2017 D.C. Circuit US Court of Appeals Case Law

Phoenix v. Huerta  
Date: August 29, 2017
Docket Number: 15-1158

Justia Opinion Summary: The City petitioned for review of the FAA's letter, characterizing it as a final order, that addressed the noise complaints stemming from its change of flight routes in and out of Phoenix Sky Harbor International Airport...

SNR Wireless LicenseCo, LLC v. FCC  
Date: August 29, 2017
Docket Number: 15-1330

Justia Opinion Summary: After the FCC denied SNR and Northstar's application to use bidding credits to purchase wireless spectrum licenses, SNR and Northstar bought some of the licenses at full price and relinquished the rest to the FCC. The FC...

Otsuka Pharmaceutical Co. v. Price  
Date: August 29, 2017
Docket Number: 16-5229

Justia Opinion Summary: This appeal involved two antipsychotic drugs primarily used to treat schizophrenia and bipolar disorder: Abilify Maitena, manufactured by Otsuka; and Aristada, manufactured by Alkermes. Otsuka sought judicial review, con...

Johnson v. Commission on Presidential Debates  
Date: August 29, 2017
Docket Number: 16-7107

Justia Opinion Summary: Plaintiffs, the Libertarian Party's presidential and vice presidential candidates in the 2012 elections, filed suit claiming that they were excluded pursuant to an agreement between the Obama for America and Romney for P...

Sierra Club v. FERC  
Date: August 22, 2017
Docket Number: 16-1329

Justia Opinion Summary: Sierra Club challenged the Commission's decision approving the construction and operation of three new interstate natural-gas pipelines in the southeastern United States. Determining that it has jurisdiction to entertain...

United States v. Griffith  
Date: August 18, 2017
Docket Number: 13-3061

Justia Opinion Summary: The fact that most people now carry a cell phone was not enough to justify an intrusive search of a place lying at the center of the Fourth Amendment's protections—a home—for any phone defendant might own. Defendant appe...

Midwest Division - MMC, LLC v. NLRB  
Date: August 18, 2017
Docket Number: 15-1312

Justia Opinion Summary: Menorah petitioned for review of the Board's finding that Menorah had violated the National Labor Relations Act (NLRA). The DC Circuit set aside the Board's determination that Menorah improperly denied the nurses' reques...

United States v. Meadows  
Date: August 18, 2017
Docket Number: 15-3045

Justia Opinion Summary: The DC Circuit affirmed the district court's denial of defendant's pre-trial motion to dismiss the indictment for prosecutorial vindictiveness, and in permitting the government to make improper statements at trial. Defen...

Banner Health v. Price  
Date: August 18, 2017
Docket Number: 16-5129

Justia Opinion Summary: The Hospitals challenged HHS's implementation of a Medicare outlier-payment program in the late 1990s and early 2000s. The Hospitals contend that HHS violated the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,...

SecurityPoint Holdings, Inc. v. TSA  
Date: August 15, 2017
Docket Number: 15-1449

Justia Opinion Summary: SecurityPoint, which contracts with airports to participate in an advertising program established by the TSA, petitioned for review of the TSA's decision to revise its memorandum of understanding (MOU) used with particip...

Sierra Club v. DOE  
Date: August 15, 2017
Docket Number: 15-1489

Justia Opinion Summary: Sierra Club challenged the Department's grant of an application to export liquified natural gas (LNG) using terminals and liquefaction facilities (Freeport Terminal) on Quintana Island. On the merits, the DC Circuit held...

Coleman v. Duke  
Date: August 15, 2017
Docket Number: 15-5258

Justia Opinion Summary: Plaintiff, an African-American, filed suit against DHS, alleging that the Department's decision to give a promotion for which he was qualified to a Caucasian female employee just four weeks after he had complained of rac...

All American Telephone Co. v. FCC  
Date: August 11, 2017
Docket Number: 15-1354

Justia Opinion Summary: After the Commission held that petitioners engaged in a scheme designed to collect millions of dollars in unwarranted long-distance access charges from AT&T, petitioners challenged the Commission's award of damages to AT...

Ortiz-Diaz v. HUD  
Date: August 11, 2017
Docket Number: 15-5008

Justia Opinion Summary: Plaintiff filed suit against the Department, alleging unlawful race and national origin discrimination under Title VII, 42 U.S.C. 2000e et seq. The DC Circuit subsequently decided sua sponte to reconsider the case and va...

Rhino Northwest, LLC v. NLRB  
Date: August 11, 2017
Docket Number: 16-1089

Justia Opinion Summary: Rhino challenged the Board's certification of a proposed unit of employees called "riggers." Rhino argued that the company's other employees were so similar to its riggers that a bargaining unit could not consist solely...

Crawford v. Duke  
Date: August 11, 2017
Docket Number: 16-5063

Justia Opinion Summary: Plaintiff filed suit against his employer, DHS, alleging race discrimination, retaliation, and a hostile work environment. The district court dismissed the case for failure to exhaust his administrative remedies. The DC...

Clemente v. FBI  
Date: August 11, 2017
Docket Number: 16-5067

Justia Opinion Summary: Plaintiff filed suit under the Freedom of Information Act (FOIA), seeking information pertaining to a former informant. The district court granted summary judgment to the FBI and denied plaintiff's motions for interim at...

Gulf Coast Maritime Supply, Inc. v. United States  
Date: August 11, 2017
Docket Number: 16-5350

Justia Opinion Summary: Gulf Coast filed suit seeking injunctive and declaratory relief after the Tobacco Tax and Trade Bureau (TTB) sent a letter to Gulf Coast indicating that the company's unreported ownership change could subject Gulf Coast...

Hall v. District of Columbia  
Date: August 11, 2017
Docket Number: 16-7056

Justia Opinion Summary: Plaintiff filed suit alleging claims that employees of Cities Restaurant and Lounge, and the Metropolitan Police Department officers they summoned, reacted overly harshly when she raised a question about her bill and tem...

American Hospital Assoc. v. Price  
Date: August 11, 2017
Docket Number: 17-5018

Justia Opinion Summary: Healthcare Providers sought a mandamus order to force the HHS Secretary to clear the administrative appeals backlog and adhere to the Medicare statute's timeframe to complete the process. The district court subsequently...

In re: Khalid Shaikh Mohammad  
Date: August 9, 2017
Docket Number: 17-1156

Justia Opinion Summary: Petitioner, a detainee at Guantanamo Bay, sought a writ of mandamus directing that the Hon. Scott L. Silliman of the United States Court of Military Commission Review (CMCR) recuse himself from serving as a judge in peti...

Louisiana Public Service Commission v. FERC  
Date: August 8, 2017
Docket Number: 14-1063

Justia Opinion Summary: This case involves the allocation of production costs among the Entergy Operation Companies. LPSC petitioned for review of FERC's implementation of its decision to delay the effective date of the Bandwidth Remedy. The DC...

Mexichem Fluor, Inc. v. EPA  
Date: August 8, 2017
Docket Number: 15-1328

Justia Opinion Summary: Petitioners challenged whether EPA had statutory authority to issue a 2015 Rule regulating the use of hydrofluorocarbons (HFCs). As statutory authority for the 2015 Rule, EPA relied on Section 612 of the Clean Air Act, 4...

United States v. Laureys  
Date: August 8, 2017
Docket Number: 15-3032

Justia Opinion Summary: The DC Circuit reversed defendant's conviction for attempted coercion and enticement of a minor and travel with intent to engage in illicit sexual conduct. The court held that trial counsel's failure to obtain expert men...

Susquehanna International Group v. SEC  
Date: August 8, 2017
Docket Number: 16-1061

Justia Opinion Summary: OCC, a clearing agency that facilitates trades in options and other financial instruments, developed a Capital Plan in an attempt to boost its capital reserves and to alter how fees and refunds were calculated. The DC Ci...

Texas Neighborhood Services v. HHS  
Date: August 8, 2017
Docket Number: 16-5150

Justia Opinion Summary: Texas Neighborhood Services received Head Start grant money to provide childcare services to low-income families in Texas. The Department subsequently required Neighborhood Services to repay $1.3 million in federal funds...

NLRB v. CNN America, Inc.  
Date: August 4, 2017
Docket Number: 15-1112

Justia Opinion Summary: The Board applied for enforcement of its finding that CNN's replacement of its unionized contractor with a nonunion, in-house workforce violated the National Labor Relations Act. The D.C. Circuit held that the Board's de...

Global TelLink v. FCC (Order)
Date: August 4, 2017
Docket Number: 15-1461
United States v. Slatten  
Date: August 4, 2017
Docket Number: 15-3078

Justia Opinion Summary: Defendants Slatten, Slough, Liberty, and Heard were contractors with Blackwater, which in 2007 was providing security services to the United States State Department in Iraq. Defendants were convicted of voluntary manslau...

Price v. U.S. DOJ Attorney Office  
Date: August 4, 2017
Docket Number: 15-5314

Justia Opinion Summary: The government may not deny a criminal defendant's request under the Freedom of Information Act (FOIA) for records related to his case on the ground that he waived his right to seek that information as part of a plea agr...

American Wild Horse Preservation Campaign v. Perdue  
Date: August 4, 2017
Docket Number: 15-5332

Justia Opinion Summary: Plaintiffs filed suit alleging that the Service's revamping of the territorial lines of the Devil's Garden Wild Horse Territory section of the Modoc National Forest violated numerous federal laws. The D.C. Circuit held t...

United Source One, Inc. v. US Department of Agriculture  
Date: August 4, 2017
Docket Number: 16-1209

Justia Opinion Summary: USI petitioned for review of the FSIS's determination that the packaging used by USI was misbranded under the Federal Meat Inspection Act of 1907 (FMIA), 21 U.S.C. 601 et seq., because its label included the FSIS inspect...

Oberthur Technologies of America Corp. v. NLRB  
Date: August 4, 2017
Docket Number: 16-1265

Justia Opinion Summary: Oberthur sought review of the Board's orders and a certification decision where the Board found that Oberthur violated the National Labor Relations Act before the representation election by restricting employee speech an...

Aguiar v. DEA  
Date: August 4, 2017
Docket Number: 16-5029

Justia Opinion Summary: Plaintiff filed several requests under the Freedom of Information Act (FOIA) after he was convicted of narcotics offenses. The DEA denied two of the requests, saying that software plaintiff identified was not an agency r...

Fred Meyer Stores, Inc. v. NLRB  
Date: August 1, 2017
Docket Number: 15-1135

Justia Opinion Summary: The D.C. Circuit granted Fred Meyer's petition for review of the Board's holding that Fred Meyer committed various unfair labor practices in its interaction with the Union. The court noted that counsel for Fred Meyer dep...

Humane Society v. Zinke  
Date: August 1, 2017
Docket Number: 15-5041

Justia Opinion Summary: The Human Society challenged a rule that removes from federal protection a sub-population of gray wolves inhabiting all or portions of nine states in the Western Great Lakes region of the United States. The Human Society...

Free Access & Broadcast Telemedia v. FCC  
Date: August 1, 2017
Docket Number: 16-1100

Justia Opinion Summary: Petitioners challenged two related but more recent orders from the FCC adopting procedures for an auction designed to make more room on the electromagnetic spectrum for mobile broadband (wireless network) providers. The...

Xia v. Tillerson  
Date: August 1, 2017
Docket Number: 16-5010

Justia Opinion Summary: After USCIS discovered that an employee had illegally issued nearly 200 certificates of naturalization to individuals who had not satisfied the requirements to become U.S. citizens, the government canceled certificates o...

MetLife, Inc. v. Financial Stability Oversight Council  
Date: August 1, 2017
Docket Number: 16-5188

Justia Opinion Summary: The right of public access is a fundamental element of the rule of law, important to maintaining the integrity and legitimacy of an independent Judicial Branch. The Dodd-Frank Act does not abrogate the common-law right o...

Attias v. CareFirst, Inc.  
Date: August 1, 2017
Docket Number: 16-7108

Justia Opinion Summary: Plaintiffs, a group of CareFirst customers, filed a putative class action after CareFirst suffered a cyber attack in which its customers' personal information was allegedly stolen. The D.C. Circuit reversed the district...

Owens v. Republic of Sudan  
Date: July 28, 2017
Docket Number: 14-5105

Justia Opinion Summary: Plaintiffs filed suit against Sudan for personal injuries suffered by victims of the al Qaeda embassy bombings and their families in Nairobi, Kenya and in Dar es Salaam, Tanzania. The DC Circuit held that the purpose and...

Hurd v. District of Columbia  
Date: July 28, 2017
Docket Number: 15-7153

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the District, alleging both procedural and substantive due process claims after he was sentenced to three consecutive weekends in the D.C. jail for a marijuana possession...

Americans for Clean Energy v. EPA  
Date: July 28, 2017
Docket Number: 16-1005

Justia Opinion Summary: Petitioners filed suit challenging EPA's promulgation of a Final Rule setting several renewable fuel requirements for the years 2014 through 2017. The D.C. Circuit rejected all challenges except for one: the court agreed...

Flyers Rights Education Fund v. FAA  
Date: July 28, 2017
Docket Number: 16-1101

Justia Opinion Summary: Paul Hudson and the Flyers Rights group petitioned the FAA to promulgate rules governing size limitations for aircraft seats to ensure, among other things, that passengers can safely and quickly evacuate a plane in an em...

United States v. Eshetu  
Date: July 25, 2017
Docket Number: 15-3020

Justia Opinion Summary: Defendants Lovo, Sorto, and Eshetu were convicted of conspiracy, and Lovo and Sorto were also convicted of using, carrying or possessing a firearm during a crime of violence. The D.C. Circuit held that the district court...

Shea v. Cellco Partnership  
Date: July 25, 2017
Docket Number: 15-7135

Justia Opinion Summary: Relator filed two suits alleging that Verizon violated the False Claims Act by overbilling the government in its telecommunications contracts. The D.C. Circuit affirmed the district court's holding that relator's second...

Allina Health Services v. Price  
Date: July 25, 2017
Docket Number: 16-5255

Justia Opinion Summary: Hospitals filed suit challenging the formula used by the HHS for calculating certain Medicare reimbursement adjustments for fiscal year 2012. The D.C. Circuit held that HHS violated the Medicare Act when it changed its r...

Wrenn v. District of Columbia  
Date: July 25, 2017
Docket Numbers: 16-7025, 16-7067

Justia Opinion Summary: Plaintiffs filed suit challenging D.C. Code provisions directing the District's police chief to promulgate regulations limiting licenses for the concealed carry of handguns (the only sort of carrying the Code allows) to...

Matthew Grace, et al v. DC, et al
Date: July 25, 2017
Docket Number: 16-7067
Nueva Esperanza, Inc. v. FCC  
Date: July 21, 2017
Docket Number: 15-1500

Justia Opinion Summary: The DC Circuit affirmed the dismissal of Nueva's application to the FCC for a license to construct and operate a Lower Power FM Radio (LPFM) station in Philadelphia. Because Nueva's interpretation of a Blog Post authored...

United States v. Davis  
Date: July 21, 2017
Docket Number: 15-3044

Justia Opinion Summary: Defendant and her son appealed from their convictions for conspiracy to commit tax fraud and related offenses. The DC Circuit held that the prosecutor's blatant misstatements of key evidence during closing arguments, in...

In re: Herman Brewer  
Date: July 21, 2017
Docket Numbers: 15-8009, 16-5285

Justia Opinion Summary: The district court denied certification for a class consisting of African-American deputy U.S. Marshals alleging racial discrimination by the United States Marshals Service (USMS). The lead plaintiff, Herman Brewer, peti...

Competitive Enterprise Institute v. DOT  
Date: July 21, 2017
Docket Number: 16-1128

Justia Opinion Summary: The DC Circuit upheld the Department's final rule defining e-cigarette use as "smoking" for purposes of airplane travel under 49 U.S.C. 41706. The Department rested its authority for the regulation on two sections author...

Wilson v. MSHR  
Date: July 21, 2017
Docket Number: 16-1250

Justia Opinion Summary: The Commission declined to review an ALJ's decision regarding plaintiff's complaint of unlawful interference with his rights as a miners' representative under the Federal Mine Safety and Health Amendments Act of 1977, 30...

United States v. Mohammed  
Date: July 21, 2017
Docket Number: 16-3102

Justia Opinion Summary: Defendant challenged the district court's denial of his ineffective assistance of counsel claim. The DC Circuit affirmed in part and held that defendant's trial counsel was constitutionally deficient because counsel fail...

United States v. Rock  
Date: July 18, 2017
Docket Number: 12-3032

Justia Opinion Summary: The DC Circuit affirmed defendant's 172 month sentence after he pleaded guilty to distribution of child pornography. The court held that the government's recidivism comment was only that—a comment—and appeared to have ha...

Sierra Club v. EPA  
Date: July 18, 2017
Docket Number: 15-1246

Justia Opinion Summary: Sierra Club petitioned for review of EPA's determination that EPA satisfied its responsibilities under 42 U.S.C. 7412(c)(6) to establish "maximum achievable control technology" (MACT) standards for emissions of certain h...

Bellagio, LLC v. NLRB  
Date: July 18, 2017
Docket Number: 16-1191

Justia Opinion Summary: Casinos petitioned for review of the Board's order concluding that the casinos violated section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), when they refused to bargain with the Union,...

Perry Capital LLC v. Steven Mnuchin (Reissued)
Date: July 17, 2017
Docket Number: 14-5243
Orangeburg, South Carolina v. FERC  
Date: July 14, 2017
Docket Number: 15-1274

Justia Opinion Summary: Orangeburg challenged the Commission's approval of an agreement between two utilities, alleging that the approval constituted an authorization of the North Carolina Utilities Commission's (NCUC) unlawful regime. The DC C...

Maze v. IRS  
Date: July 14, 2017
Docket Number: 16-5265

Justia Opinion Summary: Taxpayers who failed to report and pay tax on foreign income filed suit after the IRS denied their applications for the expanded Streamlined Procedures program. The Streamlined Procedures' reduced benefits were counterba...

American Petroleum Institute v. EPA  
Date: July 7, 2017
Docket Number: 09-1038

Justia Opinion Summary: Environmental and Industry Petitioners challenged the EPA's promulgation of a final rule, pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k, governing when certain hazardous materials qu...

United States v. Pyles  
Date: July 7, 2017
Docket Number: 14-3069

Justia Opinion Summary: Precedent requires the district court to consider each and every non-frivolous argument for mitigation, but does not require the judge to address expressly each argument on the record when pronouncing the sentence. The D...

National Association of Telecommunications Officers and Advisors v. FCC  
Date: July 7, 2017
Docket Number: 15-1295

Justia Opinion Summary: Petitioners sought review of the FCC's order reversing a decades-old, rebuttable presumption that determined whether state and local franchising authorities may regulate cable rates. Under its new Order, the Commission p...

NRG Power Marketing, LLC v. FERC  
Date: July 7, 2017
Docket Number: 15-1452

Justia Opinion Summary: Section 205 of the Federal Power Act does not allow FERC to make modifications to a proposal that transform the proposal into an entirely new rate of FERC's own making. Electricity generators petitioned for review of FER...

Bank of New York Mellon v. Henderson  
Date: July 7, 2017
Docket Number: 15-5186

Justia Opinion Summary: The D.C. Circuit held that the district court properly entered summary judgment for judicial foreclosure to the property at issue, because D.C. law allows the holder of a note to enforce the deed of trust by judicial for...

National Mall Tours of Washington v. DOI  
Date: July 7, 2017
Docket Number: 16-5080

Justia Opinion Summary: After Big Bus Tours won a contract with the Park Service that would allow it to provide guided tours of the National Mall, National Mall Tours filed suit against the Park Service under the Administrative Procedure Act, 5...

Getma International v. Republic of Guinea  
Date: July 7, 2017
Docket Number: 16-7087

Justia Opinion Summary: In this contract dispute between Getma and the Republic of Guinea, the Common Court of Justice and Arbitration of the Organization for the Harmonization of Business Law in Africa (CCJA), a court of supranational jurisdic...

Clean Air Council v. Pruitt  
Date: July 3, 2017
Docket Number: 17-1145

Justia Opinion Summary: Petitioners challenged the EPA's decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. The DC Circuit held that, although absent a stay, it would have no autho...

Center for Biological Diversity v. EPA  
Date: June 30, 2017
Docket Number: 14-1036

Justia Opinion Summary: Conservation Groups filed a complaint in the district court under the citizen suit provision of the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and a petition for review in the DC Circuit pursuant to the Federa...

ARC Bridges, Inc. v. NLRB  
Date: June 30, 2017
Docket Number: 15-1113

Justia Opinion Summary: Arc Bridge petitioned for review of the Board's holding that it violated sections 8(a)(3) and (1) of the National Labor Relations Act by failing to give a wage increase to represented employees, with whom it was then bar...

Masters Pharmaceutical, Inc. v. DEA  
Date: June 30, 2017
Docket Number: 15-1335

Justia Opinion Summary: Masters filed suit challenging the DEA's 2014 decision to revoke the company's certificate of registration, without which it cannot sell controlled substances. The DC Circuit denied the petition for review, holding that...

Seminole Electric Cooperative v. FERC  
Date: June 30, 2017
Docket Number: 15-1450

Justia Opinion Summary: The Commission determined that Florida Power overcharged Seminole for electricity and ordered a refund. Seminole petitioned for review, claiming that it was entitled to a larger refund. The DC Circuit denied the petition...

Ames v. DHS  
Date: June 30, 2017
Docket Number: 16-5064

Justia Opinion Summary: Plaintiff filed suit against DHS and DOD under the Privacy Act, 5 U.S.C. 552a, after a DHS agent sent an Inspector General's report regarding plaintiff to DOD. The DC Circuit held that DHS's disclosure of the report to D...

Bin Ali Jaber v. United States  
Date: June 30, 2017
Docket Number: 16-5093

Justia Opinion Summary: Plaintiffs sought a declaratory judgment stating that their family members were killed in the course of a U.S. drone attack in violation of international law governing the use of force, the Torture Victim Protection Act...

Marcin v. Reliance Standard Life Insurance Co.  
Date: June 30, 2017
Docket Number: 16-7125

Justia Opinion Summary: Reliance challenged the district court's award of disability benefits to plaintiff under a plan pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., and the amount of benefits owed. Th...

Hensel Phelps Construction Co. v. Cooper Carry Inc.  
Date: June 30, 2017
Docket Number: 16-7128

Justia Opinion Summary: Hensel Phelps filed suit alleging breach of contract and indemnification claims against Marriott for, among other things, failing to meet the applicable standard of care and by failing to design the Project in accordance...

Blount v. United States  
Date: June 27, 2017
Docket Number: 15-5056

Justia Opinion Summary: Appellant appealed the district court's dismissal of his habeas petition as time-barred, seeking a certificate of appealability (COA) from the DC Circuit. Because the petition was plainly time-barred and no jurist of rea...

Herron v. Fannie Mae  
Date: June 27, 2017
Docket Number: 16-5070

Justia Opinion Summary: After her move to Treasury was blocked and her contract work with Fannie Mae was terminated, plaintiff filed suit alleging claims under District of Columbia law and, in the alternative, under Bivens. The DC Circuit affir...

Raymond J. Lucia Companies, In v. SEC
Date: June 26, 2017
Docket Number: 15-1345
United States v. Dorman  
Date: June 23, 2017
Docket Number: 14-3064

Justia Opinion Summary: Defendant was convicted of unlawful possession with intent to distribute 100 grams or more of PCP (Count 1), unlawful possession of a firearm or ammunition by a person convicted of a felony (Count 2), and using, carrying...

Day v. Trump  
Date: June 23, 2017
Docket Number: 15-5144

Justia Opinion Summary: Plaintiff, a federal prisoner, filed a pro se petition seeking relief by way of writ from what he alleged to be an illegally imposed sentence. The DC Circuit rejected plaintiff's claims under the international doctrine o...

Louisiana Public Service Commission v. FERC  
Date: June 23, 2017
Docket Number: 16-1014

Justia Opinion Summary: LPSC petitioned for review of FERC's rejection of LPSC's request to reform certain depreciation rates. The DC Circuit denied the petition for review and rejected LPSC's claim that FERC failed to confront its asserted evi...

Millennium Pipeline Co. v. Seggos  
Date: June 23, 2017
Docket Number: 16-1415

Justia Opinion Summary: Millennium petitioned to compel the New York State Department of Environmental Conservation to act on Millennium's application for a water-quality certificate. The DC Circuit dismissed the petition for review, holding th...

Jam v. International Finance Corp.  
Date: June 23, 2017
Docket Number: 16-7051

Justia Opinion Summary: A group of Indian nationals filed suit against the IFC, alleging that a power plant financed by the IFC caused damage to surrounding communities in Gujarat, India. The DC Circuit affirmed the district court's dismissal o...

DL v. District of Columbia  
Date: June 23, 2017
Docket Number: 16-7076

Justia Opinion Summary: Plaintiffs, the parents of six children, filed suit against the District, alleging that it was violating the "Child Find" requirement of the Individuals with Disabilities Education Act (IDEA) by failing to provide specia...

Advanced Energy Management Alliance v. FERC  
Date: June 20, 2017
Docket Number: 16-1234

Justia Opinion Summary: Petitioners challenged the Commissions' approval of revisions to the rules governing the buying and selling of "capacity" for markets operated by PJM. The DC Circuit held that the Commission balanced the benefits of the...

United States v. $17,900.00  
Date: June 20, 2017
Docket Number: 16-5284

Justia Opinion Summary: The DC Circuit reversed the district court's grant of summary judgment in favor of the government based on claimants' lack of Article III standing in a civil forfeiture case. The court held that claimants met their burde...

De Csepel v. Republic of Hungary  
Date: June 20, 2017
Docket Number: 16-7042

Justia Opinion Summary: This case stems from the Herzog family's effort to recover a valuable art collection seized during the Holocaust. On remand, the district court concluded that the family's claims against the Republic of Hungary, its muse...

Montes v. Janitorial Partners, Inc.  
Date: June 16, 2017
Docket Number: 15-7107

Justia Opinion Summary: After plaintiff's employer failed to respond to his suit for wage underpayment, plaintiff obtained a default judgment for himself and two other employees. The district court subsequently vacated its default judgment as t...

Lee v. USAID  
Date: June 16, 2017
Docket Number: 16-5276

Justia Opinion Summary: Plaintiff filed suit contending that USAID and NOAA violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., by terminating his employment because of his national origin. He also contended that NOAA v...

Global Tel*Link v. FCC  
Date: June 13, 2017
Docket Number: 15-1461

Justia Opinion Summary: Petitioners challenged the Commission's order that set permanent rate caps and ancillary fee caps for interstate inmate calling services (ICS) calls. After the presidential inauguration in January 2017, counsel for the F...

United Airlines, Inc. v. TSA  
Date: June 13, 2017
Docket Number: 16-1200

Justia Opinion Summary: Petitioner sought refunds from TSA for overpayments it made to TSA that related to fees charged to airline passengers that fund aviation security expenses and were to be remitted to TSA. TSA conducted an informal adjudic...

Galvin v. United States  
Date: June 13, 2017
Docket Number: 16-5053

Justia Opinion Summary: Plaintiff and her husband filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), 2671-2680, against the government after she suffered severe injuries in her diplomatic housing when stationed overseas...

Niskey v. Kelly  
Date: June 9, 2017
Docket Number: 14-5285

Justia Opinion Summary: The DC Circuit held that the district court properly dismissed plaintiff's claims against DHS for failure to exhaust his administrative remedies. Although plaintiff initiated this administrative exhaustion process for hi...

Redmond v. Fulwood, Jr.  
Date: June 9, 2017
Docket Number: 15-5145

Justia Opinion Summary: Plaintiff filed suit against defendant, the former chair of the United States Parole Commission, alleging that plaintiff's denials of parole were infected by unconstitutional decisionmaking. The district court dismissed...

Delaware v. STB  
Date: June 9, 2017
Docket Number: 16-1121

Justia Opinion Summary: Delaware petitioned for review of the Board's order determining that Senate Bill 135 was categorically preempted under 49 U.S.C. 10501(b) of the Interstate Commerce Act, as broadened in the Interstate Commerce Commissio...

King Soopers, Inc. v. NLRB  
Date: June 9, 2017
Docket Number: 16-1316

Justia Opinion Summary: The company petitioned for review of the Board's order to reinstate an employee with make-whole relief, and to reimburse the employee for search-for-work and interim employment expenses regardless of whether those expens...

American Baptist Homes of the West v. NLRB  
Date: June 6, 2017
Docket Number: 15-1445

Justia Opinion Summary: Piedmont Garden petitioned for review of the Board's determination that Piedmont Gardens violated the National Labor Relations Act by withholding certain of the requested information, and order requiring Piedmont Gardens...

Environmental Integrity Project v. EPA  
Date: May 30, 2017
Docket Number: 16-5109

Justia Opinion Summary: Environmental groups requested records from the EPA that the agency had previously obtained from power plants under Section 308 of the Clean Water Act, 33 U.S.C. 1318(a), (b). The records requested are exempt from disclo...

Zuza v. Office of the High Representative  
Date: May 30, 2017
Docket Number: 16-7027

Justia Opinion Summary: The 1995 Dayton Peace Agreement established Bosnia and Herzegovina as an independent, democratic and multiethnic state with two separate political subdivisions—the Republika Srpska and the Federation of Bosnia and Herzeg...

Baylor v. Mitchell Rubenstein & Assoc.  
Date: May 30, 2017
Docket Number: 16-7070

Justia Opinion Summary: Plaintiff filed suit against defendant after it attempted to collect debt from plaintiff, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA), the District of Columbia Consumer Protections P...

Hawaiian Dredging Construction v. NLRB  
Date: May 26, 2017
Docket Number: 15-1039

Justia Opinion Summary: Hawaiian Dredging petitioned for review of the Board's ruling that the company violated Sections 8(a)(3) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(3) and (1), by terminating welders because of...

Neustar, Inc. v. FCC  
Date: May 26, 2017
Docket Number: 15-1080

Justia Opinion Summary: Neustar petitioned for review of the FCC's orders naming another company, Telcordia, to replace it as the Local Number Portability Administrator (LNPA). The DC Circuit held that it had jurisdiction to hear Neustar's peti...

Rodriguez v. Penrod  
Date: May 26, 2017
Docket Number: 15-1096

Justia Opinion Summary: Plaintiff filed suit alleging that the Army unlawfully relieved him of command in retaliation for whistleblowing, in violation of the Military Whistleblower Protection Act of 1988, 10 U.S.C. 1034. On appeal, plaintiff ch...

Epsilon Electronics v. US Department of Treasury  
Date: May 26, 2017
Docket Number: 16-5118

Justia Opinion Summary: OFAC is authorized to impose civil penalties against any person who exports goods to a third party who it has reason to know intends to send them to Iran. At issue was whether OFAC must also show that the goods actually...

Washington Alliance of Technology Workers v. DHS  
Date: May 26, 2017
Docket Number: 16-5235

Justia Opinion Summary: Washtech, a labor union that represents American workers, appealed from a fee award it received under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, for proceedings in which it partially succeeded in challenging...

Delaware Riverkeeper Network v. FERC  
Date: May 23, 2017
Docket Number: 16-1092

Justia Opinion Summary: Riverkeeper petitioned for review of FERC's Certificate of Public Convenience and Necessity conditionally approving the Leidy Project. The DC Circuit denied the petition and held that it had jurisdiction to consider Rive...

United States v. Brown  
Date: May 23, 2017
Docket Number: 16-3076

Justia Opinion Summary: Defendant appealed his 144 month sentence after pleading guilty to one count of distributing child pornography. The DC Circuit affirmed, holding that the district court met its procedural duty to offer specific reasons a...

Cierco v. Mnuchin  
Date: May 23, 2017
Docket Number: 16-5185

Justia Opinion Summary: Appellants, the majority shareholder of Banca Privada d'Andorra S.A., filed suit claiming that FinCEN violated the Administrative Procedure Act (APA) by issuing a Notice of Finding and a Notice of Proposed Rulemaking pro...

TNA Merchant Projects v. FERC  
Date: May 19, 2017
Docket Number: 13-1008

Justia Opinion Summary: Section 309 of the Federal Power Act (FPA), 16 U.S.C. 825h, vests the Commission with broad remedial authority, including the authority to grant recoupment when it is justified; Section 201(f) does not limit the authorit...

Wilkes-Barre Hospital v. NLRB  
Date: May 19, 2017
Docket Number: 15-1318

Justia Opinion Summary: Petitioner sought review of the Board's decision and order finding that the Hospital violated section 8(a)(1) and (a)(5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), by unilaterally ceasing the payment...

Taylor v. Huerta  
Date: May 19, 2017
Docket Number: 15-1495

Justia Opinion Summary: The FAA's Registration Rule requires the owners of small unmanned aircraft operated for recreational purposes (model aircraft) to register with the FAA. Advisory Circular 91-57A announced that model aircraft would be sub...

Limnia, Inc. v. DOE  
Date: May 19, 2017
Docket Number: 16-5279

Justia Opinion Summary: A district court has broad discretion to decide whether and when to grant an agency's request for a voluntary remand. But a voluntary remand is typically appropriate only when the agency intends to revisit the challenged...

(Order) Michelle Smith v. Mayor, District of Columbia
Date: May 19, 2017
Docket Number: 16-7109
Ruisi v. NLRB  
Date: May 16, 2017
Docket Number: 16-1031

Justia Opinion Summary: Petitioners filed suit contending that the Board erred in holding that the union did not violate its duty of fair representation when it declined to provide petitioners with the anniversary of the dates when they signed...

Keepseagle v. Perdue  
Date: May 16, 2017
Docket Number: 16-5189

Justia Opinion Summary: In 2011, the district court approved a Settlement Agreement that created a $680 million compensation fund for the benefit of class members consisting of Native American farmers and ranchers who participated in a non-judi...

Senate Permanent Subcommittee on Investigations v. Ferrer  
Date: May 16, 2017
Docket Number: 16-5232

Justia Opinion Summary: Appellant challenged two district court orders directing him to produce various documents in response to a subpoena issued by the Senate Permanent Subcommittee on Investigations. While the appeal was pending, appellant t...

United States v. Crews  
Date: May 9, 2017
Docket Number: 14-3089

Justia Opinion Summary: The DC Circuit affirmed defendant's conviction related to involvement in an attempted robbery. The DC Circuit held that the district court remedied what little prejudice an emergency room nurse's testimony might have pro...

AquAlliance v. United States Bureau of Reclamation  
Date: May 9, 2017
Docket Number: 15-5325

Justia Opinion Summary: The DC Circuit affirmed the Bureau's withholding of water well location and depth information under Exemption 9 of the Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(9), holding that Exemption 9 permits the governmen...

Kahl v. Bureau of National Affairs  
Date: May 9, 2017
Docket Number: 16-7033

Justia Opinion Summary: The DC Circuit reversed the denial of summary judgment to BNA and remanded with directions that the district court grant summary judgment to BNA on plaintiff's defamation claims. Plaintiff was convicted of murdering two...

Oak Harbor Freight Lines, Inc. v. NLRB  
Date: May 2, 2017
Docket Number: 14-1226

Justia Opinion Summary: When Oak Harbor stopped making contributions to four health benefit and pension trusts, the Union filed unfair labor practice charges. The Board properly concluded that the Union waived its statutory rights to receive an...

Minteq International v. NLRB  
Date: April 28, 2017
Docket Number: 16-1276

Justia Opinion Summary: The court denied Minteq's petition for review and affirmed the Board's finding that the company violated section 8(a)(1) and (5) of the Fair Labor Standards Act, 29 U.S.C. 158(a)(1), (5), by failing to afford the employe...

National Railroad Passenger Corp. v. Fraternal Order of Police  
Date: April 28, 2017
Docket Number: 16-7004

Justia Opinion Summary: The court affirmed vacatur of an arbitrator's ruling that Amtrak must reinstate an employee Amtrak fired for misconduct, holding that contractual provisions could not "add to nor subtract from" an Inspector General's inv...

United States v. Anthem  
Date: April 28, 2017
Docket Number: 17-5024

Justia Opinion Summary: The court affirmed the issuance of a permanent injunction enjoining the merger of Anthem and Cigna under Section 7 of the Clayton Act, 15 U.S.C. 18. The court held that the district court did not abuse its discretion in...

Portland General Electric Comp v. FERC  
Date: April 25, 2017
Docket Number: 15-1237

Justia Opinion Summary: Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. 824a-3, seeks to reduce reliance on fossil fuels by increasing the number of energy-efficient cogeneration and small power-production f...

Bellagio, LLC v. NLRB  
Date: April 25, 2017
Docket Number: 15-1327

Justia Opinion Summary: Bellagio challenged the Board's decision and order determining that Bellagio violated section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), when it interfered with employee Gabor Garner's right...

United States v. Philip Morris USA Inc.  
Date: April 25, 2017
Docket Number: 16-5101

Justia Opinion Summary: This appeal stemmed from the parties' dispute over the precise language used in "corrective statements" cigarette manufacturers were ordered to disseminate. The district court's remedy requiring the manufacturers to issu...

SoundExchange, Inc. v. Muzak LLC  
Date: April 25, 2017
Docket Number: 16-7041

Justia Opinion Summary: SoundExchange, a nonprofit entity, charged with the responsibility of collecting royalties for performing artists and copyright owners of music, filed suit under the Copyright Act, 17 U.S.C. 101 et seq., against Muzak, a...

Kincaid v. Government of the District of Columbia  
Date: April 25, 2017
Docket Number: 16-7066

Justia Opinion Summary: Plaintiffs, a group of individuals who resolved their misdemeanor charges using the District of Columbia's post-and-forfeit procedure, filed suit challenging the procedure and the statute authorizing it as unconstitution...

Citizens for Responsibility and Ethics in Washington v. DOJ  
Date: April 21, 2017
Docket Number: 16-5138

Justia Opinion Summary: CREW filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552, after the FBI declined to provide requested information related to former House of Representatives Majority Leader Tom DeLay. On appeal, CREW cha...

CFPB v. Accrediting Council For Independent Colleges and Schools  
Date: April 21, 2017
Docket Number: 16-5174

Justia Opinion Summary: CFPB filed a petition to enforce a civil investigative demand, seeking information relating to unlawful acts and practices in connection with accrediting for-profit colleges. The district court denied the petition. The c...

Emera Maine v. FERC  
Date: April 18, 2017
Docket Number: 15-1139

Justia Opinion Summary: Petitioners challenged the Commissions' determinations following compliance filings by the regional transmission organization for New England's electric grid. The court concluded that the Transmission Owners have standin...

Allied Aviation Service Comp. v. NLRB  
Date: April 18, 2017
Docket Number: 15-1321

Justia Opinion Summary: Allied, a commercial airline fuel service provider, challenged the Board's decision that Allied violated the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq., by failing to recognize and bargain with the Union....

Maine v. FERC  
Date: April 14, 2017
Docket Number: 15-1118

Justia Opinion Summary: Transmissions Owners provide transmission services for customers in New England. Consumers, Massachusetts and various consumer-side stakeholders, filed suit under section 206 of the Federal Power Act (FPA), 16 U.S.C. 824...

Aka v. United States Tax Court  
Date: April 14, 2017
Docket Number: 15-1401

Justia Opinion Summary: Wilfred I. Aka appealed the Tax Court's decision to disbar him and, alternatively, its failure to include in its disbarment order instructions for his reinstatement. The court held that it has jurisdiction to review Tax...

United States v. Palmer  
Date: April 14, 2017
Docket Number: 15-3006

Justia Opinion Summary: The court affirmed defendant's convictions on direct appeal for convictions of conspiracy and related offenses involving the large-scale distribution and sale of unlawful drugs in Washington, D.C. Defendant then filed a...

Waterkeeper Alliance v. EPA  
Date: April 11, 2017
Docket Number: 09-1017

Justia Opinion Summary: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9603, and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11004, require parties to...

Carpenters Industrial Council v. Zinke  
Date: April 11, 2017
Docket Number: 15-5304

Justia Opinion Summary: The Services issued a Final Rule in 2012 designating 9.5 million acres of federal forest lands in California, Oregon, and Washington as critical habitat for the northern spotted owl. The Council filed suit challenging th...

U.S. Assoc. of Reptile Keepers v. Zinke  
Date: April 7, 2017
Docket Number: 15-5199

Justia Opinion Summary: Plaintiffs, individuals who breed and sell animals, filed the underlying action in district court, challenging a 2012 rule in which the Fish and Wildlife Service designated as injurious four species of snakes. At issue o...

Prisology, Inc. v. BOP  
Date: April 4, 2017
Docket Number: 15-5003

Justia Opinion Summary: Prisology filed suit alleging that the BOP failed to comply with the Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(2). The district court dismissed the suit based on lack of jurisdiction. The court concluded that Pr...

NextEra Desert Center Blythe v. FERC  
Date: April 4, 2017
Docket Number: 16-1003

Justia Opinion Summary: Petitioner, a major producer of solar power, challenged the Commission's order denying its effort to obtain financial instruments known as Congestion Revenue Rights. The court concluded that FERC erroneously determined t...

Navajo Nation v. DOI  
Date: April 4, 2017
Docket Number: 16-5117

Justia Opinion Summary: The Navajo Nation filed suit to enforce a proposed funding agreement. By law, the BIA had 90 days after receipt to act on the proposal or it would be deemed approved. The BIA did not consider the proposal "received" unti...

Bais Yaakov of Spring Valley v. FCC  
Date: March 31, 2017
Docket Number: 14-1234

Justia Opinion Summary: The Junk Fax Prevention Act of 2005, 47 U.S.C. 227(b) bans most unsolicited fax advertisements, but allows unsolicited fax advertisements in certain commercial circumstances. The FCC issued a rule in 2006 that requires b...

United States v. Fry  
Date: March 31, 2017
Docket Number: 15-3062

Justia Opinion Summary: Defendant appealed his 108 month sentence after pleading guilty to one count of possession of child pornography. The court rejected defendant's contentions and concluded that the the district court gave adequate consider...

Dhiab v. Trump  
Date: March 31, 2017
Docket Number: 16-5011

Justia Opinion Summary: This appeal and cross-appeal relate to the district court's orders releasing video recordings made at Guantanamo Bay, depicting military personnel removing a detainee, Abu Wa'el (Jihad) Dhiab, from his cell, transporting...

Belize Bank Limited v. Government of Belize  
Date: March 31, 2017
Docket Number: 16-7083

Justia Opinion Summary: After an arbitral tribunal in London found the Government of Belize in breach of a settlement agreement with The Bank of Belize Limited, the tribunal ordered that Belize pay the Bank a substantial monetary award. Belize...

Banner Health System v. NLRB  
Date: March 24, 2017
Docket Number: 15-1245

Justia Opinion Summary: The Board concluded that Banner unlawfully barred its workers from sharing information about salaries and employee discipline. The Board also determined that Banner unlawfully maintained a categorical policy of asking em...

National Association of Regulatory Utility Commissioners v. FCC  
Date: March 24, 2017
Docket Number: 15-1497

Justia Opinion Summary: NARUC challenged the FCC's order authorizing interconnected Voice-over-Internet-Protocol service providers (I-VoIPs) to obtain North American Numbering Plan telephone numbers directly from the Numbering Administrators ra...

Livnat v. Palestinian Authority  
Date: March 24, 2017
Docket Number: 15-7024

Justia Opinion Summary: Plaintiffs filed suit seeking to hold the Palestinian Authority vicariously liable for an attack of a holy site in the West Bank by an armed gunman. The court rejected plaintiffs' claim that the Fifth Amendment's Due Pro...

Stewart v. NLRB  
Date: March 21, 2017
Docket Number: 15-1102

Justia Opinion Summary: Petitioners, a group of employees, during the period between the expiration of the operative collective bargaining agreement and the commencement of a new one, resigned from their union and sought to revoke their dues-ch...

National Association for the Advancement of Multijurisdiction Practice v. Howell  
Date: March 14, 2017
Docket Number: 16-5020

Justia Opinion Summary: NAAMJP and two of its members filed suit alleging that bar admission conditions for the United States District Court for the District of Columbia, established in the identical text of Local Civil Rule 83.8 and Local Crim...

Matthew A. Goldstein, PLLC v. DOS  
Date: March 14, 2017
Docket Number: 16-5034

Justia Opinion Summary: DOS regulates international arms brokering under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), 22 U.S.C. 2778(a)(1). Pursuant to section 2778(b)(1)(A)(i), those who manufacture, im...

Doe v. Republic of Ethiopia  
Date: March 14, 2017
Docket Number: 16-7081

Justia Opinion Summary: Plaintiff filed suit against Ethiopia, alleging violation of the Wiretap Act, 18 U.S.C. 2510 et seq., and the Maryland common law tort of intrusion upon seclusion. Plaintiff alleged that he was tricked into downloading a...

Nanko Shipping, USA v. Alcoa  
Date: March 10, 2017
Docket Number: 15-7070

Justia Opinion Summary: In 1963, the Republic of Guinea entered into an agreement with Halco establishing the Compagnie des Bauxites de Guinée (CBG) for the purpose of developing Guinea's rich bauxite mines. Nanko filed suit against Alcoa, alle...

ABM Onsite Services - West, Inc. v. NLRB  
Date: March 7, 2017
Docket Number: 15-1299

Justia Opinion Summary: ABM petitioned for review of the Board's determination that the Union's effort to represent the workers who handle airline baggage was governed by the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq., and not t...

Scomas of Sausalito v. NLRB  
Date: March 7, 2017
Docket Number: 15-1412

Justia Opinion Summary: 29 of the bargaining unit's 54 employees had signed a decertification petition asking Scomas to withdraw recognition from the Union immediately if the petitioners make up 50% or more of the bargaining unit. Unaware that...

FedEx Home Delivery v. NLRB  
Date: March 3, 2017
Docket Number: 14-1196

Justia Opinion Summary: FedEx petitioned for review of the Board's conclusion that single-route FedEx drivers based at the Hartford, Connecticut terminal were "employees" under the National Labor Relation Act, 29 U.S.C. 151 et seq. In FedEx Hom...

Defenders of Wildlife v. Zinke  
Date: March 3, 2017
Docket Number: 14-5300

Justia Opinion Summary: The Secretary and the State of Wyoming appealed the district court's judgment vacating a rule delisting the gray wolf in Wyoming as a protected species. The Secretary and the State principally argued that the district co...

Johnson v. Interstate Management  
Date: March 3, 2017
Docket Number: 14-7164

Justia Opinion Summary: Plaintiff filed suit against defendant after he was terminated from his position as a cook, alleging that defendant retaliated against him for his previous complaints under Section 11(c) of the Occupational Safety and He...

United States v. Bronstein  
Date: March 3, 2017
Docket Number: 16-3003

Justia Opinion Summary: Defendants were arrested after interrupting an oral argument session of the United States Supreme Court. On appeal, defendants challenged their conviction under 40 U.S.C. 6134, the statue that prohibits making a "harangu...

Government of the Province of Manitoba v. Zinke  
Date: March 3, 2017
Docket Number: 16-5203

Justia Opinion Summary: North Dakota filed a motion to modify an injunction governing the Northwest Area Water Supply Project, but the district court stated that North Dakota did not present either changes in law or facts sufficient to warrant...

John Doe Company v. CFPB
Date: March 3, 2017
Docket Number: 17-5026
Center for Regulatory Reasonableness v. EPA  
Date: February 28, 2017
Docket Number: 14-1150

Justia Opinion Summary: In 2011, EPA issued policy letters that explained and arguably changed two EPA policies with respect to publicly owned water treatment facilities. A group representing interests of municipalities prevailed in the Eighth...

United States v. Ross  
Date: February 24, 2017
Docket Number: 11-3115

Justia Opinion Summary: Defendant plead guilty to failing to register with local authorities under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et seq. Defendant first argued that insofar as the Attorney General t...

United States v. Borda  
Date: February 21, 2017
Docket Number: 13-3074

Justia Opinion Summary: Defendants Borda and Alvaran-Velez appealed their convictions under 21 U.S.C. 959, 960, 963 of conspiracy to distribute five kilograms or more of cocaine knowing and intending that the cocaine would be unlawfully importe...

Perry Capital LLC v. Mnuchin  
Date: February 21, 2017
Docket Number: 14-5243

Justia Opinion Summary: Under the Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289, 122 Stat. 2654, the Federal Housing Finance Agency (FHFA) became the conservator of Fannie Mae and Freddie Mac. In 2012, FHFA and Treasury adopted...

Bowman v. Iddon  
Date: February 21, 2017
Docket Number: 15-7118

Justia Opinion Summary: Plaintiff filed suit seeking damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, alleging that IRS employees barred him from representing taxpayers before the Service without due process...

United States ex rel. McBride v. Halliburton  
Date: February 17, 2017
Docket Number: 15-7144

Justia Opinion Summary: Relator filed suit against KBR, alleging violations of the False Claims Act (FCA), 31 U.S.C. 3729(a), based on KBR's alleged inflation of "headcount" data from July 2004 to March 2005. The headcount data purported to tra...

PHH Corporation v. CFPB
Date: February 16, 2017
Docket Number: 15-1177
Raymond J. Lucia Companies, In v. SEC
Date: February 16, 2017
Docket Number: 15-1345
United States v. Jackson  
Date: February 14, 2017
Docket Number: 15-3053

Justia Opinion Summary: Defendant pleaded guilty to willful failure to pay over federal employment taxes in violation of 26 U.S.C. 7202 and received an above-Guidelines sentence of imprisonment. On appeal, defendant challenged his sentence. Def...

National Security Counselors v. DOJ  
Date: February 14, 2017
Docket Number: 15-5117

Justia Opinion Summary: Two Freedom of Information Act (FOIA), 5 U.S.C. 500 et seq., requesters challenged the fees assessed against them by the DOJ for processing their requests for records. The district court awarded summary judgment to the D...

Chenari v. George Washington University  
Date: February 10, 2017
Docket Number: 16-7055

Justia Opinion Summary: Chenari, a third-year George Washington University medical student, took a test published by the National Board of Medical Examiners. Before the exam, the proctor read aloud the instructions from NBME’s official manual,...

Judicial Watch, Inc. v. DOD  
Date: February 7, 2017
Docket Number: 16-5054

Justia Opinion Summary: Judicial Watch filed suit against the DOD, alleging that the Department violated the Freedom of Information Act (FOIA), 5 U.S.C. 552, when it failed to release copies of documents related to a 2014 determination by the S...

NLRB v. Tito Contractors, Inc.  
Date: February 3, 2017
Docket Number: 15-1217

Justia Opinion Summary: After Tito refused to bargain with the Union, the Union filed an unfair labor practice complaint. The Board eventually granted summary judgment, ordering Tito to bargain with the Union. Tito petitioned for review and the...

Continental Resources, Inc. v. Jewell  
Date: January 31, 2017
Docket Number: 15-5333

Justia Opinion Summary: Continental extracts gas from leased federal land and pays royalties to the Interior Department. An agency within the Interior Department began an administrative proceeding against Continental by issuing an order demandi...

Citizens for Responsibility and Ethics in Washington v. DOJ  
Date: January 31, 2017
Docket Number: 16-5110

Justia Opinion Summary: Plaintiff filed suit under the Administrative Procedure Act (APA), 5 U.S.C. 704, seeking to compel the DOJ's Office of Legal Counsel (OLC) to meet its disclosure obligations under the "reading room" provision of the Free...

United States v. Vyner  
Date: January 27, 2017
Docket Number: 14-3091

Justia Opinion Summary: Defendant plead guilty to violating 18 U.S.C. 1546(a), which penalizes the knowing possession of an altered document prescribed by statute or regulation for entry into the United States. The court concluded that defendan...

Act Now to Stop War and End Racism Coalition v. District of Columbia  
Date: January 24, 2017
Docket Number: 12-7139

Justia Opinion Summary: Two nonprofit organizations, ANSWER and MASF, challenge the District's sign-posting rule that requires removal of signs relating to an event within 30 days of the event, whether the 180-day period for signs on public lam...

United States v. Kenny  
Date: January 24, 2017
Docket Number: 14-3092

Justia Opinion Summary: Defendant was sentenced to 30 months in prison after revocation of his supervised release based on drug charges in Maryland. Defendant appealed. The court held that defendant failed to show clear or obvious error that af...

800 River Road Operating Co. v. NLRB  
Date: January 24, 2017
Docket Number: 15-1204

Justia Opinion Summary: Woodcrest seeks to set aside the Board's order requiring it to bargain with the Union and to remand for a new election. The court rejected Woodcrest's claims that the denial of its request to subpoena six individuals irr...

United States v. Jones  
Date: January 24, 2017
Docket Number: 15-3063

Justia Opinion Summary: Defendants Butler and Jones, serving lengthy prison sentences for drug offenses, challenge the district court's denial of sentence reductions under 18 U.S.C. 3582(c)(2). The district court agreed that it could reduce def...

West v. Lynch  
Date: January 18, 2017
Docket Number: 15-5107

Justia Opinion Summary: In 2013, the Department of Justice issued a guidance memorandum, the Cole Memorandum, that addresses enforcement of the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., in cases involving marijuana. Plaintiff file...

Bartko v. SEC  
Date: January 17, 2017
Docket Number: 14-1070

Justia Opinion Summary: After petitioner was convicted of conspiracy, selling unregistered securities, and mail fraud, the SEC barred petitioner from associating with six classes of securities market participants. The court agreed with petition...

United States v. Trabelsi  
Date: January 17, 2017
Docket Number: 15-3075

Justia Opinion Summary: This appeal stems from the United States' attempt to extradite Nizar Trabelsi from Belgium based on a grand jury indictment for various conspiracy and terrorism offenses. The district court denied Trabelsi's motion to di...

A.N.S.W.E.R. Coalition v. Basham  
Date: January 17, 2017
Docket Number: 16-5047

Justia Opinion Summary: The ANSWER Coalition challenges a 2008 Park Service regulation authorizing a priority permit setting aside a fraction of those spaces for identified Presidential Inaugural Committee uses on Inauguration Day. The Coalitio...