2012 D.C. Circuit U.S. Court of Appeals Case Law

United States v. Moore  
Date: December 28, 2012
Docket Number: 10-3093

Justia Opinion Summary: Defendant pled guilty to Student Aid Fraud, Bank Fraud, and Social Security Fraud. Defendant appealed from the district court's judgment on several grounds. The court held that the district court erred in describing the...

Black Beauty Coal Co. v. MSHR, et al  
Date: December 28, 2012
Docket Number: 11-1306

Justia Opinion Summary: Black Beauty petitioned for review of an order of the Federal MSHRC adopting the findings of the ALJ. The court held that the ALJ's conclusion that Black Beauty violated 30 C.F.R. 75.400 was supported by substantial evid...

Earle v. District of Columbia  
Date: December 28, 2012
Docket Number: 11-7078

Justia Opinion Summary: Appellant alleged that the District of Columbia violated rights conferred upon him by Article 36(1)(b) of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 101, 596 U.N.T.S. 261. Appellant is a na...

Rollins v. Wackenhut Services, Inc., et al  
Date: December 28, 2012
Docket Number: 11-7094

Justia Opinion Summary: Plaintiff appealed from the dismissal of wrongful death and survival actions she filed against her son's employer and two pharmaceutical companies. Plaintiff's son committed suicide using a gun provided by his employer w...

In re: Sealed Case, et al  
Date: December 21, 2012
Docket Number: 11-3038

Justia Opinion Summary: Appellant pleaded guilty to four counts of sex trafficking of children and was sentenced to imprisonment, as well as ordered to pay a total of $3,892,055 in restitution to the four victims. On appeal, appellant challenge...

Coalition for Responsible Reg v. EPA
Date: December 20, 2012
Docket Number: 09-1322
State of New Jersey v. EPA
Date: December 19, 2012
Docket Number: 05-1097
Calpine Corp., et al v. FERC  
Date: December 18, 2012
Docket Number: 11-1122

Justia Opinion Summary: Petitioners, a group of California generators, including Calpine, petitioned for review of FERC's orders under the Federal Power Act, 16 U.S.C. 824. On appeal, the court considered FERC's authority to regulate public-uti...

Ampersand Publishing, LLC v. NLRB  
Date: December 18, 2012
Docket Number: 11-1284

Justia Opinion Summary: After the union and a former newsroom supervisor filed complaints against Ampersand, the ALJ found - and the Board affirmed - that each of these actions violated section 8(a)(1) and/or 8(a)(3) of the National Labor Relat...

Medco Health Sol. of Las Vegas v. NLRB  
Date: December 14, 2012
Docket Number: 11-1282

Justia Opinion Summary: In an effort to encourage superior performance, Medco introduced what it called the "WOW" program. This dispute arose when an employee wore a shirt with the Union's logo on the front and a message on the back that stated...

PMCM TV, LLC v. FCC  
Date: December 14, 2012
Docket Number: 11-1330

Justia Opinion Summary: Relying on section 331(a) of the Communications Act, 47 U.S.C. 331(a), appellant filed an application to reallocate VHF channels from Nevada and Wyoming to New Jersey and Delaware. The FCC denied the application, interpr...

Khairkhwa, et al v. Obama, et al  
Date: December 14, 2012
Docket Number: 11-5180

Justia Opinion Summary: Petitioner, a detainee at Guantanamo Bay Naval Base, appealed from the district court's denial of his petition for a writ of habeas corpus. Petitioner, an Afghan national, became a senior Taliban official in 1994. He ass...

Pollack v. Duff, et al  
Date: December 14, 2012
Docket Number: 11-5283

Justia Opinion Summary: Appellant brought suit against officials of the Administrative Office, solely in their official capacities, alleging that they rejected her job application in violation of her constitutional rights. The district court di...

Vann, et al v. DOI, et al  
Date: December 14, 2012
Docket Number: 11-5322

Justia Opinion Summary: A group of Freedmen, former Cherokee slaves and their descendants, sued in district court claiming that the Cherokee Nation had violated the 1866 Treaty that guaranteed the Freedmen all the rights of native Cherokees. To...

Kifafi v. Hilton Hotel Retirement Plan, et al  
Date: December 14, 2012
Docket Number: 11-7113

Justia Opinion Summary: Appellee, an employee and participant in Hilton's retirement plan, sued for violations under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. Appellee alleged that the Plan's benefit accrual fo...

Judicial Watch, Inc. v. SSA  
Date: December 11, 2012
Docket Number: 11-5246

Justia Opinion Summary: When an employee's name and Social Security number listed on Form W-2 do not match in the SSA's database and this happens to a sufficient number of employees, the SSA sends the employer a "no-match" letter. In 2006, Judi...

Cellco Partnership v. FCC  
Date: December 4, 2012
Docket Number: 11-1135

Justia Opinion Summary: Recognizing the growing importance of mobile data in a wireless market in which smartphones are increasingly common, the FCC adopted a rule requiring mobile-data providers to offer roaming agreements to other such provid...

KLB Industries, Inc. v. NLRB  
Date: December 4, 2012
Docket Number: 11-1280

Justia Opinion Summary: Petitioner sought substantial wage concessions on the basis of competitive pressures it claimed to be facing. Seeking to verify this contention, the union requested information about petitioner's prices and customers. Pe...

United States v. Warren  
Date: November 30, 2012
Docket Number: 11-3030

Justia Opinion Summary: Defendant appealed his 65-month sentence of imprisonment, arguing that it was both procedurally and substantively defective. Among other arguments, defendant contended that his Post-Traumatic Stress Disorder (PTSD), depr...

Northern Natural Gas Co. v. FERC  
Date: November 27, 2012
Docket Number: 11-1240

Justia Opinion Summary: In response to a tariff filing by Northern Natural Gas, FERC issued an interpretation of section 4(f) of the Natural Gas Act, 15 U.S.C. 717c(f). Northern objected to the interpretation and further argued that even if it...

Erie Brush & Manufacturing Corp. v. NLRB  
Date: November 27, 2012
Docket Number: 11-1337

Justia Opinion Summary: Erie petitioned for review of the Board's decision finding that Erie violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5). Erie challenged the Board's finding of unlawful refusal...

SFO Good-Nite Inn, LLC v. NLRB  
Date: November 20, 2012
Docket Number: 11-1295

Justia Opinion Summary: Good-Nite withdrew recognition on Unite Here! Local 2 based on anti-union petitions that the Board found were impermissibly tainted by Good-Nite's unlawful assistance to the decertification effort in violation of section...

Conservation Force, et al v. Salazar, et al  
Date: November 16, 2012
Docket Number: 10-5432

Justia Opinion Summary: This appeal was from the denial of a motion for attorneys fees and costs under the citizen-suit provision of the Endangered Species Act (ESA), 16 U.S.C. 1540(g)(4). Appellants sued the FWS, alleging that the agency viola...

United States v. McDade  
Date: November 9, 2012
Docket Number: 09-3094

Justia Opinion Summary: Defendant filed a motion challenging his sentence pursuant to 28 U.S.C. 2255 after he failed to obtain reversal of his conviction. The motion was filed within the one-year limitation of section 2255(f), but did not inclu...

United States v. Fair  
Date: November 9, 2012
Docket Number: 09-3120

Justia Opinion Summary: Defendant pled guilty to copyright infringement and mail fraud. Pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. 3663A, the district court ordered him to pay restitution to Adobe Systems in an amount eq...

United States v. Fields  
Date: November 9, 2012
Docket Number: 09-3137

Justia Opinion Summary: Defendant was convicted of drug related offenses and sentenced before Congress passed the Fair Sentencing Act of 2010 (FSA), Pub. L. No. 111-220, section 2, 124 Stat. 2372, which reduced the disparity between the treatme...

Desert Citizens Against Pollution, et al v. EPA, et al  
Date: November 9, 2012
Docket Number: 11-1113

Justia Opinion Summary: Petitioners challenged the EPA's rulemaking regarding hazardous air pollutants (HAPs). At issue was whether section 112(c)(6) of the Clean Air Act, 42 U.S.C. 7412(c)(6), required the EPA to impose the same stringency lev...

Sierra Club v. EPA, et al  
Date: November 9, 2012
Docket Number: 11-1184

Justia Opinion Summary: Sierra Club challenged a determination of the EPA, which announced that it had met the regulatory obligations imposed on it by section 112(c)(6) of the Clean Air Act (CAA), 42 U.S.C. 7412(c)(6). The court concluded that...

San Miguel Hospital Corp. v. NLRB  
Date: November 2, 2012
Docket Number: 11-1198

Justia Opinion Summary: The Hospital challenged the Board's determination that a "wall to wall" bargaining unit of the Hospital's professional and non-professional employees was appropriate. The court rejected the Hospital's claim that the Heal...

Chaplaincy of Full Gospel Church, et al v. United States Navy, et al  
Date: November 2, 2012
Docket Number: 12-5027

Justia Opinion Summary: Military chaplains, all non-liturgical Protestants, alleged that the Navy systematically discriminated against members of their religious denominations in the awarding of promotions. The district court denied plaintiffs'...

United States v. Terrell  
Date: October 19, 2012
Docket Number: 07-3054

Justia Opinion Summary: Appellant pleaded guilty to unlawful possession with intent to distribute five grams or more of cocaine base and was sentenced to 210 months of imprisonment, five years of supervised release, and a $100 special assessmen...

Hamdan v. United States  
Date: October 16, 2012
Docket Number: 11-1257

Justia Opinion Summary: This case raised questions about the scope of the Executive's authority to prosecute war crimes under current federal statutes. This particular dispute involved the military commission conviction of petitioner, an al Qae...

Djamel Ameziane v. Barack Obama
Date: October 5, 2012
Docket Number: 09-5236
United States v. Kanu  
Date: October 5, 2012
Docket Number: 10-3114

Justia Opinion Summary: Upon being retried after a mistrial in his criminal case, appellant had requested that two stipulations entered into during his first trial not be enforced. The court joined other circuits in applying the general rule on...

Marcum, et al v. Salazar, et al  
Date: October 5, 2012
Docket Number: 11-5303

Justia Opinion Summary: Appellants filed suit claiming that the FWS had unlawfully denied their requests for permits to import hunting trophies taken from elephant hunts in Zambia in 2005 and 2006. The district court rejected appellants' claims...

United States v. Hines  
Date: October 2, 2012
Docket Number: 11-3037

Justia Opinion Summary: Appellant was convicted of one count of bank robbery and two counts of attempted bank robbery and was sentenced to concurrent terms of 132 months on each count. On appeal, defendant challenged his conviction and sentence...

USA v. Khan Mohammed
Date: September 21, 2012
Docket Number: 09-3001
Van Hollen, Jr. v. FEC, et al  
Date: September 18, 2012
Docket Number: 12-5117

Justia Opinion Summary: Appellee brought a lawsuit challenging 11 C.F.R. 104.20(c)(9), a regulation promulgated by the Federal Election Commission (FEC), that purported to implement section 201(f)(2)(F) of the Bipartisan Campaign Reform Act (BC...

United States v. Mohammed  
Date: September 4, 2012
Docket Number: 09-3001

Justia Opinion Summary: Defendant was convicted of international drug trafficking and drug trafficking with intent to provide financial support to a terrorist. On appeal, defendant challenged his conviction and life sentence for narcoterrorism....

Sherley, et al. v. Sebelius, et al.  
Date: August 24, 2012
Docket Number: 11-5241

Justia Opinion Summary: Appellants, researchers in the field of adult stem cells who oppose the use of federal funding for the development of embryonic stem cell (ESC) research, filed a complaint seeking declaratory and injunctive relief agains...

R.J. Reynolds Tobacco Co., et al. v. FDA, et al.  
Date: August 24, 2012
Docket Number: 11-5332

Justia Opinion Summary: The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776, directed the Secretary to issue regulations requiring all cigarette packages manufactured or sold in the United States to bear on...

EME Homer City Generation, L.P v. EPA  
Date: August 21, 2012
Docket Number: 11-1302

Justia Opinion Summary: This appeal stemmed from a petition to review the EPA's August 2011 implementation of the statutory good neighbor requirement, the Transport Rule, also known as the Cross-State Air Pollution Rule, which defined emissions...

Grocery Mfrs. Ass'n v. EPA  
Date: August 17, 2012
Docket Number: 10-1380

Justia Opinion Summary: Petitioners, trade associations whose members were part of the petroleum and food industries, filed petitions for review of two Environmental Protection Agency (EPA) decisions approving the introduction of E15 - a blend...

Friends of Blackwater v. Salazar  
Date: August 17, 2012
Docket Number: 11-5128

Justia Opinion Summary: The Fish and Wildlife Services, an agency in the Department of the Interior, removed the West Virginia Northern Flying Squirrel from the list of endangered species. Friends of Blackwater filed a complaint in the district...

Ctr. for Biological Diversity v. DOI  
Date: August 14, 2012
Docket Number: 07-1247

Justia Opinion Summary: Underlying this appeal was the case of Center for Biological Diversity v. Interior, in which the Court vacated a five-year program for expanding leases for oil and gas development in the coast of Alaska. The U.S. Departm...

United States v. Gaskins  
Date: August 14, 2012
Docket Number: 08-3011

Justia Opinion Summary: After a jury trial, Defendant was convicted for conspiracy to distribute narcotics. At issue on appeal was whether the government proved, beyond a reasonable doubt, that Defendant knowingly entered into the conspiracy wi...

Council of City of New Orleans v. FERC  
Date: August 14, 2012
Docket Number: 11-1043

Justia Opinion Summary: The Council of the City of New Orleans and the Louisiana Public Service Commission petitioned for review of an order of the Federal Energy Regulatory Commission (FERC) allowing two companies to withdraw from a regional e...

Elkins v. Dist. of Columbia  
Date: August 10, 2012
Docket Number: 10-7060

Justia Opinion Summary: Laura Elkins and her husband, John Robbins, brought suit against the District of Columbia and some of its officials, alleging violations of the Fourth and Fifth Amendments for the search of Elkins' home and the seizure o...

Obaydullah v. Barack Obama
Date: August 10, 2012
Docket Number: 11-5123
Miller v. Clinton  
Date: August 7, 2012
Docket Number: 10-5405

Justia Opinion Summary: After the State Department terminated the employment of Appellant on his sixty-fifth birthday, Appellant brought suit alleging that his forced retirement violated the federal employment provisions of the Age Discriminati...

USA v. Bryan Burwell
Date: August 3, 2012
Docket Number: 06-3070
In re: Aiken County
Date: August 3, 2012
Docket Number: 11-1271
Obaydullah v. Obama
Date: August 3, 2012
Docket Number: 11-5123
Feld v. Feld  
Date: July 31, 2012
Docket Number: 11-7066

Justia Opinion Summary: Karen Feld sued her brother, Kenneth Feld, after Kenneth had her forcibly removed from the building in which he owned a condominium she was visiting. Karen sued Kenneth for assault, battery, and false imprisonment. Kenne...

Friedman v. Sebelius  
Date: July 27, 2012
Docket Number: 11-5028

Justia Opinion Summary: Appellants were executives at the Purdue Frederick Company when it misbranded the painkiller OxyContin a schedule II controlled substance. The Company was convicted of fraudulent misbranding, and the executives were conv...

United States v. Philip Morris USA Inc.  
Date: July 27, 2012
Docket Number: 11-5145

Justia Opinion Summary: Thirteen years ago, the Government sued several cigarette manufacturers (Defendants) and related industry organizations for civil violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit asse...

United States v. Philip Morris USA Inc.  
Date: July 27, 2012
Docket Number: 11-5146

Justia Opinion Summary: Thirteen years ago, the Government sued several tobacco companies for civil violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit asserted that Defendants had conspired to deceive consumer...

Elli Angellino v. Royal Family Al-Saud
Date: July 25, 2012
Docket Number: 11-7043
UtahAmerican Energy, Inc. v. Dep't of Labor  
Date: July 24, 2012
Docket Number: 10-5434

Justia Opinion Summary: UtahAmerican Energy brought this action against the Department of Labor under FOIA, seeking documents related to government investigations of a collapse at one of its mines. The district court ruled in favor of UtahAmeri...

Spirit Airlines, Inc. v. U.S. Dep't of Transp.  
Date: July 24, 2012
Docket Number: 11-1219

Justia Opinion Summary: Pursuant to its authority to regulate "unfair and deceptive" practices in the airline industry, the Department of Transportation issued a final rule entitled "Enhancing Airline Passenger Protections." Spirit Airlines and...

Sutter E. Bay Hosps. v. NLRB  
Date: July 24, 2012
Docket Number: 11-1277

Justia Opinion Summary: Sutter East Bay Hospitals sought review of a National Labor Relations Board (Board) order concluding that Sutter East Bay violated the National Labor Relations Act. The Board cross-applied for enforcement of that order....

New Jersey v. EPA  
Date: July 20, 2012
Docket Number: 05-1097

Justia Opinion Summary: In an earlier decision in this case, the D.C. Circuit Court of Appeals held that Movants, a group of Native American tribes and tribal associations who intervened on behalf of petitioners in the underlying Clean Air Act...

Nat'l Chicken Council v. EPA  
Date: July 20, 2012
Docket Number: 10-1107

Justia Opinion Summary: The National Chicken Council, National Meat Association, and National Turkey Federation petitioned for review of EPA's interpretation of a provision in the Energy Independence and Security Act of 2007. The EPA interprete...

Nat'l Envtl. Dev. Ass'n's Clean Air Project v. EPA  
Date: July 20, 2012
Docket Number: 10-1252

Justia Opinion Summary: Several states and state regulatory agencies, together with corporations and industrial associations, petitioned for review of the EPA's rule entitled "Primary National Ambient Air Quality Standard for Sulfur Dioxide" an...

Youssef v. FBI  
Date: July 20, 2012
Docket Number: 11-5069

Justia Opinion Summary: Bassem Youssef, an Egyptian-born American citizen, claimed that his employer, the FBI, (1) discriminated against him on the basis of his national origin after the terrorist attacks of September 11, 2001, by not placing h...

Am. Petroleum Inst. v. EPA  
Date: July 17, 2012
Docket Number: 10-1079

Justia Opinion Summary: In 2010, the EPA promulgated a final rule adopting a new, one-hour primary national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2). The American Petroleum Institute, the Utility Air Regulatory Group, and...

Newport Aeronautical Sales v. Dep't of Air Force  
Date: July 17, 2012
Docket Number: 10-5037

Justia Opinion Summary: The Air Force invoked Exemption 3 of the Freedom of Information Act (FOIA), which covers information specifically exempted from disclosure by statute to deny Newport Aeronautical Sales' request for certain technical info...

Taylor v. Reilly  
Date: July 17, 2012
Docket Number: 10-5153

Justia Opinion Summary: In 1993, Plaintiff was convicted of the crimes of threatening to injure a person and manslaughter. In 1997, Congress brought the D.C. parole system under the jurisdiction of the U.S. Parole Commission (USPC). In 2000, th...

McGaughey v. District of Columbia  
Date: July 17, 2012
Docket Number: 11-7001

Justia Opinion Summary: Appellant claimed that the Metropolitan police were negligent in the way they responded to her fears that she was sexually assaulted. The district court granted summary judgment against her claims on the ground that the...

United States v. Gatling  
Date: July 13, 2012
Docket Number: 09-3096

Justia Opinion Summary: Defendant was convicted following a jury trial of multiple offenses, including possession of a firearm as a convicted felon, related to the shooting of an undercover agent of the Bureau of Alcohol, Tobacco, Firearms, and...

Initiative & Referendum Inst. v. USPS  
Date: July 13, 2012
Docket Number: 10-5337

Justia Opinion Summary: This appeal was the latest step in a long-running controversy over the use of post office sidewalks to gather signatures on petitions. Before the D.C. Circuit Court of Appeals in this case was a facial challenge to a ban...

Marino v. Drug Enforcement Admin.  
Date: July 13, 2012
Docket Number: 10-5354

Justia Opinion Summary: Carlos Marino, who was incarcerated for a conviction for drug conspiracy, submitted a request to the Drug Enforcement Administration (DEA) under the Freedom of Information Act (FOIA), seeking documents that Marino allege...

Rural Cellular Ass'n v. FCC  
Date: July 13, 2012
Docket Number: 11-1094

Justia Opinion Summary: The Rural Cellular Association and the Universal Service for America Coalition (together the RCA) petitioned for review of an order of the FCC amending he "interim cap rule," which limited at 2008 levels the amount of su...

Hampton v. Vilsack  
Date: July 13, 2012
Docket Number: 11-5194

Justia Opinion Summary: Plaintiff was a black male who worked in the United State Department of Agriculture's (Department) Foreign Agricultural Service. Plaintiff's employment was terminated after it was discovered that Plaintiff submitted fals...

Burke v. Air Serv. Int'l, Inc.  
Date: July 13, 2012
Docket Number: 11-7037

Justia Opinion Summary: Plaintiff, a former British soldier, was severely wounded in an ambush in Afghanistan, where he was working for a private security contractor. Plaintiff sued the transport company that furnished the helicopter he flew in...

Wilfred v. Holder  
Date: July 10, 2012
Docket Number: 10-5014

Justia Opinion Summary: Appellee, an employee of the FBI, alleged that FBI officials retaliated against him in violation of Title VII of the Civil Rights Act of 1964 when, by reporting unfounded security concerns to the Bureau's Security Divisi...

Intercollegiate Broad. v. Copyright Royalty Bd.  
Date: July 6, 2012
Docket Number: 11-1083

Justia Opinion Summary: Intercollegiate Broadcasting, Inc. appealed a final determination of the Copyright Royalty Judges (CRJs) setting the default royalty rates and terms applicable to internet-based webcasting of digitally recorded music. Th...

In re Sealed Case  
Date: July 3, 2012
Docket Number: 08-3027

Justia Opinion Summary: Appellant pled guilty to racketeer influenced corrupt organization conspiracy and was sentenced to a term of imprisonment. Appellant appealed, arguing that his conviction was obtained in violation of Kastigar v. United S...

Chevron Mining Inc. v. NLRB  
Date: July 3, 2012
Docket Number: 10-1382

Justia Opinion Summary: In 2005, Chevron Mining, Inc. (CMI) amended its employee bonus plan in response to the decision of the United Mine Workers of America to call "memorial period" work stoppages. The National Labor Relations Board (Board) c...

Atrium of Princeton, LLC v. NLRB  
Date: June 29, 2012
Docket Number: 10-1352

Justia Opinion Summary: Atrium at Princeton owned and operated a nursing home. The National Labor Relations Board (Board) held Atrium committed various unfair labor practices in connection with its negotiations for new collective bargaining agr...

Coalition for Responsible Regulation, Inc. v. EPA  
Date: June 26, 2012
Docket Number: 09-1322

Justia Opinion Summary: Following the Supreme Court's decision in Massachusetts v. EPA, the EPA promulgated a series of greenhouse gas-related rules: (1) an Endangerment Finding, in which the EPA determined that greenhouse gases may "reasonably...

Vt. Dep't of Pub. Servs. v. Nuclear Regulatory Comm'n  
Date: June 26, 2012
Docket Number: 11-1168

Justia Opinion Summary: The Vermont Department of Public Service and the New England Coalition petitioned for review of a decision of the Nuclear Regulatory Commission (NRC) issuing to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Ope...

United States v. Bigesby  
Date: June 22, 2012
Docket Number: 09-3134

Justia Opinion Summary: Edwina Bigesby was sentenced to ten years' imprisonment for various drug-related offenses, including possession with intent to distribute fifty grams or more of crack cocaine. Bigesby appealed, contending her convictions...

Nat'l Ass'n of Home Builders v. EPA  
Date: June 22, 2012
Docket Number: 10-1183

Justia Opinion Summary: In 2008, the EPA issued a rule regulating renovation and remodeling activities that create health hazards arising from lead paint. The rule contained an "opt-out" provision, which exempted owner-occupied housing from the...

NLRB v. Downtown Bid Servs. Corp.  
Date: June 22, 2012
Docket Number: 11-1199

Justia Opinion Summary: The National Labor Relations Board (NLRB) sought enforcement of an order finding Downtown BID (the Company), a non-profit business improvement corporation, committed an unfair labor practice when it refused to bargain wi...

106 Ltd. v. Comm'r of IRS  
Date: June 22, 2012
Docket Number: 11-1242

Justia Opinion Summary: 106 Ltd. (Partnership), a limited partnership, appearing through its tax matters partner David Palmlund, appealed a decision of the United States Tax Court upholding the imposition of a forty per cent accuracy-related pe...

Convertino v. Dep't of Justice  
Date: June 22, 2012
Docket Number: 11-5133

Justia Opinion Summary: Assistant United States Attorney Richard Convertino led the prosecution of the Detroit Sleeper Cell defendants in 2003. Convertino was later removed from the case for alleged violations committed during the prosecution....

Patton Boggs, LLP v. Chevron Corp.  
Date: June 22, 2012
Docket Number: 11-7082

Justia Opinion Summary: This case was a part of a long-running and sprawling international litigation battle in which various indigenous Ecuadorian groups claimed that Chevron Corporation was liable for environmental harm caused in the Amazon o...

RSM Prod. Corp. v. Freshfields Bruckhaus Deringer U.S. LLP  
Date: June 22, 2012
Docket Number: 11-7101

Justia Opinion Summary: RSM Production Corporation brought a complaint against a law firm and two of its partners ("Freshfields"), alleging that Freshfields, through its representation of the nation of Grenada in international arbitration, cons...

Rapoport v. SEC  
Date: June 19, 2012
Docket Number: 11-1082

Justia Opinion Summary: Petitioner, a Russian citizen, petitioned the court to review the default order the SEC entered against him for failing to respond to administrative proceedings initiated by the SEC on allegations that he violated securi...

Doe v. Rumsfeld, et al.  
Date: June 15, 2012
Docket Number: 11-5209

Justia Opinion Summary: Appellee, a government contractor, underwent military detention in Iraq. After his release, he filed this action in the district court alleging claims under the Detainee Treatment Act (DTA), 42 U.S.C. 2000dd et seq., and...

Fox v. Clinton, et al.  
Date: June 12, 2012
Docket Number: 11-5010

Justia Opinion Summary: Appellant, a Jewish American by birth who has lived in Israel as an Israeli national for over a decade, sought a Certificate of Loss of Nationality (CLN) from the Department of State, claiming that he was entitled to the...

Chevron Corp. v. Weinberg Group  
Date: June 12, 2012
Docket Number: 11-7097

Justia Opinion Summary: This case arose when some Ecuadorian citizens sued Chevron in an Ecuador court, alleging that Chevron was responsible for environmental damage there. As the proceedings in Ecuador unfolded, Chevron sued the Ecuadorian pl...

Mack Trucks, Inc., et al. v. EPA  
Date: June 12, 2012
Docket Number: 12-1077

Justia Opinion Summary: In January 2012, the EPA promulgated an interim final rule (IFR) to permit manufacturers of heavy-duty diesel engines to pay nonconformance penalties (NCPs) in exchange for the right to sell noncompliant engines. Petitio...

American Petroleum Institute v. EPA  
Date: June 8, 2012
Docket Number: 09-1038

Justia Opinion Summary: API petitioned for review of a 2008 EPA regulation deregulating many "hazardous secondary materials" under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k. After the parties completed briefing, th...

E.I. Du Pont De Nemours and Co. v. NLRB  
Date: June 8, 2012
Docket Number: 10-1300

Justia Opinion Summary: The NLRB held that Du Pont engaged in an unfair labor practice by unilaterally implementing changes to its employee benefits program while it was between collective bargaining agreements with two local unions. Because th...

State of New York v. NRC  
Date: June 8, 2012
Docket Number: 11-1045

Justia Opinion Summary: Petitioners petitioned the court for review of the Commission's rulemaking regarding temporary storage of permanent disposal of nuclear waste. The court held that the rulemaking issue constituted a major federal action n...

Nat'l Federation of Federal Employees v. Vilsack, et al.  
Date: June 8, 2012
Docket Number: 11-5135

Justia Opinion Summary: The Union challenged the constitutionality of a random drug testing policy applicable to all employees working at Job Corps Civilian Conservation Centers operated by the U.S. Forest Service. The district court granted su...

Libertarian Party, et al. v. DC Board of Elections, et al.  
Date: June 8, 2012
Docket Number: 11-7029

Justia Opinion Summary: The Libertarian Party, along with its 2008 presidential candidate Bob Barr, contended that the District's failure to report the number of votes cast for Barr violated the First and Fifth Amendments. The district court gr...

NB, et al. v. DC, et al.  
Date: June 8, 2012
Docket Number: 11-7084

Justia Opinion Summary: Five Medicaid recipients filed a class action against the District, alleging that the District systematically denied Medicaid coverage of prescription medications without providing the written notice required by federal...

United States v. Glover  
Date: June 5, 2012
Docket Number: 08-3082

Justia Opinion Summary: Defendants were convicted for their roles in a PCP-distribution enterprise. Defendants challenged their convictions on various grounds. The court held that the district court did not abuse its discretion by denying defen...

Pinnacle Health Hospitals v. Sebelius  
Date: June 5, 2012
Docket Number: 10-5277

Justia Opinion Summary: In 1995, two non-profit hospitals consolidated to form Pinnacle. Pinnacle subsequently submitted a Medicare reimbursement claim for the losses the hospitals had incurred through the sale of their depreciable assets in th...

Assoc. of Private Sector Colleges and Universities v. Duncan, et al.  
Date: June 5, 2012
Docket Number: 11-5174

Justia Opinion Summary: The Association filed suit, under the Administrative Procedure Act (APA), 5 U.S.C. 706, and the Constitution, challenging the State Authorization, Compensation, and Misrepresentation Regulations the Department of Educati...

Angellino v. Royal Family Al-Saud, et al.  
Date: June 5, 2012
Docket Number: 11-7043

Justia Opinion Summary: Plaintiff filed a breach of contract action seeking over $12 million from the Royal Family Al-Saud and sixteen of its members (collectively, defendants) for failing to pay him for artwork he alleged they commissioned. Pl...

Mann, et al. v. Castiel, et al.  
Date: June 1, 2012
Docket Number: 10-7109

Justia Opinion Summary: This case arose when plaintiffs sued defendants alleging various violations of federal and state law in connection with defendants' involvement in the satellite communications industry. Plaintiffs appealed the district c...

Nat'l Assoc. of Regulatory Utility Commissioners v. Dept. of Energy  
Date: June 1, 2012
Docket Number: 11-1066

Justia Opinion Summary: Petitioners, nuclear power plant owners and operators, sought review of a November 2010 determination by the Secretary of Energy finding that there was no basis for suspending, or otherwise adjusting, annual fees collect...

U.S. Dept. of the Air Force v. FLRA  
Date: June 1, 2012
Docket Number: 11-1281

Justia Opinion Summary: After the Air Force announced it would conduct a reduction-in-force (RIF) at Luke Air Force Base, the Union made several proposals about how the RIF should be conducted and asked the Air Force to enter into negotiations....

Natl Assoc. of Independ. Labor v. FLRA
Date: June 1, 2012
Docket Number: 11-1299
Davis v. Billington, et al.  
Date: June 1, 2012
Docket Number: 11-5092

Justia Opinion Summary: Plaintiff, a former employee of the Library of Congress, brought this action against, inter alia, his former supervisor (defendant), alleging that his termination for publication of articles critical of high-level public...

Texas Alliance For Home Care, et al. v. Sebelius, et al.  
Date: June 1, 2012
Docket Number: 11-5265

Justia Opinion Summary: Suppliers appealed the district court's dismissal of their action against the Secretary of the Department of Health and Human Services and the Administrator of the Centers for Medicare and Medicaid Services (CMS). Suppli...

In re: People's Mojahedin Organization  
Date: June 1, 2012
Docket Number: 12-1118

Justia Opinion Summary: On July 16, 2010, the court remanded this case to the Secretary of the State Department, concluding that the Secretary had violated the due process rights of PMOI by maintaining its designation as a Foreign Terrorist Org...

Brian Hall v. Kathleen Sebelius
Date: May 30, 2012
Docket Number: 11-5076
Coburn v. McHugh  
Date: May 25, 2012
Docket Number: 10-5350

Justia Opinion Summary: Appellant appealed the district court's dismissal of his claim challenging his separation under the Army Qualitative Management Program (QMP) for failure to "meet Army standards." Appellant argued that because an Adminis...

GSS Group Ltd v. National Port Authority  
Date: May 25, 2012
Docket Number: 11-7093

Justia Opinion Summary: GSS Group brought this action to confirm a foreign arbitration award against the Port Authority of Liberia. The district court dismissed the petition for lack of personal jurisdiction after concluding that the Port Autho...

Cobell, et al. v. Salazar, et al.  
Date: May 22, 2012
Docket Number: 11-5205

Justia Opinion Summary: This was an appeal from the approval of a class action settlement agreement related to the Secretary of the Interior's breach of duty to account for funds held in trust for individual Native Americans. The court conclude...

Ponce v. Billington  
Date: May 18, 2012
Docket Number: 11-5117

Justia Opinion Summary: Plaintiff applied for a position as Director of the Library of Congress and when he was passed over for the job, he claimed that the Library of Congress violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e...

Shelby County, AL v. Holder, et al.  
Date: May 18, 2012
Docket Number: 11-5256

Justia Opinion Summary: Shelby County contended that when Congress reauthorized section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c(a), in 2006, it exceeded its enumerated powers. The district court disagreed and granted summary judgmen...

Laroque, et al. v. Holder, et al.  
Date: May 18, 2012
Docket Number: 11-5349

Justia Opinion Summary: Plaintiffs brought suit challenging the constitutionality of section 5 of the Voting Rights Act (VRA), 42 U.S.C. 1973c, arguing that, as amended by the VRA's 2006 reauthorization, section 5 exceeded the powers granted to...

Timbisha Shoshone Tribe, et al. v. Salazar, et al.  
Date: May 15, 2012
Docket Number: 11-5049

Justia Opinion Summary: Plaintiffs, individuals claiming to be the Tribal Council of the Timbisha Shoshone, argued that the Western Shoshone Claims Distribution Act, Pub. L. No. 108-270, section 3, 118 Stat. 805, 806, was an unconstitutional ta...

Davis v. DC  
Date: May 15, 2012
Docket Number: 11-7039

Justia Opinion Summary: Plaintiff brought this qui tam suit alleging that the District of Columbia and its schools violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, by submitting a Medicaid reimbursement claim without maintaining adequa...

Trump Plaza Assoc. v. NLRB  
Date: May 11, 2012
Docket Number: 10-1412

Justia Opinion Summary: Trump Plaza sought review of an order of the Board, in which the Board concluded that Trump Plaza violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to barg...

Electronic Privacy Info. Center v. National Security Agency  
Date: May 11, 2012
Docket Number: 11-5233

Justia Opinion Summary: EPIC filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request with the NSA seeking disclosure of any communications between NSA and Google regarding encryption and cyber security. EPIC's FOIA request arose out of...

Virginia Dept. of Medical Assist. Svcs. v. HHS, et al.  
Date: May 8, 2012
Docket Number: 11-5161

Justia Opinion Summary: States both appealed the district court's grants of summary judgment in favor of HHS, which upheld HHS's disallowance of certain Medicaid claims for Federal Financial Participation (FFP) as ineligible for "medical assist...

United States v. Rubio  
Date: May 4, 2012
Docket Number: 10-3059

Justia Opinion Summary: Defendant pled guilty to conspiracy to provide material support to a foreign terrorist organization. On appeal, defendant sought to vacate her sentence and remand the case for a new arraignment. The court rejected defend...

Mashour Alsabri v. Barack Obama
Date: May 3, 2012
Docket Number: 11-5081
Latif v. Obama
Date: April 27, 2012
Docket Number: 10-5319
Alsabri v. Obama
Date: April 27, 2012
Docket Number: 11-5081
Stephens Media, LLC v. NLRB  
Date: April 20, 2012
Docket Number: 11-1054

Justia Opinion Summary: The Union filed charges against the Company alleging that the Company had committed multiple unfair labor practices in violation of the National Labor Relations Act, 29 U.S.C. 158(a)(3), (1), by suspending and dischargin...

Tucker v. Commissioner, IRS  
Date: April 20, 2012
Docket Number: 11-1191

Justia Opinion Summary: Taxpayer appealed a judgment of the Tax Court rejecting two contentions: first, a constitutional claim that certain employees of the IRS's Office of Appeals were "Officers of the United States," so that their appointment...

United States of America v. Oce N.V.
Date: April 20, 2012
Docket Number: 11-7030
Mobil Pipe Line Co. v. FERC  
Date: April 17, 2012
Docket Number: 11-1021

Justia Opinion Summary: Mobil petitioned for review of the Commission's denial of Mobil's application for permission to charge market-based rates on Pegasus, in light of the competitiveness of the Western Canadian crude oil market and Pegasus's...

New York-New York, LLC v. NLRB  
Date: April 17, 2012
Docket Number: 11-1098

Justia Opinion Summary: This case arose when petitioner, a hotel and casino, contracted with a restaurant corporation, which operated restaurants on petitioner's property. The primary issue raised by petitioner in this case was whether a proper...

USPS v. PRC  
Date: April 17, 2012
Docket Number: 11-1117

Justia Opinion Summary: The Postal Service sought review of the Commission's 2010 Annual Compliance Determination (ACD), which found in part that the rates for a particular product - Standard Mail Flats - were in violation of 39 U.S.C. 101(d)'s...

Green Aviation Mgmt Co., LLC v. FAA  
Date: April 17, 2012
Docket Number: 11-1260

Justia Opinion Summary: This is an appeal from the denial of attorneys fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504(a)(1). After commencing an administrative civil penalties proceeding, the FAA withdrew its complaint and the...

Ames Construction, Inc. v. MSHR, et al.  
Date: April 17, 2012
Docket Number: 11-1303

Justia Opinion Summary: This case arose out of an accident in which an 81-year-old truck driver for Bob Orton Trucking Co., was killed by a large pipe that fell off of his truck during a delivery to the Kennecott Utah Copper Mine. Petitioner wa...

Youngbey, et al. v. March, et al.  
Date: April 17, 2012
Docket Number: 11-7033

Justia Opinion Summary: Plaintiffs brought an action arising under 42 U.S.C. 1983 against a number of MPD law enforcement personnel, asserting, inter alia, that various officers and their supervisors violated plaintiffs' Fourth Amendment rights...

Manufacturers Railway Co. v. STB, et al.  
Date: April 13, 2012
Docket Number: 11-1269

Justia Opinion Summary: Manufacturers obtained authorization from the Board to discontinue service over its entire system but the Board did not apply its entire-system exception. Instead, the Board required Manufacturers to pay dismissal allowa...

Kapche v. Holder, Jr.  
Date: April 13, 2012
Docket Number: 11-5017

Justia Opinion Summary: Plaintiff sued United States Attorney General Eric Holder, alleging that the FBI refused to hire him as a special agent because of his Type I diabetes in violation of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq....

Petit, et al. v. US Dept. of Education, et al.  
Date: April 13, 2012
Docket Number: 11-5033

Justia Opinion Summary: Plaintiffs, parents of children who were eligible to receive a free and appropriate public education, filed suit to challenge the exclusion of mapping of cochlear implants from the regulatory definition of "related servi...

Hettinga v. United States  
Date: April 13, 2012
Docket Number: 11-5065

Justia Opinion Summary: Plaintiffs, owners of two dairy operations, appealed the dismissal of their constitutional challenges to two provisions of the Milk Regulatory Equity Act of 2005 (MREA), 7 U.S.C. 608c. Plaintiffs alleged that the provisi...

USA v. Jesus Rodriguez
Date: April 11, 2012
Docket Number: 10-3017
United States of America v. Oce N.V.
Date: April 10, 2012
Docket Number: 11-7030
LePage's 2000, Inc. v. PRC
Date: April 6, 2012
Docket Number: 10-1031
AKM LLC v. Secretary of Labor, et al.  
Date: April 6, 2012
Docket Number: 11-1106

Justia Opinion Summary: OSHA cited and fined petitioner for failing to properly record certain workplace injuries and for failing to properly maintain its injury log between January 2002 and April 2006. OSHA issued the citations in November 200...

NBC-USA Housing, Inc, et al. v. Donovan, et al.  
Date: April 6, 2012
Docket Number: 11-5116

Justia Opinion Summary: This was an appeal from the denial of declaratory and injunctive relief against the foreclosure sale of an apartment complex for elderly and disabled low-income residents by HUD. The complex was funded by Section 811 of...

Northern Air Cargo, et al. v. USPS  
Date: April 3, 2012
Docket Number: 10-5385

Justia Opinion Summary: The Postal Service determined, in two informal adjudications, that PenAir was qualified to carry "nonpriority bypass mail" on five Alaska routes. The Postal Service acted pursuant to the Rural Service Improvement Act of...

Kellmer v. Raines, et al.  
Date: March 30, 2012
Docket Number: 09-5253

Justia Opinion Summary: Plaintiffs filed derivative actions asserting claims against Fannie Mae's directors regarding accounting irregularities. The district court entered three orders now on appeal, substituting Fannie Mae's conservator, the F...

Occidental Permian Ltd. v. FERC  
Date: March 27, 2012
Docket Number: 10-1381

Justia Opinion Summary: Occidental and a number of its subsidiaries petitioned for review of final orders of the FERC granting negotiated rate authority to Tres Amigas, a proposed energy transmission project. Occidental argued that Tres Amigas...

Hard Rock Holdings, LLC v. NLRB  
Date: March 23, 2012
Docket Number: 11-1104

Justia Opinion Summary: The Board sought enforcement of its order directing the Company to bargain in good faith with the Union. The Company, in its petition for review, contested the Board's certification of the election in which the Union was...

Metroil, Inc. v. ExxonMobil Oil Corp., et al.  
Date: March 20, 2012
Docket Number: 10-7168

Justia Opinion Summary: This case involved a dispute over operation of an Exxon gas station located next to the Watergate in Washington, D.C. Metroil sued Exxon and Anacostia, claiming three violations of federal and D.C. law relating to the sa...

U.S. Dept. of Commerce v. FLRA  
Date: March 16, 2012
Docket Number: 11-1019

Justia Opinion Summary: PTO sought review of a decision of the FLRA upholding an arbitrator's award in favor of the Union. The arbitrator concluded that PTO committed an unfair labor practice in violation of the Federal Service Labor-Management...

Salazar, et al. v. DC, et al.  
Date: March 13, 2012
Docket Number: 10-7106

Justia Opinion Summary: This case arose when plaintiffs filed a class action complaint under 42 U.S.C. 1983, alleging that the District was violating the Medicaid Act, 42 U.S.C. 1396 et seq. Since 1993, a consent decree has governed how the Dis...

Veritas Health Services, Inc. v. NLRB  
Date: March 13, 2012
Docket Number: 11-1107

Justia Opinion Summary: Registered nurses working for Veritas voted to make the United Nurses Associations of California/Union of Health Care Professionals (Union) their bargaining representative. Veritas would not bargain with the Union becaus...

Coalition for Mercury-Free Drugs, et al. v. Sebelius, et al.  
Date: March 13, 2012
Docket Number: 11-5035

Justia Opinion Summary: Plaintiffs opposed the use of vaccines that contain thimerosal, a mercury-based preservative, and believed that vaccines containing mercury harm young children and pregnant women. Plaintiffs filed an action alleging that...

Monmouth Care Center, et al. v. NLRB  
Date: March 9, 2012
Docket Number: 10-1400

Justia Opinion Summary: Three related companies that operate New Jersey nursing homes petitioned for review of a Board decision. The Board found that petitioners violated the National Labor Relations Act, 29 U.S.C. 151 et seq., by refusing to m...

USA v. Jesus Rodriguez
Date: March 9, 2012
Docket Number: 10-3017
In re: Antoine Jones, et al.  
Date: March 6, 2012
Docket Number: 09-5085

Justia Opinion Summary: Between defendant's first and second trials, he filed a pro se complaint alleging that federal officials violated the Fourth Amendment by conducting warrantless searches of his apartment and a warehouse leased in his nam...

Dayton Tire v. Secretary of Labor  
Date: March 6, 2012
Docket Number: 10-1362

Justia Opinion Summary: Dayton was served with a citation alleging over 100 willful violations of the Occupational Safety and Health Act, 29 U.S.C. 654. Dayton contested the citation and by 1997, its appeal was before the Occupational Safety an...

National Automobile Dealers Assoc. v. FTC  
Date: March 6, 2012
Docket Number: 11-1313

Justia Opinion Summary: The Association petitioned for review of the Commission's interpretation of statutory language contained in a provision of the amended Fair Credit Reporting Act, 15 U.S.C. 1681m(h). The Commission announced this interpre...

COMAU, INC. v. NLRB  
Date: March 2, 2012
Docket Number: 10-1406

Justia Opinion Summary: Comau sought review of a decision of the Board affirming the finding of an ALJ that Comau committed an unfair labor practice (ULP) in violation of section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 15...

Gilbert v. Napolitano  
Date: March 2, 2012
Docket Number: 11-5053

Justia Opinion Summary: Appellant alleged that his employer, the United States Customs and Border Protection Agency, repeatedly rejected him for promotions in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and...

Noble Energy, Inc. v. Salazar, et al.  
Date: March 2, 2012
Docket Number: 11-5114

Justia Opinion Summary: Noble Energy and other lessees sued in the Court of Federal Claims, alleging that application of the Coastal Zone Management Act, 16 U.S.C. 1451-1464, suspension requests constituted a material breach of their lease agre...

United States v. Accardi  
Date: February 28, 2012
Docket Number: 09-3091

Justia Opinion Summary: Defendant pled guilty to one count of transportation of child pornography and one count of possession of child pornography. On appeal, defendant challenged the duration and conditions of his supervised release. As a thre...

McKesson Corp., et al. v. Islamic Republic of Iran  
Date: February 28, 2012
Docket Number: 10-7174

Justia Opinion Summary: McKesson, a United States company, claimed that after the Islamic Revolution, the government of Iran expropriated McKesson's interest in an Iranian dairy (Pak Dairy) and withheld its dividend payments. McKesson filed its...

ATK Launch Systems, Inc. v. EPA  
Date: February 24, 2012
Docket Number: 10-1004

Justia Opinion Summary: Petitioners sought partial vacation of a final rule designating certain areas of nonattainment for the 2006 24-hour fine particulate matter standard. Petitioners challenged the inclusion of parts of Tooele and Box Elder...

United States v. Washington  
Date: February 24, 2012
Docket Number: 11-3020

Justia Opinion Summary: Defendant challenged the denial of his motion to suppress evidence and his sentence after he entered a conditional plea to possession of a firearm by a person previously convicted of a felony. The court held that the dis...

Thomas Gust v. USA
Date: February 23, 2012
Docket Number: 11-5203
Al-Zahrani v. Rodriquez  
Date: February 21, 2012
Docket Number: 10-5393

Justia Opinion Summary: Appellants, as representatives of the estates of their deceased sons, brought this action against federal officials and employees in district court seeking money damages relating to the alleged mistreatment and eventual...

Gulf Power Co. v. FCC, et al.  
Date: February 21, 2012
Docket Number: 11-1215

Justia Opinion Summary: Several company operators filed a complaint against petitioner with the FCC, which ruled that petitioner's increased pole attachment rates violated the Pole Attachment Act, 47 U.S.C. 224(d), and the FCC's implementing re...

Keohane v. United States  
Date: February 21, 2012
Docket Number: 11-5127

Justia Opinion Summary: Appellant sued to recover $373.00 in expenses he incurred from the alleged unlawful levy of his social security benefits under 26 U.S.C. 7433. The district court concluded that appellant's suit was untimely because he di...

Blue Ridge Environmental Defense League v. NRC, et al.  
Date: February 17, 2012
Docket Numbers: 09-1112, 10-1058

Justia Opinion Summary: Petitioner filed a petition with the court, purporting to challenge the NRC's decision to reinstate the Tennessee Valley Authority's (TVA) construction permits for the Bellefonte Nuclear Plant. Petitioner stated that it...

Allied Mechanical Services, Inc. v. NLRB  
Date: February 17, 2012
Docket Numbers: 10-1328, 10-1385

Justia Opinion Summary: This appeal focused on two Decisions and Orders issued by the Board. Allied petitioned for review to challenge certain aspects of the Board's actions and the Board cross-petitioned for enforcement. The principal issue on...

Bakhtiar, et al. v. Islamic Republic of Iran, et al.  
Date: February 17, 2012
Docket Number: 10-7030

Justia Opinion Summary: Plaintiffs, Chapour Bakhtiar's family members, asserted that Iran was responsible for Bakhtiar's murder and filed suit in U.S. District Court against Iran and an Iranian government agency. Plaintiffs brought claims under...

United States v. Murdock  
Date: February 10, 2012
Docket Number: 11-3068

Justia Opinion Summary: Defendant was indicted for charges related to a premeditated murder while armed. At issue was whether defendant's statements, which the government conceded the police obtained in violation of his rights under Miranda v....

Braintree Electric Light Dept., et al. v. FERC, et al.  
Date: February 7, 2012
Docket Number: 09-1231

Justia Opinion Summary: Braintree, and other municipally owned utilities in southeastern Massachusetts, petitioned for review of four orders of the Commission. The orders denied petitioners' claim that they were being unjustly charged in order...

Abdul-Rahman Suleiman v. Barack Obama
Date: February 7, 2012
Docket Number: 10-5292
Dept. of Treasury v. FLRA  
Date: February 7, 2012
Docket Number: 11-1102

Justia Opinion Summary: The Department petitioned for review of a decision of the Authority that adopted a new standard to determine when a negotiated contract provision was an "appropriate arrangement" under 5 U.S.C. 7106(b)(3) and an agency h...

Hall, et al. v. Sebelius, et al.  
Date: February 7, 2012
Docket Number: 11-5076

Justia Opinion Summary: Plaintiffs sued the Government, seeking to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs. Plaintiffs wanted to disclaim their legal entitlement to such benefits because their priv...

City of Jersey City, et al. v. Consolidated Rail Corp., et al.  
Date: February 3, 2012
Docket Number: 10-7135

Justia Opinion Summary: This case arose when Conrail sold its Harsimus Embankment in Jersey City to developers. The City, together with others interested in the historic and environmental value of the Embankment, sued Conrail alleging that the...

Sierra Club v. Robert Van Antwerp
Date: January 30, 2012
Docket Number: 10-5284
McGrath v. Clinton  
Date: January 27, 2012
Docket Number: 10-5043

Justia Opinion Summary: Plaintiff contended that his supervisor at the Department of State gave him negative performance reviews in retaliation for his opposition to discriminatory conduct, in violation of Title VII of the Civil Rights Act of 1...

Suleiman v. Obama
Date: January 27, 2012
Docket Number: 10-5292
Richard Dominguez v. UAL Corporation
Date: January 27, 2012
Docket Number: 10-7138
Laurel Bay Health & Rehab. v. NLRB  
Date: January 20, 2012
Docket Number: 10-1340

Justia Opinion Summary: Petitioner sought review of a decision of the Board affirming the findings of an ALJ that petitioner committed eight unfair labor practices (ULPs) in violation of section 8(a)(1) and (5) of the National Labor Relations A...

So v. Suchanek  
Date: January 20, 2012
Docket Number: 10-7071

Justia Opinion Summary: This case was before the court on appeal and cross-appeal from the judgment of the district court ordering attorney Leonard Suchanek to pay his former client, Kevin So, an amount representing a portion of the legal fees...

United States v. Scanlon  
Date: January 20, 2012
Docket Number: 11-3024

Justia Opinion Summary: Defendant pled guilty to a one-count information charging a conspiracy with three objects: bribery of federal officials; money-or-property mail and wire fraud; and honest services mail and wire fraud. Defendant subsequen...

Freeport-McMoran Corp. v. FERC  
Date: January 17, 2012
Docket Number: 08-1349

Justia Opinion Summary: El Paso operated an interstate pipeline that transported natural gas to California and other western states, and Freeport shipped gas on El Paso's pipeline to power its various mining, smelting, and refining facilities....

United States v. Lathern  
Date: January 17, 2012
Docket Number: 09-3012

Justia Opinion Summary: Defendant was convicted of illegally possessing a firearm as a convicted felon. Defendant subsequently appealed the district court's dismissal of his habeas petition seeking relief for ineffective assistance of counsel....

Indiana Utility Regulatory Comm. v. FERC  
Date: January 17, 2012
Docket Number: 10-1313

Justia Opinion Summary: The petition for review before the court arose from a dispute between the IURC and PJM, which, subject to the Commission's oversight, operated the market for wholesale electricity in the District of Columbia and all or p...

Hamilton v. Geithner  
Date: January 17, 2012
Docket Number: 10-5419

Justia Opinion Summary: Appellant, an African American man employed by the IRS, alleged that the IRS discriminated against him on the basis of race and gender when it awarded a temporary detail and then a permanent promotion to a white female e...

Rudder, et al. v. Williams, et al.  
Date: January 17, 2012
Docket Number: 10-7101

Justia Opinion Summary: Roger Rudder, two other adults, and two juveniles sued the District of Columbia and two Metropolitan Police officers for using excessive force against them at the 2008 Caribbean Carnival Parade in violation of their civi...

Richard Dominguez v. UAL Corporation, et al
Date: January 17, 2012
Docket Number: 10-7138
Paige v. Drug Enforcement Admin.  
Date: January 17, 2012
Docket Number: 11-5023

Justia Opinion Summary: Plaintiff, a DEA special agent, was presenting in front of a group of about 50 children and parents at a community center, where he displayed his DEA-issued firearm while discussing gun safety, when his firearm accidenta...

Republic of Argentina v. BG Group PLC  
Date: January 17, 2012
Docket Number: 11-7021

Justia Opinion Summary: The Republic of Argentina appealed the denial of its motion to vacate an arbitral award on the principal ground that the arbitral panel exceeded its authority by ignoring the terms of the parties' agreement. The court he...

US Dept. of the Navy v. FLRA  
Date: January 13, 2012
Docket Number: 10-1304

Justia Opinion Summary: In the mid-1990's, the Navy began providing employees with bottled water after an EPA report indicated that water fountains in some Navy buildings in Newport contained components manufactured with lead. Beginning in 2005...

Belize Social Dev. Ltd. v. Government of Belize  
Date: January 13, 2012
Docket Number: 10-7167

Justia Opinion Summary: This case involved a petition to confirm and enforce a foreign arbitration award against the Government of Belize pursuant to section 207 of the Federal Arbitration Act, 9 U.S.C. 207. The facts underlying the issuance of...

United States v. Gooch  
Date: January 6, 2012
Docket Number: 07-3106

Justia Opinion Summary: Defendant was tried for various crimes arising from his involvement with the M Street Crew, a gang in Washington D.C., and was found guilty of narcotics conspiracy, participation in a Racketeer Influenced Corrupt Organiz...

Southern Power Co. v. NLRB  
Date: January 6, 2012
Docket Number: 10-1410

Justia Opinion Summary: This case arose when Southern Power terminated its service agreement with Georgia Power, represented by Local 84, and Alabama Power, represented by Local 801-1, taking over four electricity generating plants' operations....

Republic Airline Inc. v. U.S. Dept. of Transportation  
Date: January 6, 2012
Docket Number: 11-1018

Justia Opinion Summary: Republic challenged an order of the DOT withdrawing two Republic "slot exemptions" at Reagan National and reallocating those exemptions to Sun Country. "Slots" were take-off and landing rights. In both an informal letter...

Holistic Candlers and Consumer, et al. v. FDA, et al.  
Date: January 3, 2012
Docket Number: 11-5118

Justia Opinion Summary: Appellants, manufacturers, distributors, and users of ear candles, along with organizations that advocate the use of holistic health remedies like ear candles, challenged warning letters the FDA issued to several manufac...