2013 D.C. Circuit U.S. Court of Appeals Case Law
Date: December 27, 2013
Docket Numbers: 07-3131, 11-3001
Justia Opinion Summary: Defendants, convicted of various narcotics-related offenses, alleged that numerous errors affected their second trial. Defendants were involved in an extensive drug ring and the government indicted twenty-one defendants…
Date: December 27, 2013
Docket Numbers: 07-3135, 07-3139
Justia Opinion Summary: Defendants appealed their convictions stemming from a narcotics distribution scheme in Washington D.C. Defendants and six others were indicted, and the district court conducted two trials. The court held that defendants'…
Date: December 27, 2013
Docket Number: 12-1229
Justia Opinion Summary: ATRA petitioned for review, challenging revisions made by OSHA to the wording of a paragraph (a)(2) of OSHA's hazard communication (HazCom) standard, 29 C.F.R. 1910.1200. HazCom establishes labeling requirements for…
Date: December 27, 2013
Docket Number: 12-1334
Justia Opinion Summary: In 2007, the FCC promulgated a rule requiring "hybrid" cable companies to "downconvert" from digital to analog broadcast signals from must-carry stations for subscribers with analog television sets. In 2012, the FCC…
Date: December 27, 2013
Docket Number: 13-1026
Justia Opinion Summary: Appellants appealed the tax court's decision, holding that the period to assess taxes for tax year 1999 against Jack Gaughf and his wife remained open as of March 30, 2007, when the IRS issued a Notice of Final…
Date: December 27, 2013
Docket Number: 13-5071
Justia Opinion Summary: Chaplains in the Navy who identified themselves as non-liturgical Christians and two chaplain-endorsing agencies filed suit claiming, inter alia, that several of the Navy's policies for promoting chaplains prefer…
Date: December 24, 2013
Docket Number: 12-5130
Justia Opinion Summary: Plaintiff filed suit against the Department, alleging that it retaliated against her for filing a complaint of workplace harassment based upon her sex and national origin, in violation of Title VII of the Civil Rights…
Date: December 24, 2013
Docket Number: 12-5300
Justia Opinion Summary: Plaintiffs, WildEarth and others, challenged the BLM's decision to approve the West Antelope II tracts for lease in the Wyoming Powder River Basin. The district court granted summary judgment to defendants, finding that…
Date: December 24, 2013
Docket Numbers: 12-5404, 12-5407, 12-5410
Justia Opinion Summary: In these three appeals, enemy combatants held by the United States at Bagram Airfield Military Base in northwest Afghanistan sought access to the writ of habeas corpus. Over three years ago, the court concluded that…
Date: December 24, 2013
Docket Number: 13-3044
Justia Opinion Summary: This appeal challenged the district court's order authorizing the Government to medicate defendant by force if necessary for the sole purpose of rendering him competent to stand trial. In Sell v. United States, the…
Date: December 20, 2013
Docket Number: 12-3031
Justia Opinion Summary: Defendant appealed his convictions for five counts of wire fraud and one count of theft. Defendant, while serving as former Senator Edward M. Kennedy's office manager, awarded himself unauthorized bonuses. The court…
Date: December 20, 2013
Docket Number: 13-7002
Justia Opinion Summary: Plaintiff filed suit alleging that the International Plan denied him benefits to which he was entitled. The parties disputed whether plaintiff accrued enough credit under an earlier plan, the Local 963 Plan, which was…
Date: December 17, 2013
Docket Number: 12-1383
Justia Opinion Summary: The BOP challenged a decision and order of the Authority regarding United States Penitentiary I, a high security facility in Coleman, Florida. The Authority held that BOP was required to bargain with the Union over two…
Date: December 17, 2013
Docket Number: 12-3110
Justia Opinion Summary: Appellant challenged the district court's finding that he was not suffering from a severe mental illness when he represented himself at trial nearly six years ago. The court concluded, consistent with Indiana v. Edwards,…
Date: December 13, 2013
Docket Number: 12-1008
Justia Opinion Summary: Petitioners, owners and operators of electrical power generation facilities, challenged several of the Commission's orders relating to the creation of the 2011-2014 "demand curves." NYISO holds monthly auctions to set…
Date: December 13, 2013
Docket Number: 12-5193
Justia Opinion Summary: Pursuant to the Library of Congress' policy, the Library recognizes certain employee organizations and gives them meeting space and other benefits. The Cook and Shaw Foundation is a non-profit organization composed of…
Date: December 11, 2013
Docket Number: 12-1433
Justia Opinion Summary: The EPA promulgated a rule in 2001 requiring a 95% reduction in nitrogen oxide emissions by heavy-duty motor vehicles by 2010. Petitioners, competitors of Navistar, challenged the EPA's 2012 rulemaking establishing…
Date: December 3, 2013
Docket Number: 11-5102
Justia Opinion Summary: Abdul Razak Ali was captured in 2002 by U.S. and Pakistani forces and detained as an enemy combatant. When captured at a guesthouse in Pakistan, Ali was with an al Qaeda-associated terrorist leader named Abu Zubaydah.…
Date: December 3, 2013
Docket Number: 12-1158
Justia Opinion Summary: This case concerned SPP and MISO's, two regional transmission organizations (RTOs), dispute over the interpretation of a single contract provision. FERC resolved the conflict against SPP. The court applied both the…
Date: December 3, 2013
Docket Number: 12-3050
Justia Opinion Summary: Defendant pleaded guilty to a single count of conspiracy to distribute methamphetamine. Defendant did not qualify for safety valve relief under 18 U.S.C. 3553(f) because his criminal history score under the Sentencing…
Date: December 3, 2013
Docket Number: 12-3069
Justia Opinion Summary: Defendant plead guilty to a charge related to his sexual involvement with a 14 year-old. At issue on appeal are the conditions of supervised release. On the merits, the court found that the district court's own…
Date: November 26, 2013
Docket Number: 12-1241
Justia Opinion Summary: Petitioner sought review of the SEC's imposition of a civil penalty after the Commission found that petitioner failed to supervise a subordinate who violated securities laws. The court upheld the Commission's decision,…
Date: November 26, 2013
Docket Number: 12-7055
Justia Opinion Summary: Plaintiffs are the writer and publisher of a book entitled "Where's the Birth Certificate? The Case that Barack Obama is not Eligible to Be President." A journalist published an article on Esquire's Political Blog…
Date: November 19, 2013
Docket Number: 11-1066
Date: November 19, 2013
Docket Number: 12-7101
Justia Opinion Summary: Plaintiffs, victims and victims' families and estates, filed suit against Iran and others alleging their liability for the attack on the Khobar Towers apartment complex in Dhahran, Saudi Arabia. Plaintiffs obtained a…
Date: November 15, 2013
Docket Number: 11-5115
Justia Opinion Summary: Plaintiffs filed suit against the District and others, alleging that strip searching incoming detainees violated the Fourth Amendment and, where men were not similarly strip searched, the Fifth Amendment's equal…
Date: November 15, 2013
Docket Number: 12-1367
Justia Opinion Summary: Intervenors filed suit challenging the Commission's order approving a negotiated service agreement for the sale of postage between the Postal Service and Valassis Direct Mail. As a preliminary matter, the court concluded…
Date: November 15, 2013
Docket Number: 12-5153
Justia Opinion Summary: Plaintiff filed suit against the Secretary of Defense and the Secretary of the Air Force seeking, inter alia, correction of his military records to reflect promotion to major general, along with active duty back pay and…
Date: November 12, 2013
Docket Number: 12-7009
Justia Opinion Summary: Appellant, an Ohio-based law firm, filed suit against appellee, a Florida resident and SEI, a Florida corporation, after appellee and SEI failed to pay appellant for services rendered. Appellee had hired the law firm to…
Date: November 8, 2013
Docket Number: 09-3087
Justia Opinion Summary: Defendants appealed their convictions for conspiring to possess and distribute more than five kilograms of cocaine. The court concluded that the district court did not violate defendants' rights under the Speedy Trial…
Date: November 5, 2013
Docket Number: 12-5314
Justia Opinion Summary: Under 28 U.S.C. 2107, an appeal must be filed within 60 days after the entry of judgment, order or decree. At issue was whether "the entry" of the order at issue occurred when the district court's clerk's office posted…
Date: November 1, 2013
Docket Number: 12-5274
Justia Opinion Summary: Pilots appealed the grant of summary judgment to PBGC on their claims regarding pension benefits payable under the terminated Retirement Income Plan for U.S. Airways Pilots. The court concluded that it need not resolve…
Date: November 1, 2013
Docket Number: 12-7103
Justia Opinion Summary: Bell appealed the vacatur of a default judgment as void in connection with the manufacture and marketing by Iran of a helicopter that resembled Bell's Jet Ranger 206 in appearance. The court concluded that Bell's…
Date: November 1, 2013
Docket Number: 13-5069
Justia Opinion Summary: Plaintiffs and their companies filed suit alleging that the contraceptive mandate in the Affordable Care Act, 42 U.S.C. 300gg-13(a)(4), violated their rights under the Religious Freedom Restoration Act (RFRA), 42 U.S.C.…
Date: October 25, 2013
Docket Number: 11-1480
Justia Opinion Summary: Petitioner sought review of the Board's decision rejecting his application for a certificate authorizing the acquisition and operation of a small length of industrial railroad track because his application refused any…
Date: October 18, 2013
Docket Number: 12-1179
Justia Opinion Summary: The EPA promulgated an interim final rule (IFR) authorizing it to issue certificates of conformity to diesel truck engines manufacturers for 2012 and 2013 model-year engines notwithstanding the engines did not conform to…
Date: September 10, 2013
Docket Number: 11-3096
Justia Opinion Summary: Defendant appealed his conviction for conspiring to distribute heroin. The court concluded that, even if it assumed that the district court erred in failing to give a multiple conspiracies instruction, and even if the…
Date: August 30, 2013
Docket Number: 11-5282
Justia Opinion Summary: This case arose when Judicial Watch filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request with the Secret Service, seeking records of every visitor to the White House Complex over a period of seven months. The…
Date: August 20, 2013
Docket Number: 11-1131
Justia Opinion Summary: Petitioners challenged the EPA's final rule establishing emission standards for sewage sludge incinerators under section 129 of the Clean Air Act, 42 U.S.C. 7429. The court remanded to the EPA portions of the rule for…
Date: August 20, 2013
Docket Number: 11-5316
Justia Opinion Summary: Appellants - safari clubs, hunters, and international conservationists - alleged that the Service's failure to take actions concerning the straight-horn markhor was arbitrary and capricious. The court concluded that…
Date: August 16, 2013
Docket Number: 12-3018
Justia Opinion Summary: Defendant pled guilty to possessing with intent to distribute 50 grams or more of cocaine base and subsequently appealed the district court's partial denial of his motion for a sentence reduction under 18 U.S.C.…
Date: August 9, 2013
Docket Number: 12-7085
Justia Opinion Summary: Plaintiffs, a group of shippers who paid rate-based fuel surcharges, filed an antitrust action alleging that freight railroads engaged in a price-fixing conspiracy. On interlocutory appeal, the freight railroads seek to…
Date: August 6, 2013
Docket Number: 08-1386
Justia Opinion Summary: Petitioners and intervenors petitioned for review of FERC's orders (1) approving PJM's method of disbursing a monetary surplus that resulted from the way it operated its markets, and (2) requiring PJM to recoup money…
Date: August 2, 2013
Docket Number: 12-1092
Justia Opinion Summary: This case concerned challenges to the 2011 Hours of Service (HOS) rule issued by the FMCSA. In Case No. 12-1092, ATA asserted that the new safety-oriented provisions in the final HOS rule were overly restrictive and…
Date: August 2, 2013
Docket Number: 12-5134
Justia Opinion Summary: This appeal concerned plaintiff's filing of an administrative complaint with the FEC alleging that various organizations violated election laws during their efforts to keep him off the ballot. The FEC dismissed the…
Date: July 26, 2013
Docket Numbers: 10-1425, 11-1037
Justia Opinion Summary: These appeals challenged the EPA's promulgation of rules in response to the Supreme Court's holding that greenhouse gases unambiguously qualify as an "air pollutant" under the Clean Air Act, 42 U.S.C. 7401. At issue was…
Date: July 26, 2013
Docket Number: 12-1080
Justia Opinion Summary: This case arose when SSA filed a complaint with the Commission alleging that the Port Department violated the Shipping Act, 46 U.S.C. 41102(c), 41106(2)-(3). The ALJ denied the City's motion to dismiss the complaint on…
Date: July 26, 2013
Docket Number: 12-1264
Justia Opinion Summary: OOIDA, a trade association, challenged the decision of the FMCSA to exempt commercial vehicle operators licensed in Canada or Mexico from certain statutory medical certification requirements applicable to drivers…
Date: July 26, 2013
Docket Number: 12-5107
Justia Opinion Summary: Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that…
Date: July 23, 2013
Docket Number: 08-1200
Justia Opinion Summary: Petitioners petitioned for review of the EPA's most recent revisions to the primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The court rejected Mississippi and the industry groups'…
Date: July 23, 2013
Docket Number: 11-1283
Justia Opinion Summary: Petitioner, an energy trader, challenged FERC's order to pay a $50,000 civil penalty because petitioner had made false statements and material omissions in forms he filed with the Commission and a market operator the…
Date: July 23, 2013
Docket Number: 12-5038
Justia Opinion Summary: Plaintiff, an attorney, filed suit against the Judge Advocate General (JAG) of the Navy and others, alleging violation of his constitutional rights in an administrative decision which suspended him from practice before…
Date: July 23, 2013
Docket Number: 12-5176
Justia Opinion Summary: Plaintiffs, a group of prisoners, filed suit against the FDA for allowing state correctional departments to import sodium thiopental (thiopental), a misbranded and misapproved new drug used in lethal injection protocols,…
Date: July 23, 2013
Docket Number: 12-5179
Justia Opinion Summary: Gentiva, a provider of home healthcare services, contended that the Secretary violated the Medicare statute, 42 U.S.C. 1395ddd(f)(3), by delegating to an outside contractor the authority to determine whether Gentiva's…
Date: July 19, 2013
Docket Number: 12-1140
Justia Opinion Summary: Petitioner sought review of the revocation of his pilot and medical certificates based upon the false statement that he made about having never been arrested for drunk driving. The court denied the petition, concluding…
Date: July 19, 2013
Docket Number: 12-3015
Justia Opinion Summary: Defendant was convicted of conspiracy to commit honest-services wire fraud. The conviction arose out of his work for former United States Representative Curt Weldon where defendant intentionally failed to disclose…
Date: July 19, 2013
Docket Number: 12-5115
Justia Opinion Summary: Appellant a former pilot for US Airways, sought benefits from a collectively-bargained pilot disability plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. On appeal, appellant…
Date: July 19, 2013
Docket Number: 13-1019
Justia Opinion Summary: Seeking to construct a natural gas compressor station in Maryland, Dominion applied for and received a certificate of public convenience and necessity from FERC. The Department subsequently twice refused to process…
Date: July 16, 2013
Docket Number: 11-3086
Justia Opinion Summary: Defendant appealed his sentence and conviction for drug conspiracy. The court concluded that the district court did not abuse its discretion in admitting Federal Rule of Evidence 404(b) evidence of prior drug activity…
Date: July 12, 2013
Docket Number: 11-1101
Justia Opinion Summary: Environmental groups petitioned for review of the EPA's "Deferral Rule," which deferred regulation of biogenic carbon dioxide for three years. The EPA justified this Deferral Rule on the basis of the de minimis,…
Date: July 12, 2013
Docket Number: 11-5347
Justia Opinion Summary: CRLA appealed from an enforcement order of a subpoena duces tecum and the OIG cross-appealed the protective order governing disclosure of material discovered by the subpoena and also establishing a notice requirement.…
Date: July 12, 2013
Docket Number: 12-1335
Justia Opinion Summary: HAI challenged the FAA's issuance of a rule requiring helicopter pilots to use a route one mile off the north shore of Long Island, New York for the purpose of noise abatement in residential areas. The court concluded…
Date: July 12, 2013
Docket Number: 12-3003
Justia Opinion Summary: Defendant appealed his sentence and conviction under 18 U.S.C. 3582(c)(2) for trafficking crack cocaine, contending that the judge who sentenced him failed to determine the quantity of drugs he possessed. The court…
Date: July 9, 2013
Docket Number: 10-3004
Justia Opinion Summary: Appellant, convicted of drug charges, appealed his sentence, claiming that he was denied the effective assistance of counsel. The court need not decide whether the record before it was sufficient to resolve this claim…
Date: July 9, 2013
Docket Number: 11-7086
Justia Opinion Summary: Plaintiff filed suit claiming that the District police violated her common-law, statutory, and constitutional rights when they arrested her for disorderly conduct. The jury awarded her compensatory and punitive damages.…
Date: July 9, 2013
Docket Number: 12-1058
Justia Opinion Summary: Appellant traveled from South Korea to the United States and, while present in the United States, he gambled at slot machines frequently. The IRS contended that appellant must pay taxes on every winning pull at the slot…
Date: July 9, 2013
Docket Number: 12-5142
Justia Opinion Summary: Appellant fled to the United States after a Hong Kong magistrate issued a warrant for his arrest on charges of smuggling, evasion of customs duties, bribery, conspiracy to defraud, and money laundering. On appeal,…
Date: July 5, 2013
Docket Numbers: 11-7155, 11-7161
Justia Opinion Summary: In two unconsolidated cases, UBCJA and SWRCC (collectively, Carpenters) appealed the district court's confirmation of two arbitration awards in favor of Plasterers. The court concluded that these cases were not moot…
Date: July 5, 2013
Docket Number: 11-7158
Justia Opinion Summary: Plaintiff filed suit after the WMATA bus that she was riding in collided with a car, causing her a variety of injuries. At issue on appeal was whether the district court erred in instructing the jury that it must treat…
Date: July 5, 2013
Docket Number: 11-7161
Date: July 5, 2013
Docket Number: 12-3070
Justia Opinion Summary: After defendant was charged with drug-related offenses, the Government committed a series of disclosure violations leading to, and then extending beyond, the district court's declaration of a mistrial based upon such…
Date: July 2, 2013
Docket Number: 12-1124
Justia Opinion Summary: The Conference Group challenged the Commission's decision that the audio bridging services provided by InterCall were properly classified as "telecommunications" under the Communications Act of 1934, as amended, and…
Date: July 2, 2013
Docket Number: 12-3012
Justia Opinion Summary: Defendant appealed the district court's denial of his request for a sentence reduction under 18 U.S.C. 3582(c)(2). The court concluded that the sentencing court relied on defendant's "flawed" guideline range in this…
Date: July 2, 2013
Docket Number: 12-5015
Justia Opinion Summary: Plaintiff, a police officer with the Parks Service, filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging workplace discrimination. On appeal, plaintiff challenged the district…
Date: July 2, 2013
Docket Number: 12-5204
Justia Opinion Summary: Section 207 of the Passenger Rail Investment and Improvement Act of 2008, 49 U.S.C. 24101, empowers Amtrak and the FRA to jointly develop performance measures to enhance enforcement of the statutory priority Amtrak's…
Date: July 2, 2013
Docket Number: 12-5246
Justia Opinion Summary: In 2006, DOL issued an opinion letter concluding that mortgage loan officers with archetypal job duties fell within the administrative exemption. In 2010, DOL issued an "Administrator's Interpretation" declaring that…
Date: June 28, 2013
Docket Number: 12-5016
Justia Opinion Summary: Plaintiff, an ALJ, brought this action alleging that HUD had interfered with his decisional independence and thereby violated the Administrative Procedure Act, 5 U.S.C. 500 et seq. The court concluded that it need not…
Date: June 28, 2013
Docket Number: 12-5031
Justia Opinion Summary: Appellee sought a preliminary injunction against the enforcement of provisions of the Prevent All Cigarette Trafficking Act (PACT Act), 15 U.S.C. 375, that required him to pay state and local taxes and banned him from…
Date: June 28, 2013
Docket Number: 12-5119
Justia Opinion Summary: Plaintiff filed suit against her former employer, the Chief Administrative Officer (OCAO), of the United States House of Representatives, for alleged racial discrimination and retaliation in violation of the…
Date: June 28, 2013
Docket Number: 12-5360
Justia Opinion Summary: FTM applied to the IRS for a charitable tax exemption under I.R.C. 501(a) and (c)(3) based on its trustee services. FTM subsequently filed this action seeking a declaration that it was a tax exempt charitable…
Date: June 25, 2013
Docket Number: 10-3074
Justia Opinion Summary: Defendant appealed his conviction, after a retrial, of conspiracy to distribute and to possess with intent to distribute phencyclidine (PCP). On appeal, defendant argued that the district court violated Federal Rule of…
Date: June 25, 2013
Docket Number: 11-7088
Justia Opinion Summary: Defendants appealed the district court's denial of their motion to dismiss under the District of Columbia's Anti-SLAPP Act (anti-strategic lawsuits against public participation act) of 2010, D.C. Code 16-5501 et seq. The…
Date: June 25, 2013
Docket Number: 12-5168
Justia Opinion Summary: Plaintiff challenged the district court's holding affirming the USCIS's denial of several of plaintiff's petitions for Q-1 visas for foreign applicants to its cultural exchange program. USCIS denied the petitions because…
Date: June 25, 2013
Docket Number: 12-5413
Justia Opinion Summary: Plaintiffs brought this action against the Commission seeking a declaratory judgment that recently adopted regulations of the Commission regarding derivatives trading were unlawfully adopted and invalid, and seeking to…
Date: June 21, 2013
Docket Number: 11-3017
Justia Opinion Summary: Defendant pled guilty to unlawful possession of a firearm and ammunition by a convicted felony and was sentenced to 37 months imprisonment and 3 years supervised release. On appeal, defendant challenged his sentence of…
Date: June 21, 2013
Docket Numbers: 11-7142, 12-5026
Justia Opinion Summary: Plaintiffs in Adams v. United States challenged the nonretroactivity and protection-for-compliance provisions of the Fair Treatment for Experienced Pilots Act of 2007 (FTEPA), Pub. L. No. 110-135, 121 Stat. 1450, as well…
Date: June 21, 2013
Docket Number: 12-7078
Justia Opinion Summary: Plaintiff, an African-American woman, sued the District and the Chief of Police, alleging race and sex discrimination. When plaintiff opted to retire instead of accepting a demotion, the Chief hired a white man to serve…
Date: June 18, 2013
Docket Number: 11-5344
Justia Opinion Summary: Appellant appealed the district court's denial of his petition for a writ of habeas corpus. The district court concluded that appellant was part of al Qaeda or the Taliban at the time of his capture, based on evidence of…
Date: June 18, 2013
Docket Number: 11-5353
Justia Opinion Summary: Appellants, hunters and hunting organizations, challenged the Service's bar against the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species…
Date: June 18, 2013
Docket Number: 12-5032
Justia Opinion Summary: This case stemmed from appellant's request from the CIA of records related to a certain CIA officer. On appeal, appellant challenged the district court's determination that appellant should not receive attorney's fees as…
Date: June 18, 2013
Docket Number: 12-5294
Justia Opinion Summary: Delta filed suit against the Bank, under the Export-Import Bank Act, 12 U.S.C. 635(b)(1)(B), arguing that the Bank failed to consider the effects of loan guarantees given to Air India so that Air India could purchase…
Date: June 14, 2013
Docket Number: 11-1201
Justia Opinion Summary: NRG petitioned for review of FERC's order approving a settlement between PJM, NYISO, ConEd, PSE&G, and others regarding transmission service agreements. NRG objected to the settlement, which gave ConEd transmission…
Date: June 11, 2013
Docket Number: 10-1195
Justia Opinion Summary: FINRA filed a complaint against petitioner, charging that he violated FINRA rules by submitting false expense reports for reimbursement of nonexistent business travel and for a fraudulently purchased cellular telephone.…
Date: June 11, 2013
Docket Number: 12-1221
Justia Opinion Summary: This case concerned the rates that the Postal Service charged for presorted mail. The Commission found that the Postal Service's discount for presorting exceeded the cost that the Postal Service avoided as a result of…
Date: June 11, 2013
Docket Number: 12-1298
Justia Opinion Summary: The Institute challenged the final rule promulgated by the FRA to implement section 104 of the Rail Safety Improvement Act of 2008, Pub. L. No. 110-432 section 104(a)(1), 122 Stat. 4848, 4857. Section 104 required a…
Date: June 11, 2013
Docket Number: 12-3056
Justia Opinion Summary: Appellee, a Somali national, helped negotiate the ransom of a merchant vessel and its crew after they were captured by marauders in the Gulf of Aden. Appellee received a share of the ransom and also received a separate…
Date: June 11, 2013
Docket Number: 12-5092
Justia Opinion Summary: Catholic Health filed suit under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., challenging the agency's interpretation of the Medicare statute and its application to the 1997 cost-reporting period. The…
Date: June 11, 2013
Docket Number: 12-5106
Justia Opinion Summary: Plaintiff sued his employer, the USPS, for racial discrimination, retaliation, and hostile work environment. On appeal, plaintiff challenged the district court's order refusing to award him any compensation for delayed…
Date: June 7, 2013
Docket Number: 11-1464
Justia Opinion Summary: Cumberland petitioned for review of the Commission's determination that Cumberland's failure to maintain adequate emergency lifelines in its mine's escapeways was a significant and substantial violation of the Federal…
Date: June 7, 2013
Docket Number: 11-1467
Justia Opinion Summary: Northern Valley challenged the FCC's ruling that Northern Valley could not tariff long-distance carriers for calls to Northern Valley's non-paying customers. The court rejected Northern Valley's contention that the FCC's…
Date: June 7, 2013
Docket Number: 11-7116
Justia Opinion Summary: Plaintiff sued the district and others for violation of, inter alia, the District of Columbia Whistleblower Protection Act (DCWPA), D.C. Code 1-615.52-.54. The district court granted judgment in favor of defendants on…
Date: June 7, 2013
Docket Number: 12-1244
Justia Opinion Summary: Millard petitioned for review of the Commission's affirmance of citations issued to Millard for committing violations of emergency response, training, record-keeping, and other requirements after more than 30,000 pounds…
Date: June 7, 2013
Docket Number: 12-5136
Justia Opinion Summary: This case involved the district court's order requiring the Office of the United States Trade Representative to disclose a classified document describing the government's position during international trade negotiations.…
Date: June 4, 2013
Docket Number: 10-3010
Justia Opinion Summary: Defendant challenged his conviction on one count of conspiracy to distribute and possess with intent to distribute five or more kilograms of cocaine. The court rejected defendant's claims of improper venue; ineffective…
Date: June 4, 2013
Docket Number: 12-7064
Justia Opinion Summary: This case involved the District's laws against "double-dipping": the simultaneous drawing of both a pension and a salary by a retired employee who has been rehired by the District. Plaintiffs, retired employees of the…
Date: May 31, 2013
Docket Number: 12-5009
Justia Opinion Summary: In an effort to reduce gun trafficking from the United States to Mexico, the ATF issued a demand letter under 18 U.S.C. 923(g)(5)(A) to a number of federal firearms licensees (FFLs) requiring each recipient making two or…
Date: May 31, 2013
Docket Number: 12-5365
Justia Opinion Summary: Three federal contractors sought a declaration that 2 U.S.C. 441c abridged their freedom of speech guaranteed by the First Amendment and denied them the equal protection of the laws in violation of the Fifth Amendment.…
Date: May 28, 2013
Docket Number: 11-1314
Justia Opinion Summary: This case arose from a protracted labor dispute between Tenneco and the Union. The NLRB's General Counsel sought to prove that Tenneco had committed multiple violations of Section 8 of the National Labor Relations Act,…
Date: May 28, 2013
Docket Number: 11-5264
Justia Opinion Summary: Appellant, sentenced to prison for crimes involving powder and crack cocaine before Congress and the Sentencing Commission took steps to reduce the disparity in sentencing ranges between the two, sought declaratory and…
Date: May 28, 2013
Docket Number: 12-1129
Justia Opinion Summary: Petitioners challenged the EPA's revised emissions standards for secondary lead smelting facilities. In 2012, acting pursuant to sections 112(d)(6) and 112(f)(2) of the Clean Air Act, 42 U.S.C. 7412(d)(6), (f)(2), EPA…
Date: May 28, 2013
Docket Number: 12-1337
Justia Opinion Summary: Tennis Channel, a sports programming network and intervenor in this suit, filed a complaint against Comcast Cable, a multichannel video programming distributor (MVPD), alleging that Comcast violated section 616 of the…
Date: May 28, 2013
Docket Number: 12-1339
Justia Opinion Summary: Morpho, a California-based corporation that designs and builds explosives and other threat detection technology, contracted with the FAA on behalf of its then-newly established TSA, to supply its Explosive Detection…
Date: May 28, 2013
Docket Number: 12-5095
Justia Opinion Summary: Intervenor, Sunflower Electric Power Corporation, appealed the grant of summary judgment to the Sierra Club based on violations of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., by the USDA's Rural…
Date: May 24, 2013
Docket Number: 11-5276
Justia Opinion Summary: Appellant, a Guantanamo detainee, appealed from a judgment of the district court denying his petition for a writ of habeas corpus. On appeal, appellant argued that the district court erred in not affording him protection…
Date: May 24, 2013
Docket Number: 12-5083
Justia Opinion Summary: Appellants - AFGE, several AFGE locals that represent Air Reserve Technicians (ARTs), and ART Mark Winstead - challenged three Air Force instructions requiring ARTs to wear military uniforms while performing civilian…
Date: May 21, 2013
Docket Number: 11-7131
Justia Opinion Summary: Appellant, confined at St. Elizabeths Hospital since 1982, asserted a cause of action under, inter alia, 42 U.S.C. 1983, and alleged that DMH had violated his rights by seizing money from his patient account without…
Date: May 21, 2013
Docket Number: 12-5137
Justia Opinion Summary: Judicial Watch appealed the district court's grant of summary judgment in favor of the CIA. Judicial Watch filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request seeking disclosure by the CIA of 52 post-mortem…
Date: May 21, 2013
Docket Number: 12-5170
Justia Opinion Summary: Appellants, holders of senior notes issued by Washington Mutual - a failed bank - sought to intervene in litigation between Deutsche Bank, the FDIC (Washington Mutual's receiver), and J.P. Morgan Chase. The district…
Date: May 17, 2013
Docket Number: 11-3040
Justia Opinion Summary: Defendant pled guilty to crossing state lines to have sex with a minor. On appeal, defendant challenged his sentence. Defendant argued that the district court erred when it applied a sentencing enhancement based on his…
Date: May 17, 2013
Docket Number: 11-5120
Justia Opinion Summary: Plaintiff alleged that her employer denied her a promotion and a transfer in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1 et seq., and the Age Discrimination in Employment Act of 1967, 29…
Date: May 14, 2013
Docket Number: 12-1106
Justia Opinion Summary: This case arose from actions taken by the Commission approving an application by Southern for combined licenses to construct and operate new Units 3 and 4 of the Vogtle Nuclear Plant and an application by Westinghouse…
Date: May 10, 2013
Docket Number: 11-1471
Justia Opinion Summary: In 2007, FERC granted various rate incentives to encourage the construction of three projects by SoCal Edison. The beneficial rate treatment included incentives to be added to a base rate of return for the projects.…
Date: May 7, 2013
Docket Number: 09-3017
Justia Opinion Summary: Defendant appealed his conviction and sentence on one count of possession of powder cocaine with intent to distribute. Defendant contended that the arresting officers violated his right against self-incrimination; that…
Date: May 7, 2013
Docket Number: 11-7136
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment against her claims of age and sex discrimination in the workplace. The district court credited the defense of plaintiff's employer that she was let go…
Date: May 7, 2013
Docket Number: 12-5068
Justia Opinion Summary: The Board declared a rule that employers subject to its jurisdiction would be guilty of an unfair labor practice if they did not post on their properties and on their websites a "Notification of Employee Rights under the…
Date: April 30, 2013
Docket Number: 10-1421
Justia Opinion Summary: Three securities exchanges filed with the SEC proposed changes to their fee-setting rules for the acquisition of certain proprietary market data. Petitioners, two trade associations, requested the Commission to suspend…
Date: April 30, 2013
Docket Number: 12-5133
Justia Opinion Summary: Agreeing with the Board, the district court ruled that Quantum's 1996 Management Agreement with the Pueblo was null and void for lack of approval by the Secretary as required by 25 U.S.C. 81, and that it was incapable of…
Date: April 26, 2013
Docket Number: 11-1326
Justia Opinion Summary: The union charged Flagstaff with dozens of unfair labor practices under the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (3). The ALJ dismissed most of the allegations and a divided Board affirmed eight…
Date: April 26, 2013
Docket Number: 12-1398
Justia Opinion Summary: Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376, the SEC promulgated a rule requiring certain companies to disclose payments made to foreign governments…
Date: April 26, 2013
Docket Number: 12-5227
Justia Opinion Summary: AstraZeneca, a manufacturer of pharmaceutical products, appealed from the district court's grant of summary judgment. AstraZeneca sought declaratory judgment that the FDA could not approve generic versions of its…
Date: April 23, 2013
Docket Number: 12-5122
Justia Opinion Summary: Defenders sued the EPA based on the EPA's alleged failure to promptly promulgate revisions to certain effluent limitations and effluent limitations guidelines under the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. UWAG,…
Date: April 23, 2013
Docket Number: 12-5150
Justia Opinion Summary: Mingo Logan applied to the Corps for a permit under section 404 of the Clean Water Act (CWA), 33 U.S.C. 1344, to discharge dredged or fill material from a mountain-top coal mine in West Virginia into three streams and…
Date: April 19, 2013
Docket Numbers: 11-1444, 11-1251
Justia Opinion Summary: This case stemmed from the Federal Motor Carrier Safety Administration's recent authorization of a pilot program that allowed Mexico-domiciled trucking companies to operate trucks throughout the United States, so long as…
Date: April 19, 2013
Docket Number: 11-3077
Justia Opinion Summary: Appellant pled guilty to persuading a person to travel in interstate commerce to engage in criminal sexual activity. On appeal, appellant challenged all of the computer- and Internet-related conditions of his supervised…
Date: April 19, 2013
Docket Number: 11-7096
Justia Opinion Summary: Plaintiffs, descendants of the Herzog Collection's owner, claimed that following World War II the Hungarian government entered into bailment agreements with them to retain possession of the Collection and later breached…
Date: April 12, 2013
Docket Number: 11-7153
Justia Opinion Summary: The District of Columbia appealed from the structural injunction entered by the district court in this class action challenging the policies and practices of the District's "Child Find" system under the Individuals with…
Date: April 12, 2013
Docket Number: 12-3051
Justia Opinion Summary: Defendant moved to suppress evidence found in his apartment after police officers executed a search warrant and seized drugs, firearms, cash, and a variety of drug paraphernalia. Defendant argued that the police officer…
Date: April 9, 2013
Docket Number: 11-3098
Justia Opinion Summary: Defendant pled guilty to one count of mail fraud and was sentenced to 8 years and 9 months of imprisonment, as well as ordered to pay restitution to his victims. Defendant appealed. The court held that defendant could…
Date: April 9, 2013
Docket Number: 11-7120
Justia Opinion Summary: Plaintiff filed a complaint against the District of Columbia and others regarding the pretrial conditions of his confinement. The District agreed that the the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a),…
Date: April 9, 2013
Docket Number: 12-1150
Justia Opinion Summary: Indiana Boxcar, a holding company that owns several railroads, petitioned for review of the Board's determination that Indiana Boxcar was an "employer" for purposes of the Railroad Retirement Act and the Railroad…
Date: April 5, 2013
Docket Number: 11-7127
Justia Opinion Summary: Plaintiff sued his employer, Fannie Mae, alleging violations of federal anti-discrimination laws by denying him a salary increase for discriminatory reasons; maintaining a racially hostile work environment; and…
Date: April 5, 2013
Docket Number: 12-1284
Justia Opinion Summary: Appellants challenged the IRS's deficiency finding, as well as an accuracy-related penalty. On appeal, appellants argued that the Tax Court misunderstood relevant law when it affirmed the IRS's calculation of their…
Date: April 2, 2013
Docket Number: 12-5004
Justia Opinion Summary: This case stemmed from CREW's Freedom of Information Act (FOIA), 5 U.S.C. 552, request to the FEC seeking several categories of records, including certain correspondence, calendars, agendas, and schedules of the…
Date: March 29, 2013
Docket Number: 09-5354
Justia Opinion Summary: Plaintiffs, three applicants for attorney positions under the Honors Program in 2006, alleged that they were not selected for interviews because of their political affiliations. Plaintiffs claimed that senior officials…
Date: March 29, 2013
Docket Number: 11-3035
Justia Opinion Summary: Defendant, the former national treasurer of the Phi Beta Sigma fraternity, pled guilty to a single count of bank fraud and received a sentence of the time he had already served on earlier convictions, plus five years of…
Date: March 29, 2013
Docket Number: 12-5087
Justia Opinion Summary: Plaintiffs brought civil claims against the sitting president of Sri Lanka under the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350. On appeal, plaintiffs contended that the president was not immune from civil suit…
Date: March 26, 2013
Docket Number: 11-3101
Justia Opinion Summary: Defendant, the former CFO of the National City Christian Church, was convicted of offenses related to his role in swindling the church out of more than $850,000, much of it through arranging an increase in the church's…
Date: March 22, 2013
Docket Number: 11-1268
Justia Opinion Summary: This case stemmed from Cytori's application to the FDA to market two new medical devices, the Celution 700 and the StemSource 900. Two devices that use adipose tissue as a source of stem cells that could later be used in…
Date: March 22, 2013
Docket Number: 11-7045
Justia Opinion Summary: Peter Knowland sued Syria, Libya, and a number of Syrian and Libyan individuals and organizations for sponsoring and supporting the terrorist attacks on international flight terminals in Rome and Vienna on December 27,…
Date: March 19, 2013
Docket Number: 11-1431
Justia Opinion Summary: Lone Mountain petitioned for review of an order of the Federal Mine Safety and Health Review Commission denying the company's motions to reopen closed civil penalty proceedings. Following the guidance of Federal Rule of…
Date: March 15, 2013
Docket Number: 11-1477
Justia Opinion Summary: FERC fined petitioner $30 million for manipulating natural gas futures contracts. Petitioner, an employee of the hedge fund Amaranth, claimed that FERC lacked authority to fine him because the Commodity Futures Trading…
Date: March 15, 2013
Docket Number: 11-5320
Justia Opinion Summary: Plaintiffs filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request for records held by the CIA pertaining to the use of unmanned aerial vehicles (drones) to carry out targeted killings. The district court…
Date: March 12, 2013
Docket Number: 11-3049
Justia Opinion Summary: Appellant challenged the district court's decision to reimpose a 360-month sentence for numerous narcotics- and firearms-related convictions after the court vacated one of the convictions upon which his original sentence…
Date: March 12, 2013
Docket Number: 12-5182
Justia Opinion Summary: Hill filed a successful drug application with the FDA for a corticosteroid called "Derma-Smoothe." The FDA later approved three abbreviated new drug applications submitted by Identi for generic versions of Hill's…
Date: March 8, 2013
Docket Number: 11-5291
Justia Opinion Summary: Plaintiff sued the BBG pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., after she did not receive a promotion. On appeal, plaintiff challenged the district court's grant of summary judgment…
Date: March 8, 2013
Docket Number: 11-5317
Justia Opinion Summary: MBIA sued as the third party beneficiary of the Pooling and Servicing Agreements (PSAs) of a failed bank. It alleged that the FDIC as conservator of the successor bank had "approved," the PSAs and then breached its "Put…
Date: March 8, 2013
Docket Number: 11-5359
Justia Opinion Summary: The Union asserted unfair labor practice charges (ULPs) against the VA on behalf of two nurses at a VA medical center. The VA determined that the charges were covered by the nurses' statutory right of collective…
Date: March 5, 2013
Docket Number: 12-5037
Justia Opinion Summary: Plaintiffs, teaching hospitals, received Medicare payments to offset the costs associated with training "full-time equivalent" residents and intern physicians (FTEs). In 1997, Congress capped those payments in such a way…
Date: March 1, 2013
Docket Number: 07-3137
Justia Opinion Summary: Defendant, a Colombian national, was extradited for, charged with, and convicted of conspiracy to distribute cocaine with the knowledge or intent that it would be imported into the United States. On appeal, defendant…
Date: March 1, 2013
Docket Number: 11-3018
Justia Opinion Summary: Defendant was convicted of conspiring to possess and distribute one kilogram or more of PCP. On appeal, defendant claimed that his trial and sentencing were defective in several respects. Defendant's ineffective…
Date: March 1, 2013
Docket Number: 11-5219
Justia Opinion Summary: After a three-year rulemaking process, the FWS found that, due to the effects of global climate change, the polar bear was likely to become an endangered species and faced the threat of extinction within the foreseeable…
Date: March 1, 2013
Docket Number: 11-5328
Justia Opinion Summary: The Muwekma petitioned the court to order Interior to recognize it as an Indian tribe. The court agreed with the district court that Interior's Supplemental Explanation adequately explained why Muwekma was not similarly…
Date: February 26, 2013
Docket Number: 11-1146
Justia Opinion Summary: Petitioners challenged the FCC's three revisions to the interpretation of Section 224 of the Communications Act of 1934, 47 U.S.C. 224. Section 224 provided a variety of advantages to certain types of firms seeking to…
Date: February 22, 2013
Docket Number: 12-5075
Justia Opinion Summary: Appellants, almond producers, claimed that the Secretary of Agriculture, seeking to prevent the spread of salmonella, exceeded his authority in requiring California almonds sold domestically to be treated with heat or…
Date: February 19, 2013
Docket Number: 11-1449
Justia Opinion Summary: This case stemmed from the interaction between the NRC's regular decommissioning process of a licensed nuclear facility and a statutory provision (section 2021 of the Atomic Energy Act, 42 U.S.C. 2021) authorizing the…
Date: February 15, 2013
Docket Number: 11-1422
Justia Opinion Summary: In this case, FERC reviewed rates resulting from an auction process and concluded that though the rates were not contract rates, they warranted the Mobile-Sierra doctrine presumption anyway. The NEPGA and State…
Date: February 15, 2013
Docket Number: 11-7107
Justia Opinion Summary: Appellees sued the District, their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The District argued on appeal, inter alia, that it was entitled to a new trial because…
Date: February 12, 2013
Docket Number: 09-3044
Justia Opinion Summary: Defendant appealed his convictions for assault with a dangerous weapon, possession of a firearm during dangerous offenses, and being a felon in possession of a firearm. Defendant contended that the district court's…
Date: February 12, 2013
Docket Number: 11-3002
Justia Opinion Summary: Prior to Freeman v. United States, the district court denied defendant's 18 U.S.C. 3582(c)(2) motion for a reduction of his Federal Rule of Criminal Procedure 11(c)(1)(C) sentence. The court held that it had jurisdiction…
Date: February 8, 2013
Docket Number: 10-1113
Justia Opinion Summary: Petitioners, HPBA and NPGA, sought review of two recently promulgated rules that they believed expanded the Energy Policy and Conservation Act (EPCA), 42 U.S.C. 6201 et seq., to include decorative fireplaces. The court…
Date: February 8, 2013
Docket Number: 11-5298
Justia Opinion Summary: In Atherton v. D.C. Office of the Mayor, juror officer Suzanne Bailey-Jones unceremoniously removed Peter James Atherton from grand jury service after an Assistant United States Attorney (AUSA) reported the complaints of…
Date: February 8, 2013
Docket Number: 11-7018
Justia Opinion Summary: This case stemmed from the closure of the Franklin Shelter, an overnight facility for homeless men in downtown Washington D.C. On appeal, plaintiffs alleged that the closure violated federal and D.C. antidiscrimination…
Date: February 8, 2013
Docket Number: 12-5013
Justia Opinion Summary: This appeal stemmed from plaintiffs' suit against the government after the government alleged that plaintiffs failed to file adequate tax returns. The court understood plaintiffs' pro se appeal to contend that the…
Date: February 5, 2013
Docket Number: 10-3105
Justia Opinion Summary: Defendant pled guilty to mail fraud, in violation of 18 U.S.C. 1341, and was sentenced to 60 months in prison followed by 36 months of supervised release, as well as ordered to pay restitution to his victims. On appeal,…
Date: February 5, 2013
Docket Number: 11-7146
Justia Opinion Summary: Plaintiff filed a complaint pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the District of Columbia Human Rights Act of 1977, D.C. Code 2-1404.01 et seq., and the Civil Rights Act of…
Date: February 1, 2013
Docket Number: 12-5141
Justia Opinion Summary: Appellee Sue Reisinger requested access to reports made by an independent consultant to evaluate AIG's internal policies and past transactions, asserting both common law and First Amendment rights of access. The district…
Date: January 29, 2013
Docket Number: 12-1162
Justia Opinion Summary: Petitioner challenged the OCC and the Board's authority to issue cease-and-desist orders pursuant to Section 19 of the Federal Deposit Insurance Act (FDIA), 12 U.S.C. 1829, as well as their respective conclusions that…
Date: January 25, 2013
Docket Number: 10-3091
Justia Opinion Summary: Appellant, indicted for conspiracy to distribute crack cocaine, pled guilty pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement, which generally specifies an agreed-upon sentence or sentencing…
Date: January 25, 2013
Docket Number: 11-3100
Justia Opinion Summary: Appellant, once a prominent Washington lobbyist, was convicted of honest-services fraud, paying an illegal gratuity, and conspiracy relating to his provision of meals, tickets, and other gifts to public officials.…
Date: January 25, 2013
Docket Number: 11-7121
Justia Opinion Summary: In 1986, appellee personally guaranteed a loan made by Petra to AEGIS. Appellee subsequently sued Petra in district court in late 2008, seeking a declaratory judgment that he did not have any obligations under a Guaranty…
Date: January 25, 2013
Docket Number: 12-1115
Justia Opinion Summary: Petitioner sought review of the Board's decision finding that petitioner violated section 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to reduce to writing and execute…
Date: January 25, 2013
Docket Number: 12-1139
Justia Opinion Summary: This case stemmed from Congress's amendment of the Clean Air Act, 42 U.S.C. 7545(o), to establish a renewable fuel standard (RFS) program. API objected to the EPA's 2012 projection for cellulosic biofuel and to its…
Date: January 22, 2013
Docket Number: 10-1347
Justia Opinion Summary: This case stemmed from the EPA's administration of a cap-and-trade program regulating the production and consumption of hydrochlorofluorcarbons (HCFCs) under the Clean Air Act, 42 U.S.C. 7671d(c), 7671e(b). The program…
Date: January 22, 2013
Docket Number: 10-1413
Justia Opinion Summary: The Sierra Club sought review of the EPA's regulations regarding particulate matter less than 2.5 micrometers under Section 166 of the Clean Air Act, 42 U.S.C. 7476. After the Sierra Club filed its petition, the EPA…
Date: January 22, 2013
Docket Number: 11-1258
Justia Opinion Summary: Petitioner objected to an order of the FERC that allowed certain rates to be reduced as a corrective to the exercise of "supply-side" market power, but which declined to resolve petitioner's call for a parallel…
Date: January 22, 2013
Docket Number: 11-1265
Justia Opinion Summary: The DEA, under the authority of the Controlled Substances Act of 1970, 21 U.S.C. 812(b)(1)(B), classified marijuana as a Schedule I drug, the most restricted drug classification under the Act. Petitioners challenged the…
Date: January 15, 2013
Docket Number: 04-1033
Justia Opinion Summary: DISH, a direct broadcast satellite provider, challenged two orders of the Commission because they imposed "encoding rules," which limited the means of encoding that cable and satellite service providers could employ to…
Date: January 15, 2013
Docket Number: 11-1256
Justia Opinion Summary: ARTBA challenged the EPA's regulations relating to nonroad engines and vehicles several years after the regulations were promulgated. As such, ARTBA's challenges to the regulations were time-barred under the Clean Air…
Date: January 11, 2013
Docket Number: 11-1179
Justia Opinion Summary: GameFly filed a complaint under 39 U.S.C. 3662(a) with the Commission accusing the Postal Service of providing preferential rates and terms of service to Netflix in violation of 39 U.S.C. 403(c). When the Commission…
Date: January 11, 2013
Docket Number: 11-5352
Justia Opinion Summary: Plaintiff, together with the Second Amendment Foundation, contended that 18 U.S.C. 922(g)(1) was inapplicable to common-law misdemeanants as a class and, alternatively, that application of the statute to this class of…
Date: January 11, 2013
Docket Number: 12-5116
Justia Opinion Summary: In this case, participants in the Thunderbird Mining Company Pension Plan sought "shutdown" pension benefits. The PBGC, the government agency that administered pension termination insurance under Title IV of the…
Date: January 4, 2013
Docket Number: 08-1250
Justia Opinion Summary: Petitioners sought review of two final rules, promulgated pursuant to the Clean Air Act, 42 U.S.C. 7501-7509a, 7513-7513b, which governed implementation of the national ambient air quality standard (NAAQS) for "fine"…
Date: January 4, 2013
Docket Number: 11-5089
Justia Opinion Summary: Appellant was convicted of three murders and sentenced to death. This appeal stemmed from appellant's Freedom of Information Act (FOIA), 5 U.S.C. 552, requests to the FBI seeking information related to the FBI's…
Date: January 4, 2013
Docket Number: 11-5274
Justia Opinion Summary: Appellees sued to compel the Service to comply with deadlines set forth in the Endangered Species Act (ESA), 16 U.S.C. 1533(b)(3), for determining whether to list species as endangered or threatened. As the case neared…
Date: January 4, 2013
Docket Number: 11-5288
Justia Opinion Summary: Plaintiffs, two widowed spouses of homeowners with reverse-mortgage contracts, brought suit against the Secretary of HUD, alleging that HUD's regulation defining the conditions under which it would insure a…
Date: January 4, 2013
Docket Number: 11-5350
Justia Opinion Summary: Congress enacted section 703 of the National Defense Authorization Act for Fiscal Year 2008, 10 U.S.C. 1074g(f), which subjected all prescriptions purchased at retail pharmacies by service members to the same price caps…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
