2013 D.C. Circuit U.S. Court of Appeals Case Law

United States v. Eiland  
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...

United States v. Thomas  
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'...

American Tort Reform Assoc. v. OSHA, et al.  
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 chem...

Agape Church, Inc, et al. v. FCC, et al.  
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 allo...

Gaughf Properties, L.P. v. Commissioner, IRS  
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 Partnersh...

In re: Navy Chaplaincy, et al. v. United States Navy, et al.  
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 Catholi...

Hernandez v. Gutierrez  
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 Ac...

WildEarth Guardians, et al. v. Salazar, et al.  
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...

Maqaleh, et al. v. Panetta, et al.  
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 enem...

United States v. Dillon  
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 Supre...

United States v. Pole  
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 reje...

James v. Int'l Painters, et al.  
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 la...

U.S. DOJ v. FLRA  
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 p...

United States v. McKinney  
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,...

TC Ravenswood, LLC v. FERC  
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 th...

Howard R.l. Cook & Tommy Shaw, et al. v. Billington  
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 cu...

Dianne Sledge v. Federal Bureau of Prisons
Date: December 13, 2013
Docket Number: 12-5287
State of Mississippi v. EPA
Date: December 11, 2013
Docket Number: 08-1200
Daimler Trucks North America LLC, et al. v. EPA  
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 nonco...

Ali v. Obama, et al.  
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. Al...

Southwest Power Pool, Inc. v. FERC  
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 Admin...

United States v. Martinez-Cruz  
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 Gu...

United States v. Malenya  
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 statement...

Collins v. SEC  
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, c...

Farah, et al. v. Esquire Magazine, et al.  
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 entitl...

Natl Assoc., Reg. Util Commiss v. Department of Energy
Date: November 19, 2013
Docket Number: 11-1066
Heiser, et al. v. Islamic Republic of Iran, et al.  
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 def...

Johnson, et al. v. Government of the District of Columbia, et al.  
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 protecti...

Newspaper Assoc. of America v. Postal Regulatory Commission  
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...

Schwalier v. Hagel, et al.  
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...

Thompson Hine LLP v. Taieb, et al.  
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...

United States v. Glover  
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 Ac...

Hentif, et al. v. Obama, et al.  
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 o...

Davis, et al. v. PBGC  
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 t...

Bell Helicopter Textron, Inc., et al. v. Islamic Republic of Iran, et al.  
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 interpr...

Gilardi, et al. v. HHS, et al.  
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....

Riffin v. Surface Transportation Board  
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 ob...

Daimler Trucks North America, et al. v. EPA  
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...

United States v. Cross  
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 co...

Judicial Watch, Inc. v. United States Secret Service  
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...

Nat'l Assoc. of Clean Water Agencies v. EPA, et al.  
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 fu...

Conservation Force, Inc., et al. v. Jewell, et al.  
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 appe...

United States v. Swangin  
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. 3582(c)(...

USA v. David Duvall
Date: August 13, 2013
Docket Number: 10-3091
In Re: Aiken County
Date: August 13, 2013
Docket Number: 11-1271
In re: Rail Freight Fuel Surcharge Antitrust Litig.  
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...

Leola Smith v. Cathy Lanier
Date: August 7, 2013
Docket Number: 11-7126
Black Oak Energy, LLC v. FERC  
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 ref...

American Trucking Ass'ns v. FMCSA, et al.  
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 cost...

Nadar v. FEC  
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 compl...

Jose Lacson v. Dept. of Homeland Security
Date: July 30, 2013
Docket Number: 11-1447
State of Texas, et al. v. EPA  
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...

Utility Air Regulatory Group v. EPA
Date: July 26, 2013
Docket Number: 11-1037
Owner-Op Indepen Drivers Assoc v. FMCSA
Date: July 26, 2013
Docket Number: 11-1251
International Brotherhood of Teamsters v. DOT
Date: July 26, 2013
Docket Number: 11-1444
City of Oakland v. Federal Maritime Commission  
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 g...

Owner-Operator Independent Drivers Ass'n, Inc. v. U.S. Dept. of Transp., et al.  
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 license...

Jacobs v. Vrobel  
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...

Zivotofsky, Menachem v. Secretary of State
Date: July 23, 2013
Docket Number: 07-5347
State of Mississippi v. EPA  
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' challeng...

Kourouma v. FERC  
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 Com...

Jose Lacson v. Department of Homeland Security
Date: July 23, 2013
Docket Number: 11-1447
Partington v. Houck, et al.  
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 n...

Cook, et al. v. FDA, et al.  
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,...

Gentiva Healthcare Corp. v. Sebelius  
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 Me...

Taylor v. Huerta, et al.  
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 t...

United States v. Caso, Jr.  
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 certai...

Oakey v. US Airways Pilots Disability Income Plan  
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 challeng...

Dominion Transmission, Inc. v. Summers, et al.  
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 Domin...

United States v. Valdez  
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 an...

Center for Biological Diversity v. EPA  
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, one-step...

United States, et al. v. California Rural Legal Assist.  
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. Th...

Leola Smith v. Cathy Lanier
Date: July 12, 2013
Docket Number: 11-7126
Helicopter Assoc. Int'l v. FAA  
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 th...

United States v. Kennedy  
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 concl...

United States v. Thompson  
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 be...

Huthnance v. District of Columbia, et al.  
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....

Park, et al. v. Commissioner of IRS  
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...

Luan, et al. v. United States  
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, appell...

United Brotherhood of Carpenters v. Operative Plasterers' & Cement Masons' Int'l Ass'n  
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 beca...

Sibert-Dean v. WMATA  
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 t...

United States v. McCallum  
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 vio...

The Conference Group, LLC v. FCC, et al.  
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 ther...

In re: Sealed Case  
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 case...

Bridgeforth v. Salazar  
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 cou...

Assoc. of American Railroads v. U.S. Dept. of Transp., et al.  
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 pas...

Mortgage Bankers Assoc. v. Solis, et al.  
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 "em...

Mahoney v. Donovan, et al.  
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 de...

Gordon v. Holder, Jr., et al.  
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 se...

Howard v. Chief Admin. Officer of the U.S.  
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 Congressiona...

Family Trust of MA, Inc. v. United States  
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 organizatio...

United States v. Hampton  
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 E...

Sherrod v. Breitbart, et al.  
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...

Int'l Internship Program v. Napolitano, et al.  
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...

Investment Company Inst., et al. v. CFTC  
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 v...

United States v. Spencer  
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 2...

Emory v. United Airlines, Inc.  
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...

Grant Adams v. USA
Date: June 21, 2013
Docket Number: 12-5026
Primas v. District of Columbia, et al.  
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...

Hussain v. Obama, et al  
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...

In re: Polar Bear Endangered Species Act Listing  
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...

Morley v. CIA  
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...

Delta Air Lines, Inc. v. Export-Import Bank of the U.S., et al.  
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 Boe...

NRG Power Marketing, LLC, et al. v. FERC  
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 right...

Suburban Air Freight, Inc. v. TSA
Date: June 14, 2013
Docket Number: 12-1171
Saad v. SEC  
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....

USPS v. PRC  
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 pr...

Chlorine Institute, Inc. v. FRA, et al.  
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 qual...

United States v. Ali  
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 p...

Catholic Health Initiatives Iowa Corp. v. Sebelius  
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 di...

West v. Potter  
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 p...

Cumberland Coal Resources, LP v. MSHR, et al.  
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 Mi...

Northern Valley Communications v. FCC, et al.  
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...

Payne v. District of Columbia Government, et al.  
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 al...

Suburban Air Freight v. TSA
Date: June 7, 2013
Docket Number: 12-1171
Millard Refrigerated Services v. Secretary of Labor  
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...

Center For Int'l Env. Law v. Office of the U.S. Trade Rep., et al.  
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....

United States v. Watson  
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 a...

Cannon, et al. v. District of Columbia  
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 Me...

Nat'l Shooting Sports Found., et al. v. Jones  
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...

Wagner, et al. v. Federal Election Commission  
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. F...

Tenneco Automotive, Inc. v. NLRB  
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, 2...

Davis v. U.S. Sentencing Commission  
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 i...

Assoc. of Battery Recyclers v. EPA, et al  
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 re...

Comcast Cable Communications, LLC v. FCC, et al.  
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 Co...

Morpho Detection, Inc. v. TSA  
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 Syst...

Sierra Club v. U.S. Dept. of Agriculture, et al  
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...

Al-Warafi v. Obama  
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...

American Federation of Government Employees, et al v. Secretary of the Air Force  
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 dut...

English v. District of Columbia, et al  
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 affo...

Judicial Watch, Inc. v. Dept. of Defense, et al  
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...

Deutsche Bank National Trust v. FDIC, et al  
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 cour...

United States v. Laslie  
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 u...

Evans v. Sebelius  
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 U.S...

In Re: Sealed Case
Date: May 16, 2013
Docket Number: 12-5147
Blue Ridge Env. Defense League, et al v. Nuclear Regulatory Commission, et al  
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 fo...

So. California Edison Co. v. FERC  
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. Late...

United States v. Brinson-Scott  
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 h...

Barnett v. PA Consulting Group, Inc.  
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 dur...

Nat'l Assoc. of Manufacturers, et al v. NLRB, et al  
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...

NetCoalition v. SEC  
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 t...

Quantum Entertainment Ltd. v. Dept. of the Interior  
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...

Flagstaff Medical Center, Inc. v. NLRB  
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 viol...

American Petroleum Institute, et al v. SEC  
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 rela...

AstraZeneca Pharmaceuticals LP v. FDA, et al  
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 Seroque...

Ali Hamza Ahmad al Bahlul v. USA
Date: April 23, 2013
Docket Number: 11-1324
Defenders of Wildlife, et al v. Jackson  
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,...

Mingo Logan Coal Co. v. EPA  
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 th...

Owner-Op Indepen Drivers Assoc v. FMCSA
Date: April 19, 2013
Docket Number: 11-1251
International Brotherhood of Teamsters, et al. v. DOT, et al.  
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...

United States v. Legg  
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...

De Csepel, et al. v. Republic of Hungary, et al.  
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...

DL, et al v. DC, et al  
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...

United States v. Cardoza  
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...

United States v. Fareri  
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 ch...

Lesesne v. Doe, et al  
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), requ...

Indiana Boxcar Corp. v. RRRB  
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 Unemplo...

Ayissi-Etoh v. Fannie Mae, et al  
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 retaliati...

Barnes, et al v. Commissioner, IRS  
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 remai...

Citizens for Resp. and Ethics v. FEC  
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 Commissi...

Gerlich, et al v. DOJ, et al  
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 a...

United States v. Davis  
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...

Manoharan, et al v. Rajapaksa  
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...

United States v. Reynolds  
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 l...

Cytori Therapeutics, Inc. v. FDA  
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...

Beneden v. Al-Sanusi, et al  
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, 1...

Lone Mountain Processing Inc. v. Secretary of Labor, et al  
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...

Hunter v. FERC  
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 C...

American Civil Liberties Union, et al v. CIA  
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 affirm...

United States v. Blackson  
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...

Hill Dermaceuticals, Inc. v. FDA, et al  
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 product...

Grosdidier v. Broadcasting Board of Governors  
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...

MBIA Ins. Corp. v. FDIC  
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...

Amer. Fed. of Govt. Employees v. Shinseki, et al  
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 bargaini...

Kaiser Foundation Hospitals v. Sebelius  
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...

In re: Sealed Case
Date: March 5, 2013
Docket Number: 12-5147
United States v. Lopesierra-Gutierrez  
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 rai...

United States v. Bell  
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 assistan...

In re: Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation  
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...

Muwekma Ohlone Tribe v. Salazar, et al  
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...

American Electric Power Serv. Corp., et al v. FCC, et al  
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 at...

Koretoff, et al v. Vilsack  
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 ch...

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Comm., et al  
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 NR...

New England Power Generators Assoc., Inc. v. FERC  
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 Petitione...

Caudle, et al v. District of Columbia  
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...

United States v. Purvis  
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 self-...

United States v. Epps  
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...

Hearth, Patio & Barbecue Assoc. v. Dept. of Energy  
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 a...

Atherton v. D.C. Office of the Mayor, et al  
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...

Sheptock v. Fenty  
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 s...

Kim, et al v. United States, et al  
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 govern...

United States v. Godoy  
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,...

Dyson v. District of Columbia  
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 1991...

SEC v. American Int'l Group  
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...

DeNaples v. Office of the Comptroller of Currency  
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 pe...

United States v. Duvall  
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 ran...

United States v. Ring  
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. Appell...

Farouki v. Petra Int'l. Banking Corp., et al  
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...

Noel Canning, A Division of the Noel Corp. v. NLRB  
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...

American Petroleum Institute v. EPA  
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 refus...

Honeywell International, Inc. v. EPA  
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 e...

Sierra Club v. EPA  
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 ackn...

TC Ravenswood, LLC v. FERC  
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 intervent...

Americans for Safe Access, et al v. DEA  
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...

EchoStar Satellite, LLC v. FCC, et al  
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 p...

Grocery Manufacturers Assoc. v. EPA
Date: January 15, 2013
Docket Number: 10-1380
William Moore, Jr. v. Michael Hartman
Date: January 15, 2013
Docket Number: 10-5334
American Road & Transportation v. EPA, et al  
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 Ac...

GameFly, Inc. v. PRC  
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 prop...

Schrader, et al v. Holder, Jr., et al  
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 in...

United Steel, et al. v. Pension Benefit Guaranty Corp.  
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 Employe...

Natural Resources Defense Council v. EPA  
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" par...

Hodge v. FBI, et al  
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 investig...

In re: Endangered Species Act Section 4  
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 s...

Bennett, et al v. Donovan  
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 reverse-mortg...

Coalition For Common Sense in Government Procurement v. United States, et al  
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...