court security officers, filed suit against the Marshals Service alleging that the procedures culminating in their dismissals failed…
Date: September 5, 2014
Docket Number: 13-7032
Justia Opinion Summary: Plaintiffs, APA members, filed a class action suit seeking recovery of all special assessment fees paid after they learned that there was no requirement to pay the special assessment to maintain APA membership.…
Date: September 2, 2014
Docket Number: 12-5217
Justia Opinion Summary: The Tribe filed claims in 2005 against the Department for unpaid contract support costs that accrued from 1996 through 1998. At issue was whether the Tribe may sue under the doctrine of equitable tolling even though the…
Date: September 2, 2014
Docket Number: 12-5290
Justia Opinion Summary: Ronnie Leroy Howard appealed the denial of his petition for a writ of habeas corpus, seeking immediate release from parole contending that the procedural irregularities relating to parole revocations in 1985 and 2004…
Date: September 2, 2014
Docket Number: 12-7127
Justia Opinion Summary: The District and two police officers appealed the district court's liability determinations resulting from the grant of partial summary judgment against them. The district court granted partial summary judgment in…
Date: September 2, 2014
Docket Number: 13-1215
Justia Opinion Summary: Sorenson, a leading provider of video relay service (VRS), petitioned for review of the FCC's 2013 Rate Order as arbitrary and capricious, in violation of the Administrative Procedure Act, 5 U.S.C. 706(2)(a). The court…
Date: August 29, 2014
Docket Number: 12-7122
Justia Opinion Summary: Plaintiff filed suit against her 57-year-old teacher at a public high school for emotionally disturbed teens after they were involved in a sexual relationship that resulted in plaintiff being pregnant with his child.…
Date: August 29, 2014
Docket Number: 13-7049
Justia Opinion Summary: Relator filed suit under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that the HP products Govplace sold to the federal government originated from non-designated countries, in violation of the Trade…
Date: August 29, 2014
Docket Number: 13-7100
Justia Opinion Summary: Plaintiff filed suit against Kenya in district court for breach of contract based on Kenya's underpayment of rewards owed to him. The court affirmed the district court's conclusion that the Foreign Sovereign Immunities…
Date: August 26, 2014
Docket Number: 12-1340
Justia Opinion Summary: The Federal Power Act, 16 U.S.C. 824d(c), requires regulated utilities to file with the Commission, as a matter of open and accessible public record, any rates and charges they intend to impose for sales of electrical…
Date: August 26, 2014
Docket Number: 12-5383
Justia Opinion Summary: This case stemmed from efforts by various environmental and historical preservation organizations to obtain the Blair Mountain Battlefield's listing in the National Register of Historic Places. After the Battlefield was…
Date: August 26, 2014
Docket Number: 13-7105
Justia Opinion Summary: Appellant, the President and CEO of a tobacco company called Medallion, filed a qui tam action against Philip Morris, alleging that Philip Morris violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, for failing to…
Date: August 22, 2014
Docket Number: 12-3073
Justia Opinion Summary: Defendant challenged his sentence and consecutive terms of supervised release under Federal Rule of Civil Procedure 60(b) and Federal Rule of Criminal Procedure 36. The district court denied both motions. The court…
Date: August 22, 2014
Docket Number: 13-1033
Justia Opinion Summary: The Corporation, asserting its power under section 215(e) of the Federal Power Act, 16U.S.C. 824o, assessed a monetary fine against Southwestern, a federal government entity that markets hydroelectric power. The…
Date: August 15, 2014
Docket Number: 12-1232
Justia Opinion Summary: This case involves challenges to the most recent forms of electric transmission planning and cost allocation adopted by the Commission under the Federal Power Act, 16 U.S.C. 791 et seq. In Order No. 1000, as reaffirmed…
Date: August 15, 2014
Docket Number: 12-1481
Justia Opinion Summary: Petitioners challenged the Commission's approval of a proposal for the construction of a natural gas compressor station in the Town of Minisink, New York. Petitioners argued, among other things, that the Commission's…
Date: August 15, 2014
Docket Number: 12-5123
Justia Opinion Summary: Plaintiff filed suit against her employer, the Department of Agriculture, after it denied her request for a flexible work schedule based on her depression. Plaintiff sought substantial flexibility in her working hours…
Date: August 15, 2014
Docket Number: 13-1194
Justia Opinion Summary: Otis Elevator petitioned for review of the Commission's upholding of an OSHA citation for violating safety standards involved in the control of hazardous energy. A service mechanic employed by Otis Elevator injured his…
Date: August 12, 2014
Docket Number: 11-3080
Justia Opinion Summary: Defendant, the former policy director of the House Transportation Committee, appealed his convictions on three counts relating to his receipt of illegal gratuities from Jack Abramoff's lobbying group. The court concluded…
Date: August 12, 2014
Docket Number: 12-5374
Justia Opinion Summary: Plaintiff, employed as an attorney advisor for the BVA, filed suit against the Secretary of the VA, claiming that the BVA had violated her rights under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., by failing to…
Date: August 8, 2014
Docket Number: 12-3074
Justia Opinion Summary: Defendant, convicted of multiple counts of defrauding the Washington Teachers Union, appealed the denial of his motion to vacate his convictions under 28 U.S.C. 2255. The court concluded that defendant has not stated a…
Date: August 8, 2014
Docket Number: 12-5200
Justia Opinion Summary: Plaintiff filed suit against the United States, contending that he wants to renounce his United States citizenship. The district court dismissed the complaint for lack of jurisdiction. The court concluded, however, that…
Date: August 5, 2014
Docket Number: 10-5059
Justia Opinion Summary: Petitioner challenged the conditions of his confinement at the Federal Correctional Institution in Talladega, Alabama. The district court concluded that venue in the District of Columbia was improper and ordered the…
Date: August 5, 2014
Docket Number: 13-5008
Justia Opinion Summary: The Federal Election Campaign Act, 2 U.S.C. 441b, sets forth ground rules for the participation of corporations in the electoral process. The Act permits limited corporate participation through separate segregated funds,…
Date: August 1, 2014
Docket Number: 12-5345
Justia Opinion Summary: Plaintiff appealed the district court's order of summary judgment rejecting her claim of workplace racial discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that…
Date: August 1, 2014
Docket Number: 13-5218
Justia Opinion Summary: Plaintiffs, Guantanamo detainees, filed suit challenging two new policies that they claimed place an undue burden on their ability to meet with their lawyers. The first challenged policy concerns where the detainees may…
Date: August 1, 2014
Docket Number: 13-7041
Justia Opinion Summary: Plaintiff filed a securities class action contending that AIG and its board of directors wrongfully reduced the value of certain securities issued by AIG. The court affirmed the district court's dismissal of the suit for…
Date: August 1, 2014
Docket Number: 13-8002
Justia Opinion Summary: Eight African-American Secret Service agents were certified by the district court to sue the Secretary on behalf of a class comprising of all similarly situated agents who were denied promotions to the GS-14 and GS-15…
Date: July 29, 2014
Docket Number: 11-5300
Justia Opinion Summary: Petitioner appealed the dismissal of his petition for writ of habeas corpus, arguing that he was denied his right to the effective assistance of counsel when his appellate counsel failed to seek plain error review of the…
Date: July 29, 2014
Docket Number: 13-5202
Justia Opinion Summary: Section 5000A of the Patient Protection and Affordable Care Act, 26 U.S.C. 5000A, mandates that as of January 2014, non-exempt individuals maintain minimum health care coverage or, with limited exceptions, pay a penalty.…
Date: July 25, 2014
Docket Number: 12-3097
Justia Opinion Summary: Defendant was convicted of various fraud charges, sentenced to nine years in prison, and ordered to pay restitution. Two years later, the sentencing court held a hearing because defendant paid only a negligible amount…
Date: July 25, 2014
Docket Number: 12-5339
Justia Opinion Summary: Appellant, a retired officer of the Navy Reserve, seeks to correct his military record to reflect that he was retired by reason of physical disability. When appellant was discharged from the Selected Reserve and…
Date: July 25, 2014
Docket Number: 13-1132
Justia Opinion Summary: IPG challenged the distribution of royalties from a royalty fund managed by the Copyright Office of the Library of Congress, which provides payments to copyright holders when they are statutorily obligated to license…
Date: July 22, 2014
Docket Number: 12-3037
Justia Opinion Summary: Petitioner filed two 28 U.S.C. 2255(h) motions with the court seeking certification to file successive motions in the district court to vacate, set aside, or correct his sentence. The court concluded that petitioner has…
Date: July 22, 2014
Docket Number: 12-3111
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to two sex offenses. On appeal, defendant mainly asserted that the government breached the plea agreement by failing to tell the Departure Committee the complete…
Date: July 22, 2014
Docket Number: 14-5018
Justia Opinion Summary: Appellants challenged the IRS's interpretation of 26 U.S.C. 36B, enacted as part of the Patient Protection and Affordable Care Act, under the Administrative Procedure Act (APA), 5 U.S.C. 706(2)(A). The district court…
Date: July 18, 2014
Docket Number: 12-1461
Justia Opinion Summary: FirstEnergy, acting on behalf of its affiliates (ATSI), filed a complaint with FERC contending that the imposition of costs from transferring from one Regional Transmission Organization (RTO) to another on ATSI was…
Date: July 18, 2014
Docket Number: 12-1485
Justia Opinion Summary: The Village petitioned for review of the Board's denial of its request to reopen a 2008 proceeding in which the Board approved a railroad's acquisition of a Chicago-area railway company. The Village sought to reopen the…
Date: July 18, 2014
Docket Number: 12-5234
Justia Opinion Summary: In 1998, the United States brought enforcement actions in district court against seven major engine manufacturers, alleging that they had been using "defeat devices" to meet EPA standards for emissions of oxides of…
Date: July 18, 2014
Docket Number: 12-5286
Justia Opinion Summary: The SEC sought a court order compelling SIPC to liquidate a member broker-dealer, SGC. SGC played an integral role in a multibillion-dollar financial fraud carried out through a web of companies. At issue was whether…
Date: July 18, 2014
Docket Number: 13-5081
Justia Opinion Summary: Plaintiffs, current and former members of the Navy and Marine Corps, filed suit against senior officials in the military and the Department of Defense, alleging that they were raped, sexually assaulted, or sexually…
Date: July 18, 2014
Docket Number: 13-7024
Justia Opinion Summary: Interstate Fire filed suit against Greenspring and others, alleging that defendants owed a duty under a Greenspring general liability policy to provide primary insurance coverage for a nurse hired by a staffing agency…
Date: July 15, 2014
Docket Number: 11-7048
Justia Opinion Summary: This case involved efforts to create an Armenian Genocide Museum. Gerard Cafesjian, one of the project's principal founders and benefactors, and CFF first filed suit against the Assembly, alleging that the Assembly…
Date: July 15, 2014
Docket Number: 12-7129
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that he was terminated from his position as a special education teacher because of an email he sent to the chancellor, which contained one sentence that constituted…
Date: July 15, 2014
Docket Number: 13-5315
Justia Opinion Summary: Ralls, an American corporation whose owners are Chinese nationals, purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. CFIUS determined…
Date: July 11, 2014
Docket Number: 12-3009
Justia Opinion Summary: Defendant appealed his conviction and sentence for conspiring to import cocaine into the United States. Defendant was part of the regional leadership of the Fuerzas Armadas Revolucionarias de Colombia (FARC), a left-wing…
Date: July 11, 2014
Docket Number: 12-5310
Justia Opinion Summary: The States of West Virginia and Kentucky, along with coal mining companies and trade associations, challenged EPA and Corps' Enhanced Coordination Process memorandum, which applied to National Pollutant Discharge…
Date: July 11, 2014
Docket Number: 13-1231
Justia Opinion Summary: This petition involves Bermuda's efforts to secure rights from the International Telecommunication Union (ITU) to operate a satellite at the 96.2 degree W.L. orbital location. Bermuda partnered with EchoStar to deploy…
Date: July 11, 2014
Docket Number: 13-7004
Justia Opinion Summary: After the Company prevailed in a 2000 arbitration in France against the Congo, the Company sought to collect the arbitral award with little success. The Company obtained a judgment in 2009 from a court in England…
Date: July 8, 2014
Docket Number: 12-1060
Justia Opinion Summary: Petitioners sought review of FERC's orders affecting the administration of the Independent System Operator-New England (ISO-NE) and specifically directed to curtailment of the exercise of market power in the New England…
Date: July 8, 2014
Docket Number: 12-1095
Justia Opinion Summary: Petitioners unsuccessfully opposed the closures of three post offices by the Postal Service, unsuccessfully appealed the Postal Service's determinations to the Commission, and now seek to review the Commission's…
Date: July 8, 2014
Docket Number: 12-1256
Justia Opinion Summary: CTS petitioned for review of the EPA's decision to add to the National Priorities List, which identifies those hazardous-waste sites considered to be the foremost candidates for environmental cleanup, a site centered…
Date: July 8, 2014
Docket Number: 12-5355
Justia Opinion Summary: Appellants, a group of long-term care hospitals, challenged the Secretary's determination that, because the organizations operate out of buildings previously owned by hospital entities, they are not "new hospitals." The…
Date: July 1, 2014
Docket Number: 12-1470
Justia Opinion Summary: The city of Jersey City and a coalition of environmental groups filed separate petitions challenging FERC's order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline…
Date: July 1, 2014
Docket Number: 12-3049
Justia Opinion Summary: Defendants Ransom and Talbott appealed their sentences after pleading guilty to fraud charges in connection with the operation of their property management company. The court need not decide whether Ransom's appeal…
Date: July 1, 2014
Docket Number: 13-7022
Justia Opinion Summary: Appellants filed a wrongful death action against Romarm, a foreign corporation and firearms manufacturer owned by the Romanian government and located in Bucharest. The district court granted Romarm's motion to dismiss…
Date: June 27, 2014
Docket Numbers: 08-1144, 08-1145, 12-1295
Justia Opinion Summary: Petitioners sought review of the EPA's rule exempting from regulation under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., certain hazardous residuals left over from the petroleum refining…
Date: June 27, 2014
Docket Number: 12-7090
Justia Opinion Summary: Plaintiff and his wife filed suit against the District, the DOC, and several jail officials, seeking relief under federal law and D.C. common law for conspiracy, false arrest, malicious prosecution, defamation,…
Date: June 27, 2014
Docket Number: 13-7063
Justia Opinion Summary: Appellants filed suit challenging the District's tour-guide licensing scheme as an unconstitutional, content-based restriction of their First Amendment rights. The court concluded that it need not determine whether…
Date: June 27, 2014
Docket Number: 14-5055
Justia Opinion Summary: The district court denied attorney-client privilege protection regarding confidential employee communications made during KBR's internal investigation led by company lawyers. The court concluded that the district court's…
Date: June 27, 2014
Docket Number: 98-1379
Justia Opinion Summary: Petitioners sought review of a portion of a 1998 EPA rule creating a "Comparable Fuels Exclusion" from regulation under section 3004(q) of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6924(q). The…
Date: June 24, 2014
Docket Number: 13-1136
Justia Opinion Summary: Petitioner challenged the FAA's revocation of his Designated Pilot Examiner appointment based on deficiencies in his performance. Petitioner argued that the FAA failed to follow its own procedures and that one of his FAA…
Date: June 24, 2014
Docket Number: 13-5129
Justia Opinion Summary: Plaintiffs, a group of retired U.S. Airways pilots, filed a class action seeking interest for the period of delay in the payment of their retirement benefits. The district court refused to certify the class. The court…
Date: June 20, 2014
Docket Number: 13-1090
Justia Opinion Summary: After taxpayers failed to pay federal income taxes for the 2007 tax year, the IRS assessed the unpaid amount plus penalties and interest, and then attempted to collect them from taxpayers by means of a levy on the…
Date: June 20, 2014
Docket Number: 13-1122
Justia Opinion Summary: Sorenson is a purveyor of telephones for the hearing-impaired that have words scrolling on a screen during a call. Sorenson's technology uses the Internet to transmit and receive both the call itself and the derived…
Date: June 20, 2014
Docket Number: 13-1230
Justia Opinion Summary: CSX challenged the Board's issuance of a decision modifying its procedures for rate reasonableness cases. The court rejected CSX's argument that the Board violated its statutory mandate when it made simplified procedures…
Date: June 17, 2014
Docket Number: 12-1199
Justia Opinion Summary: The Union petitioned for review of the FLRA's decision finding, inter alia, that the IRS did not commit an unfair labor practice when Union representatives were excluded from "suitability" interviews of "covered" IRS…
Date: June 17, 2014
Docket Number: 12-1305
Justia Opinion Summary: Petitioner sought review of PowerPoint presentations that the FMCSA posted on its website on May 16, 2012. Petitioners claimed that the presentations represented an "astonishing" change in agency policy, which the agency…
Date: June 17, 2014
Docket Number: 13-5176
Justia Opinion Summary: A member of the British House of Commons, an informal British parliamentary caucus, and an American lawyer representing both all filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request seeking various records…
Date: June 17, 2014
Docket Number: 13-7015
Justia Opinion Summary: This appeal arose out of a contract dispute between 3D and MVM. On appeal, 3D argued that the district court had discretion to award prejudgment interest under Virginia law. As an initial matter, the court accepted,…
Date: June 13, 2014
Docket Number: 11-3045
Justia Opinion Summary: Defendants Bondo and Fahnbulleh appealed their convictions and sentences on several counts of fraud in connection with their work on a humanitarian aid program in Africa funded by an agency of the United States…
Date: June 13, 2014
Docket Number: 13-1014
Justia Opinion Summary: Petitioners challenged the EPA's issuance of a memorandum entitled, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State…
Date: June 13, 2014
Docket Number: 13-1059
Justia Opinion Summary: Congress prohibited Bell Operating Companies from subsidizing their own payphones or charging discriminatory rates to competitor payphone providers. At issue were the remedies available for violations of that…
Date: June 13, 2014
Docket Number: 13-1176
Justia Opinion Summary: These consolidated petitions concerned proposed alternatives to security procedures mandated by the TSA. Amerijet requested alternative cargo screening procedures at various foreign airports it services and the TSA…
Date: June 13, 2014
Docket Number: 13-5118
Justia Opinion Summary: In August 2011, the Department updated the special procedures that establish the minimum wages and working conditions employers must offer U.S. sheepherders, goatherders, and open-range (cattle) herders before hiring…
Date: June 13, 2014
Docket Number: 13-7017
Justia Opinion Summary: Plaintiff filed suit against Facebook and its founder, alleging that their delay in removing a page entitled "Third Palestinian Intifada," and related pages, which called for Muslims to rise up and kill the Jewish…
Date: June 13, 2014
Docket Number: 13-7114
Justia Opinion Summary: The Board of County Commissioners of Kay County appealed the district court's dismissal of its complaint seeking a declaratory judgment that Fannie Mae and Freddie Mac, along with the FHFA as their conservator, violated…
Date: June 10, 2014
Docket Number: 12-3082
Justia Opinion Summary: Defendants Olejiya and Akinadewo appealed their sentences after pleading guilty to one count of conspiracy to commit bank fraud based on their participation in a scheme that involved opening fraudulent bank accounts. The…
Date: June 10, 2014
Docket Number: 13-5096
Justia Opinion Summary: This appeal arose from events surrounding six individuals formerly detained at Guantanamo Bay. At issue was whether the detainees cleared by a military tribunal but nevertheless subjected to continued detention and…
Date: June 10, 2014
Docket Number: 13-5112
Justia Opinion Summary: The United States and others filed suit against several mortgage servicers, including Wells Fargo, alleging claims under the False Claims Act, 31 U.S.C. 3729 et seq., and the Financial Institutions Reform, Recovery, and…
Date: June 10, 2014
Docket Number: 13-5200
Justia Opinion Summary: Prime Time filed suit contending that USDA's method of calculating assessments for cigars violated the Fair and Equitable Tobacco Reform Act (FETRA), 7 U.S.C. 518d. Applying Chevron deference, the court concluded that…
Date: June 6, 2014
Docket Number: 13-1015
Justia Opinion Summary: FERC issued a certificate of public convenience and necessity to Tennessee Gas, authorizing it to build and operate the Northeast Project. Riverkeeper sought review of FERC's approval of the Northeast Project under the…
Date: June 6, 2014
Docket Number: 13-3047
Justia Opinion Summary: Defendant, convicted of unlawful possession with intent to distribute fifty grams or more of methamphetamine, appealed from the district court's judgment sentencing him to a period of incarceration, followed by…
Date: June 3, 2014
Docket Number: 01-7041
Justia Opinion Summary: McKesson first filed suit in 1982 after the Iranian government expropriated the interest held by McKesson in an Iranian dairy company. At issue now is the $13.4 million in attorney's fees the district court awarded…
Date: June 3, 2014
Docket Number: 12-1457
Justia Opinion Summary: DHS filed a petition for review challenging a decision by the FLRA in a dispute arising with the FLRA on a negotiability appeal filed by the Union under the Federal Service Labor-Management Relations Statute (FSLMRS), 5…
Date: June 3, 2014
Docket Number: 12-5070
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that the termination of his employment violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq. The district court granted summary judgment in…
Date: May 30, 2014
Docket Number: 13-1035
Justia Opinion Summary: Petitioners sought review of the EPA's Summit Directive, which states that "EPA may no longer consider interrelatedness in determining adjacency when making source determination decisions in its title V or NSR permitting…
Date: May 30, 2014
Docket Number: 13-7044
Justia Opinion Summary: Plaintiffs filed a putative class action alleging that aerial herbicide spraying of illegal coca crops had drifted across the border from Colombia and that planes themselves had actually crossed the border and sprayed in…
Date: May 27, 2014
Docket Number: 12-1238
Justia Opinion Summary: This appeal concerned the EPA's decision in 2012 that it needed further studies before it could set a new, joint, "secondary" national ambient air quality standard for oxides of nitrogen and oxides of sulphur, and other…
Date: May 27, 2014
Docket Number: 12-7115
Justia Opinion Summary: After plaintiff was discharged by the Department of Corrections, he filed suit against the District and two officials, alleging violations of his rights under the District's whistleblower statute, D.C. Code 1-615.53, and…
Date: May 27, 2014
Docket Number: 12-7135
Justia Opinion Summary: AF Holdings, represented by Prenda Law, filed suit in district court against 1,058 unnamed John Does who it alleged had illegally downloaded and shared the pornographic film "Popular Demand" using a file-sharing service…
Date: May 23, 2014
Docket Number: 11-1486
Justia Opinion Summary: Petitioners sought review of FERC's final rule governing what FERC calls "demand response resources in the wholesale energy market." The rule sought to incentivize retail customers to reduce electricity consumption when…
Date: May 23, 2014
Docket Number: 12-1042
Justia Opinion Summary: In this case, the Board addressed a rate dispute between a shipper and two railroads. The railroads contended that the Board's decision was too favorable to the shipper and the shipper contended that the Board's decision…
Date: May 23, 2014
Docket Number: 12-3094
Justia Opinion Summary: Defendant appealed her conviction and sentence for offenses related to her fraudulent collection of millions of dollars from Medicaid for procedures that were never performed. The court rejected defendant's evidentiary…
Date: May 23, 2014
Docket Number: 13-5127
Justia Opinion Summary: Cause of Action submitted a Freedom of Information Act (FOIA), 5 U.S.C. 552, request to Archives seeking certain Commission records. Archives denied the request, maintaining that because the Commission was established in…
Date: May 20, 2014
Docket Number: 12-5201
Justia Opinion Summary: National filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., seeking the CIA's draft of Volume V concerning the Bay of Pigs invasion in the spring of 1961. The CIA claims that the draft of…
Date: May 20, 2014
Docket Number: 12-7088
Justia Opinion Summary: Plaintiffs, former Carlyle Capital investors, filed suit alleging that Carlyle Capital made material misstatements and omissions in its June 2007 sale of securities and thereby violated the federal securities laws.…
Date: May 16, 2014
Docket Number: 12-1463
Justia Opinion Summary: Petitioners, Broadcasting Board of Governors, sought review of the Board's decision to uphold an arbitrator's finding that the petitioner violated both a collective bargaining agreement (CBA) and federal labor laws when…
Date: May 13, 2014
Docket Number: 12-7061
Justia Opinion Summary: Raymone Bain and her firm filed suit against Michael Jackson and his production company, MJJ Productions, Inc., claiming to be owed substantial sums for various services rendered. Defendants moved to dismiss, relying…
Date: May 13, 2014
Docket Number: 13-1212
Justia Opinion Summary: Guardians and other environmental groups petitioned the EPA to add coal mines to the regulated list of statutory source categories under the Clean Air Act, 42 U.S.C. 7411(b)(1)(A). EPA denied the petition, explaining…
Date: May 13, 2014
Docket Number: 13-5093
Justia Opinion Summary: Plaintiff filed suit against the Department under Title VII after the Department refused to certify him under the Human Reliability Program. Plaintiff claimed that, in denying him certification, the Department relied on…
Date: May 13, 2014
Docket Number: 13-5119
Justia Opinion Summary: Appellant, a coal mine operator, filed suit against the Secretary, challenging a Department of the Interior regulation requiring mine operators to pay a reclamation fee when the coal is ultimately sold or used, rather…
Date: May 9, 2014
Docket Number: 12-5380
Justia Opinion Summary: 26 U.S.C. 4251 imposes an excise tax on amounts paid for toll telephone service. Technological advances changed cost structures and, as a result, telephone companies began charging only by elapsed transmission time. The…
Date: May 9, 2014
Docket Number: 13-1069
Justia Opinion Summary: Petitioners challenged the EPA's Final Rule regarding the National Ambient Air Quality Standards (NAAQS) for fine particulate matter under Section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. 7607(b)(1), 7607(d)(9).…
Date: May 9, 2014
Docket Number: 13-5064
Justia Opinion Summary: In ACLU I, the court held that the Freedom of Information Act (FOIA), 5 U.S.C. 552, required the Justice Department to disclose case names and docket numbers for prosecutions in which the government had obtained cell…
Date: May 6, 2014
Docket Number: 12-5228
Justia Opinion Summary: Appellant failed to respond to the court's order to show cause why he should not be compelled to pay a filing fee. The court dismissed the appeal for failure to prosecute. Appellant then moved for reconsideration.…
Date: May 6, 2014
Docket Number: 13-1265
Justia Opinion Summary: Petitioners challenged the 2013 Renewable Fuel Standards (RFS) issued under section 211(o) of the Clean Air Act, 42 U.S.C. 7545(o). The court held that Monroe Energy had Article III standing to challenge the Final Rule.…
Date: April 29, 2014
Docket Number: 13-5103
Justia Opinion Summary: After the Forest Service denied Ark's Emergency Petition seeking "roadless" designation for roughly 1,000 acres on Burnt Mountain and suspension of the Aspen Skiing Company's authorization to cut trees on that land, Ark…
Date: April 25, 2014
Docket Number: 13-5007
Justia Opinion Summary: Appellant, a Marine Corps. veteran who was honorably discharged, sought review of the BCNR's denial of an increase in appellant's disability rating. The court affirmed the district court's dismissal where the only claim…
Date: April 18, 2014
Docket Number: 10-1371
Justia Opinion Summary: Petitioners challenged the EPA's 2013 Rule regarding the emission standards for the cement industry and the EPA's decision to create an affirmative defense for private civil suits in which plaintiffs sue sources of…
Date: April 18, 2014
Docket Number: 12-7106
Justia Opinion Summary: The Federal Election Commission opened an investigation into alleged discrepancies in ARMPAC's financial reporting. ARMPAC conceded that it had violated federal election laws and agreed to pay a civil penalty and…
Date: April 15, 2014
Docket Number: 12-1100
Justia Opinion Summary: The EPA promulgated emission standards for a number of listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. In this complex case, the court addressed the challenges to…
Date: April 15, 2014
Docket Number: 12-5171
Justia Opinion Summary: Plaintiff, a Board employee, filed suit claiming that her supervisors engendered a hostile work environment, discriminating against her on the basis of her race and sex. The court affirmed the district court's grant of…
Date: April 15, 2014
Docket Number: 12-5412
Justia Opinion Summary: House members who voted for the DREAM and DISCLOSE bills, and others filed suit against the Vice President and others alleging that the effect of Rule XXII was to require sixty votes to get legislation through the…
Date: April 14, 2014
Docket Number: 13-5252
Justia Opinion Summary: In response to the Congo war, Congress created Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15 U.S.C. 78m(p), which requires the SEC to issue regulations requiring firms using "conflict…
Date: April 11, 2014
Docket Number: 11-1423
Justia Opinion Summary: Petitioners, three non-profit environmental and wildlife organizations, filed suit challenging EPA's decisions concerning both the primary and secondary standards for carbon monoxide. The primary standards for carbon…
Date: April 11, 2014
Docket Number: 12-1375
Justia Opinion Summary: In February 2010, a SeaWorld trainer was killed by Tilikum, a killer whale, during a performance before a live audience in a pool at Shamu Stadium in Orlando. OSHA found that SeaWorld violated the general duty clause,…
Date: April 11, 2014
Docket Number: 12-7133
Justia Opinion Summary: Relator filed a qui tam complaint against Verizon under the False Claims Act, 31 U.S.C. 3730(b)(5). On appeal, relator challenged the district court's dismissal of his qui tam complaint for lack of subject matter…
Date: April 11, 2014
Docket Number: 13-5090
Justia Opinion Summary: Plaintiff, CHW, was the surviving entity after a merger between Marian and the hospitals previously constituting CHW. Plaintiff's claim related to depreciation taken by Marian in the years before the merger. Plaintiff…
Date: April 11, 2014
Docket Number: 13-7033
Justia Opinion Summary: The Union filed suit against WUSA-TV, a television station, alleging that the station breached its contractual obligations by laying off a technician. Because the grievance did not "arise under" the 2008 bargaining…
Date: April 8, 2014
Docket Number: 12-5155
Justia Opinion Summary: Fisher-Cal filed suit alleging that the Air Force violated the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., when the Air Force opted not to renew a contract for multimedia services with Fisher-Cal and…
Date: April 8, 2014
Docket Number: 13-1146
Justia Opinion Summary: The Board moved to transfer this petition for review of one of its orders to the Ninth Circuit where another petition for review of the same order has been filed. Although the Board conceded that it received the…
Date: April 8, 2014
Docket Number: 13-1229
Justia Opinion Summary: The USPS sought review of three orders of the Commission implementing the court's mandate in GameFly, Inc. v. Postal Regulatory Commission (GameFly I). In GameFly I, the Commission found that USPS violated the…
Date: April 4, 2014
Docket Number: 11-3072
Justia Opinion Summary: Defendant appealed his conviction for bank and wire fraud. The court rejected defendant's challenges to his conviction, his aggravating role enhancement, and his restitution obligation. However, the court vacated…
Date: April 4, 2014
Docket Number: 12-5156
Justia Opinion Summary: This case involved numerous claims concerning environmental hazards at three sites on Navajo land in Arizona. El Paso, the successor-in-interest to the corporation that mined uranium at the Mill, filed suit against the…
Date: April 4, 2014
Docket Number: 12-7099
Justia Opinion Summary: Michael Queen, an NBC Employee, claimed an entitlement to a portion of Ed Schultz's income from the "The Ed Show" on MSNBC based on their alleged agreement to co-develop a show. Queen sued Schultz in district court, and…
Date: April 4, 2014
Docket Number: 13-5203
Justia Opinion Summary: Hani Saleh Rashid Abdullah, a Yemeni national who has been detained by the United States at Guantanamo since 2002 as an enemy combatant, appealed the denial of his motion for preliminary injunctive relief from holding…
Date: April 1, 2014
Docket Number: 06-3166
Justia Opinion Summary: Defendant appealed his convictions for drug conspiracy charges, arguing that the 26-month delay between his arrest and the start of his trial violated the Speedy Trial Act, 18 U.S.C. 3161 et seq., and the Sixth…
Date: April 1, 2014
Docket Number: 12-5223
Justia Opinion Summary: CREW filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request seeking various types of documents related to the FBI's investigation of Tom DeLay, the former Majority Leader. The FBI opened a wide-ranging public…
Date: April 1, 2014
Docket Number: 12-7091
Justia Opinion Summary: This case stemmed from the settlement of a lawsuit alleging Libya's responsibility for the 1986 LaBelle discotheque bombing in Berlin. The victims' lawyers received nearly $36 million for their efforts. Plaintiff, a…
Date: April 1, 2014
Docket Number: 13-5011
Justia Opinion Summary: Petitioners, a group of hospitals that serve a significant number of elderly, very low-income patients, filed suit challenging the Secretary's issuance of a rule concerning the "disproportionate share percentage"…
Date: March 28, 2014
Docket Number: 13-5281
Justia Opinion Summary: AMI filed suit challenging the 2013 rule adopted by AMS, a branch of the Department of Agriculture, that modified its prior rule implementing Congress's requirements of country-of-origin labeling (COOL), 7 U.S.C. 1638a.…
Date: March 25, 2014
Docket Number: 09-3117
Justia Opinion Summary: Defendant pled guilty to one count of possession with intent to distribute cocaine. On appeal, defendant claimed that counsel's prior representation of an individual involved in the same arrest created an impermissible…
Date: March 21, 2014
Docket Number: 10-3099
Justia Opinion Summary: Defendant pleaded guilty to drug offenses, but reserved his right to appeal the denial of his motion to suppress. Finding no waiver of defendant's argument, the court concluded that the July 2009 search was unlawful…
Date: March 21, 2014
Docket Number: 12-1234
Justia Opinion Summary: The Union petitioned for review of the FLRA's decision that the IRS did not commit an unfair labor practice under 5 U.S.C. 7116 when it failed to provide the Union notice or an opportunity to bargain over an increase in…
Date: March 21, 2014
Docket Number: 12-3043
Justia Opinion Summary: Defendant challenged his conviction and sentence for witness tampering and obstruction of justice. The court concluded that defendant failed to show that his counsel's failure to invoke an entrapment defense prejudiced…
Date: March 21, 2014
Docket Number: 13-5270
Justia Opinion Summary: Congress passed the Durbin Amendment as part of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376, which modified the Electric Funds Transfer Act (EFTA), Pub. L. No.…
Date: March 14, 2014
Docket Number: 08-3033
Justia Opinion Summary: Defendants Jones, Thurston, and Ball were convicted of distributing small quantities of crack cocaine, but acquitted of conspiracy to distribute drugs. On appeal, defendants challenged their sentences. The court…
Date: March 14, 2014
Docket Number: 12-1036
Justia Opinion Summary: Petitioner, an employee for the EPA, appealed the denial of his claims against the EPA for allegedly retaliating against him in violation of several environmental whistleblowing provisions. There was no adverse action…
Date: March 14, 2014
Docket Number: 12-5183
Justia Opinion Summary: PETA requested records under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., concerning NIH investigations of animal abuse at a university research lab, and specifically sought documents related to any…
Date: March 11, 2014
Docket Number: 12-1166
Justia Opinion Summary: Petitioners challenged 2009 and 2012 final rules issued by EPA revising the new source performance standards for steam generating units. The court concluded that, because EPA has not yet resolved petitioners' petitions…
Date: March 7, 2014
Docket Number: 12-1416
Justia Opinion Summary: The Comptroller of the Currency found that petitioner, as the CEO and a director of the Bank, had engaged in a pattern of willfully misrepresenting the Bank's capital reserves to the OTS and the Bank's board of…
Date: March 7, 2014
Docket Number: 12-5139
Justia Opinion Summary: Appellant, employed with the SEC, filed a request under the Rehabilitation Act, 29 U.S.C. 791 et seq., for a work schedule accommodation so that he could undergo rehabilitation without using his work leave. When the…
Date: March 7, 2014
Docket Number: 13-5003
Justia Opinion Summary: Plaintiffs filed suit against the Secretary of Health and Human Services (HHS) and the Commissioner of the Social Security Administration (SSA) raising constitutional challenges to the Patient Protection and Affordable…
Date: February 28, 2014
Docket Number: 12-1365
Justia Opinion Summary: The Commission granted waivers with nunc pro tunc effect to many of the companies seeking relief from a compliance deadline regarding regulations that required digital wireless service providers to offer telephone…
Date: February 28, 2014
Docket Number: 12-7054
Justia Opinion Summary: Hope 7 entered into bankruptcy in 2009 and RIASO was Hope 7's largest creditor. The bankruptcy court subsequently approved the settlement of Hope 7's fraud-based claims against RIASO, approved RIASO's proof of claim…
Date: February 28, 2014
Docket Number: 13-1172
Justia Opinion Summary: Petitioner received a citation for failing to obey a Montana traffic ordinance and a record of the citation made its way into a database administered by FMCSA. Petitioner complained that, in maintaining the record of…
Date: February 28, 2014
Docket Number: 13-3015
Justia Opinion Summary: In 2009, defendant was sentenced to 180 months in prison for conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine. In 2011, the Sentencing Commission gave retroactive effect to…
Date: February 21, 2014
Docket Number: 12-1242
Justia Opinion Summary: Two firms receiving gas storage service in the Washington Storage Field ceased taking service and "released" their storage rights to Paribas. The departing customers exercised their contract rights to buy back so-called…
Date: February 18, 2014
Docket Number: 11-3029
Justia Opinion Summary: Defendant pled guilty to unlawful possession of a firearm. On appeal, defendant challenged the district court's motion to suppress evidence. While waiting to execute a search warrant at the home of an arrested murder…
Date: February 14, 2014
Docket Number: 12-5057
Justia Opinion Summary: This case stemmed from an employment discrimination suit filed by appellant against the Navy. The Navy subsequently offered a stipulation of Settlement (the "Agreement"). After concluding that specific performance of the…
Date: February 11, 2014
Docket Number: 13-5061
Justia Opinion Summary: Plaintiffs, three independent tax-return preparers, filed suit contending that the IRS's new regulations exceeded the agency's authority under the statute. At issue was whether the IRS's statutory authority to "regulate…
Date: February 11, 2014
Docket Number: 13-5223
Justia Opinion Summary: Petitioners, detainees who have been cleared for release but remain held at Guantanamo Bay, engaged in a hunger strike unless and until they were released. The government subsequently instituted a force-feeding protocol.…
Date: February 4, 2014
Docket Number: 12-5254
Justia Opinion Summary: The government filed suit against appellants, alleging that they violated federal laws regulating the manufacture and labeling of drugs and biological products by producing, as part of their medical practice, a…
Date: February 4, 2014
Docket Number: 12-5331
Justia Opinion Summary: Plaintiffs, dog breeders and dealers in Missouri, challenged the Department's decision to release information in their annual reports relating to their gross revenue and business volume. Plaintiffs contended that the…
Date: January 31, 2014
Docket Number: 12-1327
Justia Opinion Summary: BNSF petitioned for review of the Board's decision to adhere to a revenue-allocation methodology, known as Modified ATC, in determining that the rates BNSF charged WFA were unreasonably high. In 2010, the court remanded…
Date: January 31, 2014
Docket Number: 12-3034
Justia Opinion Summary: In 2008, Defendants Wyche and Smith moved for sentence reductions after amendments to the United States Sentencing Guidelines lowered the sentencing ranges for cocaine base crimes. The district court granted Smith's…
Date: January 31, 2014
Docket Number: 13-1058
Justia Opinion Summary: Lilliputian, manufacturer of micro fuel cells powered by butane, challenged the prohibition in a final rule against airline passengers and crew carrying butane fuel cell cartridges in their checked baggage. Lilliputian…
Date: January 31, 2014
Docket Number: 13-5080
Justia Opinion Summary: Plaintiffs filed suit seeking a declaratory judgment that the FDIC's repudiation of a residential construction loan agreement relieved them of any obligation to continue making loan payments. The FDIC then assigned its…
Date: January 24, 2014
Docket Number: 12-5020
Justia Opinion Summary: Appellant, a federal death row inmate, moved to intervene in this lawsuit, which challenged the government's method of carrying out lethal injections and its failure to disclose its execution procedures. The district…
Date: January 24, 2014
Docket Number: 12-5149
Justia Opinion Summary: Plaintiff filed suit challenging the refusal of the Board of Correction of Naval Records to amend certain of her fitness reports. The court concluded that the decision of the Board was neither arbitrary nor capricious…
Date: January 24, 2014
Docket Number: 12-5366
Justia Opinion Summary: In 2007, the Secretary revamped Medicare's Inpatient Prospective Payment System, updating the diagnostic weighting used to calculate reimbursements for hospitals treating the program's beneficiaries. Plaintiffs sought…
Date: January 22, 2014
Docket Number: 12-1362
Justia Opinion Summary: Petitioners challenged the FAA's no hazard determinations in 2012 for proposed wind turbines in Nantucket Sound. The court concluded that the FAA could reasonably view its Handbook procedures implementing the Secretary's…
Date: January 22, 2014
Docket Number: 12-5158
Justia Opinion Summary: PEER sought records under the Freedom of Information Act 5 U.S.C. 552, related to two dams located on the border between the United States and Mexico. PEER first argued that it was entitled to the expert report on…
Date: January 17, 2014
Docket Number: 11-1307
Justia Opinion Summary: Oklahoma petitioned for review of the EPA's final rule establishing a federal implementation plan for the attainment of national air quality standards in "Indian country." The court held that a state has regulatory…
Date: January 17, 2014
Docket Number: 12-1351
Justia Opinion Summary: Appellant sought review of orders and decisions issued by the Tax Court affirming the IRS's decision to impose a levy on his property to collect overdue income taxes. Appellant raised several challenges emanating from an…
Date: January 17, 2014
Docket Number: 12-5017
Justia Opinion Summary: Appellant was detained at Guantanamo Bay for seven years as an enemy combatant. After the Supreme Court decided that Guantanamo detainees have a constitutional right to challenge the basis of their detentions in…
Date: January 17, 2014
Docket Number: 12-5379
Justia Opinion Summary: Appellants, federally registered lobbyists, wishing appointment to one type of advisory committee, the Industry Trade Advisory Committees (ITACs), challenged the constitutionality of the presidential ban on federally…
Date: January 14, 2014
Docket Number: 11-1355
Justia Opinion Summary: Verizon challenged the FCC's Open Internet Order, which imposed disclosure, anti-blocking, and anti-discrimination requirements on broadband providers. The court concluded that the Commission has established that section…
Date: January 10, 2014
Docket Number: 12-5267
Justia Opinion Summary: Appellant sought attorneys' fees following his largely unsuccessful attempt to obtain documents from the FHFA under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq. The court concluded that the district court…
Date: January 7, 2014
Docket Number: 12-7092
Justia Opinion Summary: Plaintiff filed suit against her former law firm alleging that decisions made by the firms' directors who administered the retirement plan breached their fiduciary duties under the Employee Retirement Income Security Act…
Date: January 3, 2014
Docket Number: 12-1456
Justia Opinion Summary: This case arose after the IRS Office of Chief Counsel and the National Treasury Employees Union renegotiated their collective bargaining agreement. At issue on appeal was the Authority's interpretation of section 7106 of…
Date: January 3, 2014
Docket Number: 12-5132
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of defendant, concluding that plaintiff's whistleblower complaint did not qualify as a "mixed case" complaint capable of triggering the savings…
Date: January 3, 2014
Docket Number: 12-5363
Justia Opinion Summary: EFF appealed the district court's denial of its Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request for disclosure of a legal opinion prepared for the FBI by the OLC. The court held that the opinion, which…
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