2014 D.C. Circuit U.S. Court of Appeals Case Law

United States v. Washington  
Date: December 30, 2014
Docket Number: 11-3097

Justia Opinion Summary: Defendant, convicted of drug possession offenses and firearm offenses, appealed the district court's denial of his pretrial motion to suppress evidence. Defendant argued that the government's search warrant affidavit did...

Araya v. JPMorgan Chase Bank, N.A.  
Date: December 30, 2014
Docket Number: 13-7036

Justia Opinion Summary: Plaintiff filed suit against defendants in state court, challenging the foreclosure proceedings that ultimately resulted in the sale of his property. Defendants removed to federal court and moved for judgment on the plea...

Jerez v. Republic of Cuba  
Date: December 30, 2014
Docket Number: 13-7141

Justia Opinion Summary: Appellant filed suit against the Republic of Cuba and others in Florida state court, alleging that appellees tortured appellant and that appellant continues to suffer the consequences of the torture. Appellant was incarc...

Wannall v. Honeywell, Inc.  
Date: December 30, 2014
Docket Number: 13-7185

Justia Opinion Summary: John Tyler and his wife filed suit seeking damages from various companies that manufacture products containing asbestos that he had been exposed. After Tyler died from a form of lung cancer caused by asbestos, Stephen Wa...

NRDC v. EPA  
Date: December 23, 2014
Docket Number: 12-1321

Justia Opinion Summary: In 2008, EPA revised and strengthened the standards for ozone under the Clean Air Act (CAA), 42 U.S.C. 7401 et seq. At issue are two challenges to EPA's regulations: first, EPA allowed affected regions more time to attai...

Trumpeter Swan Society v. EPA  
Date: December 23, 2014
Docket Number: 13-5228

Justia Opinion Summary: 101 environmental groups filed a petition with EPA asking it to regulate spent lead bullets and shot. The environmental groups invoked section 21 of the Toxic Substance Control Act, 15 U.S.C. 2601(a)(1), which allows any...

Han Kim v. Democratic People's Republic of Korea  
Date: December 23, 2014
Docket Number: 13-7147

Justia Opinion Summary: The family of Reverend Dong Shik Kim filed suit against the North Korean government, by invoking the terrorism exception of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1604, alleging that it abducted him, conf...

Haselwander v. McHugh  
Date: December 19, 2014
Docket Number: 12-5297

Justia Opinion Summary: Haselwander, an Army veteran, served in Vietnam and was honorably discharged in 1974. During his tour of duty Haselwander was wounded and knocked unconscious when an enemy rocket exploded near his sleeping quarters. He w...

Music Choice v. Copyright Royalty Bd.  
Date: December 19, 2014
Docket Number: 13-1174

Justia Opinion Summary: “Musical work” and the owner’s exclusive right to perform the work in public are protected by 17 U.S.C. 106(4). Broadcast of a musical work is a performance and requires a license from the copyright owner. Copyright Act...

Brown v. Sessoms  
Date: December 19, 2014
Docket Number: 13-7027

Justia Opinion Summary: Brown, a black female law professor at the University of the District of Columbia School of Law (DCSL), had worked for DCSL in various capacities for more than 20 years when she applied for tenure and promotion. The Facu...

Robinson v. Wash. Metro. Area Transit Auth.  
Date: December 19, 2014
Docket Number: 13-7077

Justia Opinion Summary: Bus driver Bumpass hit the brakes as he approached a stop sign. Robinson, a standing passenger on the bus, fell backward and broke her leg. Robinson sued WMATA, claiming that Bumpass violated WMATA’s standard operating p...

Bauer v. Mavi Marmara  
Date: December 19, 2014
Docket Number: 13-7081

Justia Opinion Summary: The Neutrality Act, 18 U.S.C. 962, passed in 1794, is generally recognized as the first instance of municipal legislation in support of the obligations of neutrality. The Act makes it unlawful to furnish, fit out, or arm...

CSX Transportation v. STB  
Date: December 16, 2014
Docket Number: 13-1313

Justia Opinion Summary: TPI filed a rate complaint with the STB, alleging that numerous CSX common carrier rates were unreasonable and CSX moved for an expedited procedure with respect to questions related to market dominance. The Board granted...

Hairston v. Vance-Cooks  
Date: December 16, 2014
Docket Number: 13-5038

Justia Opinion Summary: Plaintiff filed suit against his employer, the GPO, alleging unlawful discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The district court granted summary j...

Holland v. Bibeau Construction Co.  
Date: December 16, 2014
Docket Number: 13-7093

Justia Opinion Summary: Bibeau appealed the district court's grant of summary judgment and order directing it, as a related person to a disabled miner's former employer, to pay health insurance premiums, interest, and liquidated damages to the...

Metz v. BAE Sys. Tech.  
Date: December 16, 2014
Docket Number: 13-7154

Justia Opinion Summary: Plaintiff filed suit alleging that BAE had tortiously interfered with his at-will employment arrangement in violation of District of Columbia law. Plaintiff filed a diversity case in federal district court but would like...

Russell v. Harman Int'l Indus.  
Date: December 12, 2014
Docket Number: 13-7095

Justia Opinion Summary: Plaintiff filed a class action suit against his former employer, Harman, under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., alleging that Harman breached its fiduciary duties by making fal...

Assoc. Builders and Contractors v. Shiu  
Date: December 12, 2014
Docket Number: 14-5076

Justia Opinion Summary: Plaintiff, a trade group representing federal contractors, filed suit challenging the Department's revision of regulations requiring contractors to extend an invitation to job applicants to advise the contractor whether...

Louisiana Public Service Comm'n v. FERC  
Date: December 5, 2014
Docket Number: 13-1155

Justia Opinion Summary: LaPSC sought review of FERC's order denying refunds to certain Louisiana-based utility companies for payments they made pursuant to a cost classification later found to be unjust and unreasonable. In denying LaPSC's refu...

Midland Power Cooperative v. FERC  
Date: December 2, 2014
Docket Number: 13-1184

Justia Opinion Summary: Petitioners sought review of an order issued by FERC directing Midland, an Iowa electric utility, to reconnect to a wind generator within its territory. Because FERC never purported to adopt a general rule on disconnecti...

United States v. Williams  
Date: December 2, 2014
Docket Number: 13-3034

Justia Opinion Summary: Defendant appealed his conviction for four counts related to his role in a conspiracy to distribute narcotics. The court concluded that the district court did not err in denying defendant's motion to suppress evidence of...

Amador County, CA v. Dept. of the Interior  
Date: December 2, 2014
Docket Number: 13-5245

Justia Opinion Summary: The County filed suit against the Department, challenging the Secretary's approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians and the State of California. The Tribe sought to intervene after...

United States ex rel. John Doe v. Staples, Inc.  
Date: December 2, 2014
Docket Number: 13-7071

Justia Opinion Summary: Relator filed suit against defendants under the False Claims Act (FCA), 31 U.S.C. 3729, alleging that defendants imported pencils that they knew were made in China, avoided paying substantial antidumping duties imposed o...

Siris v. SEC  
Date: December 2, 2014
Docket Number: 14-1018

Justia Opinion Summary: After petitioner settled a suit in which the Commission filed a civil complaint against him for committing various securities law violations, petitioner agreed in a consent judgment that he would not contest the allegati...

Nyambal v. International Monetary Fund  
Date: November 25, 2014
Docket Number: 13-7115

Justia Opinion Summary: Plaintiff filed suit against the Fund, asserting claims for assault, false imprisonment, and intentional infliction of emotional distress. The Fund's motion to dismiss was converted into a discovery dispute when the dist...

Natl Assoc. of Manufacturers v. SEC
Date: November 18, 2014
Docket Number: 13-5252
Public Investors Arbitration v. SEC  
Date: November 14, 2014
Docket Number: 13-5137

Justia Opinion Summary: PIABA filed a Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request seeking records related to the SEC's audits, inspections, and reviews of FINRA's arbitration program. The Commission argued that Exemption 8...

Gross v. United States  
Date: November 14, 2014
Docket Number: 13-5168

Justia Opinion Summary: USAID entered a contract with a private consulting firm, DAI, to provide humanitarian support to groups within Cuba pursuant to the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. 6021 et seq. D...

Priests For Life v. HHS  
Date: November 14, 2014
Docket Numbers: 13-5368, 13-5371, 14-5021

Justia Opinion Summary: At issue in these consolidated cases is whether a regulatory accommodation for religious nonprofit organizations that permit them to opt out of the contraceptive coverage requirement under the Patient Protection and Affo...

Mathew Enterprise, Inc. v. NLRB  
Date: November 7, 2014
Docket Number: 11-1310

Justia Opinion Summary: Mathew filed suit challenging the Board's order in this case, raising a Recess Appointments Clause challenge. A panel of three Board members decided Mathew's case and Mathew argues that one of those three members, Craig...

State of Alaska v. Department of Agriculture  
Date: November 7, 2014
Docket Number: 13-5147

Justia Opinion Summary: Alaska filed suit challenging the Forest Service's Roadless Rule in 2011. In 2001, the Forest Service adopted the Rule, which prohibited road construction, road reconstruction, and timber harvesting on millions of acres...

United States v. Haipe  
Date: October 31, 2014
Docket Number: 11-3003

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to four counts of hostage-taking where he kidnapped 16 civilians in the Philippines. The court rejected defendant's claim that the district court should have applied...

Verizon v. FCC  
Date: October 31, 2014
Docket Number: 13-1220

Justia Opinion Summary: This case concerns Congress's requirement that the FCC establish rules prescribing a Uniform System of Accounts for use by telephone companies. The Commission adopted a new accounting system in 1986 (Part 32) to respond...

Security Point Holdings, Inc. v. TSA  
Date: October 28, 2014
Docket Number: 13-1068

Justia Opinion Summary: In 2011, SecurityPoint filed suit against TSA for infringement of a patent covering some equipment and methods used in the Bin Advertising Program. In 2012, TSA modified the Program, amending the Memorandum of Understand...

Nat'l Oilseed Processors Assoc. v. OSHA  
Date: October 24, 2014
Docket Number: 12-1228

Justia Opinion Summary: Petitioners seek vacatur of OSHA's Final Rule revising its Hazard Communication Standard requiring employers across industries to develop a program for classifying the dangers of workplace chemicals and conveying those d...

United States v. Hite  
Date: October 21, 2014
Docket Number: 13-3066

Justia Opinion Summary: Defendant appealed his conviction for attempting to persuade a minor to engage in unlawful sexual activity in violation of 18 U.S.C. 2422(b). At issue was whether section 2422(b) requires direct communications with a min...

Fogo de Chao (Holdings) Inc. v. Dept. of Homeland Security  
Date: October 21, 2014
Docket Number: 13-5301

Justia Opinion Summary: This case stemmed from Fogo de Chao's efforts to bring authentic Brazilian churrasqueiro chefs into its restaurants in the United States by using L-1B visas. L-1B visas permit multinational businesses to temporarily tran...

In re Charges of Judicial Misconduct
Date: October 15, 2014
Docket Number: DC-13-90021
Shieldalloy Metallurgical Corp. v. NRC  
Date: October 14, 2014
Docket Number: 13-1259

Justia Opinion Summary: Shieldalloy, manufacturer of metal alloys in New Jersey, petitioned for review of the NRC's order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act, 42 U.S.C. 2021. T...

Smith Lake Improvement v. FERC  
Date: September 26, 2014
Docket Number: 13-1074

Justia Opinion Summary: Smith Lake filed suit against FERC and others, alleging claims related to the Commission's issuance of a license order. Alabama Power intervened and moved to dismiss the petition for review based on lack of jurisdiction....

Ivy Sports Medicine, LLC v. Sebelius, et al.  
Date: September 26, 2014
Docket Number: 13-5139

Justia Opinion Summary: In 2008, ReGen Biologics, manufacturer of the Collagen Scaffold, obtained FDA approval to market the device. After allegations that improper political pressure tainted the clearance process, the FDA conducted an internal...

Daniel, et al. v. Fulwood, Jr., et al.  
Date: September 12, 2014
Docket Number: 12-5327

Justia Opinion Summary: Plaintiffs, prisoners who violated D.C. criminal laws before March 3, 1985, filed suit contending that the Parole Commission contravened the Ex Post Facto Clause by retroactively applying parole guidelines that it issued...

Singletary v. District of Columbia  
Date: September 12, 2014
Docket Number: 12-7077

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that the District bore responsibility for the Board's unconstitutional parole revocation decision after the Board determined that plaintiff's parole was based primarily...

Freedom Watch, Inc. v. OPEC  
Date: September 12, 2014
Docket Number: 13-7019

Justia Opinion Summary: Freedom Watch filed suit against OPEC, alleging that OPEC violated federal anti-trust law by fixing the price of gasoline. The district court dismissed based on insufficiency of service of process. The court agreed with...

United Government Security, et al. v. United States Marshals, et al.  
Date: September 5, 2014
Docket Number: 12-5306

Justia Opinion Summary: Plaintiffs, former officers who had been medically disqualified from serving as federal court security officers, filed suit against the Marshals Service alleging that the procedures culminating in their dismissals failed...

In re: APA Assessment Fee Litigation  
Date: September 5, 2014
Docket Number: 13-7032

Justia Opinion Summary: Plaintiffs, APA members, filed a class action suit seeking recovery of all special assessment fees paid after they learned that there was no requirement to pay the special assessment to maintain APA membership. Plaintiff...

Jacqueline Halbig v. Sylvia Mathews Burwell
Date: September 4, 2014
Docket Number: 14-5018
Menominee Indian Tribe v. United States  
Date: September 2, 2014
Docket Number: 12-5217

Justia Opinion Summary: The Tribe filed claims in 2005 against the Department for unpaid contract support costs that accrued from 1996 through 1998. At issue was whether the Tribe may sue under the doctrine of equitable tolling even though the...

Howard v. Caufield, et al.  
Date: September 2, 2014
Docket Number: 12-5290

Justia Opinion Summary: Ronnie Leroy Howard appealed the denial of his petition for a writ of habeas corpus, seeking immediate release from parole contending that the procedural irregularities relating to parole revocations in 1985 and 2004 war...

Wesby, et al. v. DC, et al.  
Date: September 2, 2014
Docket Number: 12-7127

Justia Opinion Summary: The District and two police officers appealed the district court's liability determinations resulting from the grant of partial summary judgment against them. The district court granted partial summary judgment in plaint...

Sorenson Communications, Inc., et al. v. FCC, et al.  
Date: September 2, 2014
Docket Number: 13-1215

Justia Opinion Summary: Sorenson, a leading provider of video relay service (VRS), petitioned for review of the FCC's 2013 Rate Order as arbitrary and capricious, in violation of the Administrative Procedure Act, 5 U.S.C. 706(2)(a). The court f...

Blue v. DC Public Schools, et al.  
Date: August 29, 2014
Docket Number: 12-7122

Justia Opinion Summary: Plaintiff filed suit against her 57-year-old teacher at a public high school for emotionally disturbed teens after they were involved in a sexual relationship that resulted in plaintiff being pregnant with his child. Pla...

Folliard v. Government Acquisitions, Inc., et al.  
Date: August 29, 2014
Docket Number: 13-7049

Justia Opinion Summary: Relator filed suit under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that the HP products Govplace sold to the federal government originated from non-designated countries, in violation of the Trade Agreemen...

Odhiambo v. Republic of Kenya, et al.  
Date: August 29, 2014
Docket Number: 13-7100

Justia Opinion Summary: Plaintiff filed suit against Kenya in district court for breach of contract based on Kenya's underpayment of rewards owed to him. The court affirmed the district court's conclusion that the Foreign Sovereign Immunities A...

West Deptford Energy, LLC v. FERC  
Date: August 26, 2014
Docket Number: 12-1340

Justia Opinion Summary: The Federal Power Act, 16 U.S.C. 824d(c), requires regulated utilities to file with the Commission, as a matter of open and accessible public record, any rates and charges they intend to impose for sales of electrical en...

Sierra Club, et al. v. Jewell, et al.  
Date: August 26, 2014
Docket Number: 12-5383

Justia Opinion Summary: This case stemmed from efforts by various environmental and historical preservation organizations to obtain the Blair Mountain Battlefield's listing in the National Register of Historic Places. After the Battlefield was...

United States v. Philip Morris USA Inc.  
Date: August 26, 2014
Docket Number: 13-7105

Justia Opinion Summary: Appellant, the President and CEO of a tobacco company called Medallion, filed a qui tam action against Philip Morris, alleging that Philip Morris violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, for failing to p...

United States v. Arrington  
Date: August 22, 2014
Docket Number: 12-3073

Justia Opinion Summary: Defendant challenged his sentence and consecutive terms of supervised release under Federal Rule of Civil Procedure 60(b) and Federal Rule of Criminal Procedure 36. The district court denied both motions. The court concl...

Southwestern Power Admin., et al. v. FERC  
Date: August 22, 2014
Docket Number: 13-1033

Justia Opinion Summary: The Corporation, asserting its power under section 215(e) of the Federal Power Act, 16U.S.C. 824o, assessed a monetary fine against Southwestern, a federal government entity that markets hydroelectric power. The Commissi...

South Carolina Public Service v. FERC  
Date: August 15, 2014
Docket Number: 12-1232

Justia Opinion Summary: This case involves challenges to the most recent forms of electric transmission planning and cost allocation adopted by the Commission under the Federal Power Act, 16 U.S.C. 791 et seq. In Order No. 1000, as reaffirmed a...

Minisink Residents for Enviro., et al. v. FERC  
Date: August 15, 2014
Docket Number: 12-1481

Justia Opinion Summary: Petitioners challenged the Commission's approval of a proposal for the construction of a natural gas compressor station in the Town of Minisink, New York. Petitioners argued, among other things, that the Commission's app...

Solomon v. Vilsack  
Date: August 15, 2014
Docket Number: 12-5123

Justia Opinion Summary: Plaintiff filed suit against her employer, the Department of Agriculture, after it denied her request for a flexible work schedule based on her depression. Plaintiff sought substantial flexibility in her working hours ("...

Otis Elevator Co. v. Secretary of Labor, et al.  
Date: August 15, 2014
Docket Number: 13-1194

Justia Opinion Summary: Otis Elevator petitioned for review of the Commission's upholding of an OSHA citation for violating safety standards involved in the control of hazardous energy. A service mechanic employed by Otis Elevator injured his h...

United States v. Verrusio  
Date: August 12, 2014
Docket Number: 11-3080

Justia Opinion Summary: Defendant, the former policy director of the House Transportation Committee, appealed his convictions on three counts relating to his receipt of illegal gratuities from Jack Abramoff's lobbying group. The court concluded...

Ward v. McDonald  
Date: August 12, 2014
Docket Number: 12-5374

Justia Opinion Summary: Plaintiff, employed as an attorney advisor for the BVA, filed suit against the Secretary of the VA, claiming that the BVA had violated her rights under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., by failing to...

United States v. Baxter, II  
Date: August 8, 2014
Docket Number: 12-3074

Justia Opinion Summary: Defendant, convicted of multiple counts of defrauding the Washington Teachers Union, appealed the denial of his motion to vacate his convictions under 28 U.S.C. 2255. The court concluded that defendant has not stated a B...

Schnitzler v. United States, et al.  
Date: August 8, 2014
Docket Number: 12-5200

Justia Opinion Summary: Plaintiff filed suit against the United States, contending that he wants to renounce his United States citizenship. The district court dismissed the complaint for lack of jurisdiction. The court concluded, however, that...

Pinson, et al. v. Lappin, et al.  
Date: August 5, 2014
Docket Number: 10-5059

Justia Opinion Summary: Petitioner challenged the conditions of his confinement at the Federal Correctional Institution in Talladega, Alabama. The district court concluded that venue in the District of Columbia was improper and ordered the acti...

Stop This Insanity, Inc., et al. v. Federal Election Commission  
Date: August 5, 2014
Docket Number: 13-5008

Justia Opinion Summary: The Federal Election Campaign Act, 2 U.S.C. 441b, sets forth ground rules for the participation of corporations in the electoral process. The Act permits limited corporate participation through separate segregated funds,...

Dianna Johnson v. Government of the DC
Date: August 1, 2014
Docket Number: 11-5115
Mulrain v. Castro  
Date: August 1, 2014
Docket Number: 12-5345

Justia Opinion Summary: Plaintiff appealed the district court's order of summary judgment rejecting her claim of workplace racial discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that p...

Hatim, et al. v. Obama, et al.  
Date: August 1, 2014
Docket Number: 13-5218

Justia Opinion Summary: Plaintiffs, Guantanamo detainees, filed suit challenging two new policies that they claimed place an undue burden on their ability to meet with their lawyers. The first challenged policy concerns where the detainees may...

Campbell v. AIG, et al.  
Date: August 1, 2014
Docket Number: 13-7041

Justia Opinion Summary: Plaintiff filed a securities class action contending that AIG and its board of directors wrongfully reduced the value of certain securities issued by AIG. The court affirmed the district court's dismissal of the suit for...

In re: Jeh Johnson  
Date: August 1, 2014
Docket Number: 13-8002

Justia Opinion Summary: Eight African-American Secret Service agents were certified by the district court to sue the Secretary on behalf of a class comprising of all similarly situated agents who were denied promotions to the GS-14 and GS-15 le...

Payne v. Stansberry  
Date: July 29, 2014
Docket Number: 11-5300

Justia Opinion Summary: Petitioner appealed the dismissal of his petition for writ of habeas corpus, arguing that he was denied his right to the effective assistance of counsel when his appellate counsel failed to seek plain error review of the...

Sissel v. HHS, et al.  
Date: July 29, 2014
Docket Number: 13-5202

Justia Opinion Summary: Section 5000A of the Patient Protection and Affordable Care Act, 26 U.S.C. 5000A, mandates that as of January 2014, non-exempt individuals maintain minimum health care coverage or, with limited exceptions, pay a penalty....

American Meat Institute v. AGRI
Date: July 29, 2014
Docket Number: 13-5281
United States v. Gewin  
Date: July 25, 2014
Docket Number: 12-3097

Justia Opinion Summary: Defendant was convicted of various fraud charges, sentenced to nine years in prison, and ordered to pay restitution. Two years later, the sentencing court held a hearing because defendant paid only a negligible amount to...

Havens v. Mabus, Jr.  
Date: July 25, 2014
Docket Number: 12-5339

Justia Opinion Summary: Appellant, a retired officer of the Navy Reserve, seeks to correct his military record to reflect that he was retired by reason of physical disability. When appellant was discharged from the Selected Reserve and transfer...

Independent Producers Group, et al. v. Library of Congress, et al.  
Date: July 25, 2014
Docket Number: 13-1132

Justia Opinion Summary: IPG challenged the distribution of royalties from a royalty fund managed by the Copyright Office of the Library of Congress, which provides payments to copyright holders when they are statutorily obligated to license the...

In re: Williams  
Date: July 22, 2014
Docket Number: 12-3037

Justia Opinion Summary: Petitioner filed two 28 U.S.C. 2255(h) motions with the court seeking certification to file successive motions in the district court to vacate, set aside, or correct his sentence. The court concluded that petitioner has...

United States v. Henry  
Date: July 22, 2014
Docket Number: 12-3111

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to two sex offenses. On appeal, defendant mainly asserted that the government breached the plea agreement by failing to tell the Departure Committee the complete "nat...

Halbig v. Burwell  
Date: July 22, 2014
Docket Number: 14-5018

Justia Opinion Summary: Appellants challenged the IRS's interpretation of 26 U.S.C. 36B, enacted as part of the Patient Protection and Affordable Care Act, under the Administrative Procedure Act (APA), 5 U.S.C. 706(2)(A). The district court hel...

FirstEnergy Service Co. v. FERC  
Date: July 18, 2014
Docket Number: 12-1461

Justia Opinion Summary: FirstEnergy, acting on behalf of its affiliates (ATSI), filed a complaint with FERC contending that the imposition of costs from transferring from one Regional Transmission Organization (RTO) to another on ATSI was unjus...

Village of Barrington, IL v. STB, et al.  
Date: July 18, 2014
Docket Number: 12-1485

Justia Opinion Summary: The Village petitioned for review of the Board's denial of its request to reopen a 2008 proceeding in which the Board approved a railroad's acquisition of a Chicago-area railway company. The Village sought to reopen the...

United States v. Volvo Powertrain Corp.  
Date: July 18, 2014
Docket Number: 12-5234

Justia Opinion Summary: In 1998, the United States brought enforcement actions in district court against seven major engine manufacturers, alleging that they had been using "defeat devices" to meet EPA standards for emissions of oxides of nitro...

SEC v. Securities Investor Protection Corp.  
Date: July 18, 2014
Docket Number: 12-5286

Justia Opinion Summary: The SEC sought a court order compelling SIPC to liquidate a member broker-dealer, SGC. SGC played an integral role in a multibillion-dollar financial fraud carried out through a web of companies. At issue was whether SIP...

Klay, et al. v. Panetta, et al.  
Date: July 18, 2014
Docket Number: 13-5081

Justia Opinion Summary: Plaintiffs, current and former members of the Navy and Marine Corps, filed suit against senior officials in the military and the Department of Defense, alleging that they were raped, sexually assaulted, or sexually haras...

Interstate Fire & Casualty Co v. Washington Hospital Center Corp., et al.  
Date: July 18, 2014
Docket Number: 13-7024

Justia Opinion Summary: Interstate Fire filed suit against Greenspring and others, alleging that defendants owed a duty under a Greenspring general liability policy to provide primary insurance coverage for a nurse hired by a staffing agency an...

Armenian Assembly of America, et al. v. Cafesjian, et al.  
Date: July 15, 2014
Docket Number: 11-7048

Justia Opinion Summary: This case involved efforts to create an Armenian Genocide Museum. Gerard Cafesjian, one of the project's principal founders and benefactors, and CFF first filed suit against the Assembly, alleging that the Assembly faile...

Mpoy v. Rhee, et al.  
Date: July 15, 2014
Docket Number: 12-7129

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that he was terminated from his position as a special education teacher because of an email he sent to the chancellor, which contained one sentence that constituted speec...

Ralls Corp. v. Committee on Foreign Investments, et al.  
Date: July 15, 2014
Docket Number: 13-5315

Justia Opinion Summary: Ralls, an American corporation whose owners are Chinese nationals, purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. CFIUS determined...

Ali Hamza Ahmad al Bahlul v. USA
Date: July 14, 2014
Docket Number: 11-1324
United States v. Garcia  
Date: July 11, 2014
Docket Number: 12-3009

Justia Opinion Summary: Defendant appealed his conviction and sentence for conspiring to import cocaine into the United States. Defendant was part of the regional leadership of the Fuerzas Armadas Revolucionarias de Colombia (FARC), a left-wing...

National Mining Assoc., et al. v. Jackson, et al.  
Date: July 11, 2014
Docket Number: 12-5310

Justia Opinion Summary: The States of West Virginia and Kentucky, along with coal mining companies and trade associations, challenged EPA and Corps' Enhanced Coordination Process memorandum, which applied to National Pollutant Discharge Elimina...

Spectrum Five LLC v. FCC  
Date: July 11, 2014
Docket Number: 13-1231

Justia Opinion Summary: This petition involves Bermuda's efforts to secure rights from the International Telecommunication Union (ITU) to operate a satellite at the 96.2 degree W.L. orbital location. Bermuda partnered with EchoStar to deploy an...

Commissions Import Export S.A. v. Republic of the Congo, et al.  
Date: July 11, 2014
Docket Number: 13-7004

Justia Opinion Summary: After the Company prevailed in a 2000 arbitration in France against the Congo, the Company sought to collect the arbitral award with little success. The Company obtained a judgment in 2009 from a court in England enforci...

New England Power Gen. Assoc. v. FERC  
Date: July 8, 2014
Docket Number: 12-1060

Justia Opinion Summary: Petitioners sought review of FERC's orders affecting the administration of the Independent System Operator-New England (ISO-NE) and specifically directed to curtailment of the exercise of market power in the New England...

Mittleman v. Postal Regulatory Commission  
Date: July 8, 2014
Docket Number: 12-1095

Justia Opinion Summary: Petitioners unsuccessfully opposed the closures of three post offices by the Postal Service, unsuccessfully appealed the Postal Service's determinations to the Commission, and now seek to review the Commission's decision...

CTS Corp. v. EPA, et al.  
Date: July 8, 2014
Docket Number: 12-1256

Justia Opinion Summary: CTS petitioned for review of the EPA's decision to add to the National Priorities List, which identifies those hazardous-waste sites considered to be the foremost candidates for environmental cleanup, a site centered aro...

Select Specialty Hospital - Bloomington, Inc., et al. v. Burwell  
Date: July 8, 2014
Docket Number: 12-5355

Justia Opinion Summary: Appellants, a group of long-term care hospitals, challenged the Secretary's determination that, because the organizations operate out of buildings previously owned by hospital entities, they are not "new hospitals." The...

NO Gas Pipeline v. FERC  
Date: July 1, 2014
Docket Number: 12-1470

Justia Opinion Summary: The city of Jersey City and a coalition of environmental groups filed separate petitions challenging FERC's order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline...

United States v. Ransom, Jr.  
Date: July 1, 2014
Docket Number: 12-3049

Justia Opinion Summary: Defendants Ransom and Talbott appealed their sentences after pleading guilty to fraud charges in connection with the operation of their property management company. The court need not decide whether Ransom's appeal waive...

Williams, et al. v. Romarm, SA, et al.  
Date: July 1, 2014
Docket Number: 13-7022

Justia Opinion Summary: Appellants filed a wrongful death action against Romarm, a foreign corporation and firearms manufacturer owned by the Romanian government and located in Bucharest. The district court granted Romarm's motion to dismiss ba...

Sierra Club, et al. v. EPA  
Date: June 27, 2014
Docket Numbers: 08-1144, 08-1145, 12-1295

Justia Opinion Summary: Petitioners sought review of the EPA's rule exempting from regulation under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., certain hazardous residuals left over from the petroleum refining pro...

Amobi, et al. v. D.C. Dept. of Corrections, et al.  
Date: June 27, 2014
Docket Number: 12-7090

Justia Opinion Summary: Plaintiff and his wife filed suit against the District, the DOC, and several jail officials, seeking relief under federal law and D.C. common law for conspiracy, false arrest, malicious prosecution, defamation, intention...

Edwards, et al. v. DC  
Date: June 27, 2014
Docket Number: 13-7063

Justia Opinion Summary: Appellants filed suit challenging the District's tour-guide licensing scheme as an unconstitutional, content-based restriction of their First Amendment rights. The court concluded that it need not determine whether stric...

In re: Kellogg Brown & Root, Inc., et al.  
Date: June 27, 2014
Docket Number: 14-5055

Justia Opinion Summary: The district court denied attorney-client privilege protection regarding confidential employee communications made during KBR's internal investigation led by company lawyers. The court concluded that the district court's...

NRDC and Sierra Club v. EPA, et al.  
Date: June 27, 2014
Docket Number: 98-1379

Justia Opinion Summary: Petitioners sought review of a portion of a 1998 EPA rule creating a "Comparable Fuels Exclusion" from regulation under section 3004(q) of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6924(q). The...

Sheble, III v. Huerta, et al.  
Date: June 24, 2014
Docket Number: 13-1136

Justia Opinion Summary: Petitioner challenged the FAA's revocation of his Designated Pilot Examiner appointment based on deficiencies in his performance. Petitioner argued that the FAA failed to follow its own procedures and that one of his FAA...

Stephens, et al. v. US Airways Group, Inc., et al.  
Date: June 24, 2014
Docket Number: 13-5129

Justia Opinion Summary: Plaintiffs, a group of retired U.S. Airways pilots, filed a class action seeking interest for the period of delay in the payment of their retirement benefits. The district court refused to certify the class. The court re...

Kuretski, et al. v. Commissioner of IRS  
Date: June 20, 2014
Docket Number: 13-1090

Justia Opinion Summary: After taxpayers failed to pay federal income taxes for the 2007 tax year, the IRS assessed the unpaid amount plus penalties and interest, and then attempted to collect them from taxpayers by means of a levy on the couple...

Sorenson Communications Inc., et al. v. FCC, et al.  
Date: June 20, 2014
Docket Number: 13-1122

Justia Opinion Summary: Sorenson is a purveyor of telephones for the hearing-impaired that have words scrolling on a screen during a call. Sorenson's technology uses the Internet to transmit and receive both the call itself and the derived capt...

CSX Transp., Inc., et al. v. STB, et al.  
Date: June 20, 2014
Docket Number: 13-1230

Justia Opinion Summary: CSX challenged the Board's issuance of a decision modifying its procedures for rate reasonableness cases. The court rejected CSX's argument that the Board violated its statutory mandate when it made simplified procedures...

Natl' Treasury Employees Union v. FLRA  
Date: June 17, 2014
Docket Number: 12-1199

Justia Opinion Summary: The Union petitioned for review of the FLRA's decision finding, inter alia, that the IRS did not commit an unfair labor practice when Union representatives were excluded from "suitability" interviews of "covered" IRS per...

Alliance for Safe, Efficient and Competitive Truck Transp., et al. v. FMCSA, et al.  
Date: June 17, 2014
Docket Number: 12-1305

Justia Opinion Summary: Petitioner sought review of PowerPoint presentations that the FMCSA posted on its website on May 16, 2012. Petitioners claimed that the presentations represented an "astonishing" change in agency policy, which the agency...

All Party Parliamentry Group, et al. v. Dept. of Defense, et al.  
Date: June 17, 2014
Docket Number: 13-5176

Justia Opinion Summary: A member of the British House of Commons, an informal British parliamentary caucus, and an American lawyer representing both all filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request seeking various records fr...

3D Global Solutions, Inc. v. MVM, Inc.  
Date: June 17, 2014
Docket Number: 13-7015

Justia Opinion Summary: This appeal arose out of a contract dispute between 3D and MVM. On appeal, 3D argued that the district court had discretion to award prejudgment interest under Virginia law. As an initial matter, the court accepted, with...

United States v. Fahnbulleh  
Date: June 13, 2014
Docket Number: 11-3045

Justia Opinion Summary: Defendants Bondo and Fahnbulleh appealed their convictions and sentences on several counts of fraud in connection with their work on a humanitarian aid program in Africa funded by an agency of the United States governmen...

Sierra Club, et al. v. EPA, et al.  
Date: June 13, 2014
Docket Number: 13-1014

Justia Opinion Summary: Petitioners challenged the EPA's issuance of a memorandum entitled, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State...

Illinois Public Telecommunications v. FCC, et al.  
Date: June 13, 2014
Docket Number: 13-1059

Justia Opinion Summary: Congress prohibited Bell Operating Companies from subsidizing their own payphones or charging discriminatory rates to competitor payphone providers. At issue were the remedies available for violations of that prohibition...

Amerijet Int'l, Inc. v. Pistole  
Date: June 13, 2014
Docket Number: 13-1176

Justia Opinion Summary: These consolidated petitions concerned proposed alternatives to security procedures mandated by the TSA. Amerijet requested alternative cargo screening procedures at various foreign airports it services and the TSA large...

Mendoza, et al. v. Harris, et al.  
Date: June 13, 2014
Docket Number: 13-5118

Justia Opinion Summary: In August 2011, the Department updated the special procedures that establish the minimum wages and working conditions employers must offer U.S. sheepherders, goatherders, and open-range (cattle) herders before hiring for...

Klayman v. Zuckerberg, et al.  
Date: June 13, 2014
Docket Number: 13-7017

Justia Opinion Summary: Plaintiff filed suit against Facebook and its founder, alleging that their delay in removing a page entitled "Third Palestinian Intifada," and related pages, which called for Muslims to rise up and kill the Jewish people...

Bd. of Cty. Comm'rs v. FHFA, et al.  
Date: June 13, 2014
Docket Number: 13-7114

Justia Opinion Summary: The Board of County Commissioners of Kay County appealed the district court's dismissal of its complaint seeking a declaratory judgment that Fannie Mae and Freddie Mac, along with the FHFA as their conservator, violated...

United States v. Olejiya  
Date: June 10, 2014
Docket Number: 12-3082

Justia Opinion Summary: Defendants Olejiya and Akinadewo appealed their sentences after pleading guilty to one count of conspiracy to commit bank fraud based on their participation in a scheme that involved opening fraudulent bank accounts. The...

Allaithi v.Rumsfeld, et al.  
Date: June 10, 2014
Docket Number: 13-5096

Justia Opinion Summary: This appeal arose from events surrounding six individuals formerly detained at Guantanamo Bay. At issue was whether the detainees cleared by a military tribunal but nevertheless subjected to continued detention and alleg...

United States, et al. v. Bank of America Corp., et al.  
Date: June 10, 2014
Docket Number: 13-5112

Justia Opinion Summary: The United States and others filed suit against several mortgage servicers, including Wells Fargo, alleging claims under the False Claims Act, 31 U.S.C. 3729 et seq., and the Financial Institutions Reform, Recovery, and...

Prime Time Int'l Co. v. AGRI, et al.  
Date: June 10, 2014
Docket Number: 13-5200

Justia Opinion Summary: Prime Time filed suit contending that USDA's method of calculating assessments for cigars violated the Fair and Equitable Tobacco Reform Act (FETRA), 7 U.S.C. 518d. Applying Chevron deference, the court concluded that US...

Delaware Riverkeeper Network, et al. v. FERC  
Date: June 6, 2014
Docket Number: 13-1015

Justia Opinion Summary: FERC issued a certificate of public convenience and necessity to Tennessee Gas, authorizing it to build and operate the Northeast Project. Riverkeeper sought review of FERC's approval of the Northeast Project under the N...

United States v. Matthews  
Date: June 6, 2014
Docket Number: 13-3047

Justia Opinion Summary: Defendant, convicted of unlawful possession with intent to distribute fifty grams or more of methamphetamine, appealed from the district court's judgment sentencing him to a period of incarceration, followed by supervise...

McKesson Corp., et al. v. Islam Republic of Iran, et al.  
Date: June 3, 2014
Docket Number: 01-7041

Justia Opinion Summary: McKesson first filed suit in 1982 after the Iranian government expropriated the interest held by McKesson in an Iranian dairy company. At issue now is the $13.4 million in attorney's fees the district court awarded McKes...

US DHS Customs and Border v. FLRA  
Date: June 3, 2014
Docket Number: 12-1457

Justia Opinion Summary: DHS filed a petition for review challenging a decision by the FLRA in a dispute arising with the FLRA on a negotiability appeal filed by the Union under the Federal Service Labor-Management Relations Statute (FSLMRS), 5...

Wilson v. Cox, et al.  
Date: June 3, 2014
Docket Number: 12-5070

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that the termination of his employment violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq. The district court granted summary judgment in favo...

Nat'l Env. Dev. Assoc. v. EPA  
Date: May 30, 2014
Docket Number: 13-1035

Justia Opinion Summary: Petitioners sought review of the EPA's Summit Directive, which states that "EPA may no longer consider interrelatedness in determining adjacency when making source determination decisions in its title V or NSR permitting...

Arias, et al. v. Dyncorp, et al.  
Date: May 30, 2014
Docket Number: 13-7044

Justia Opinion Summary: Plaintiffs filed a putative class action alleging that aerial herbicide spraying of illegal coca crops had drifted across the border from Colombia and that planes themselves had actually crossed the border and sprayed in...

Center for Biological Diversity, et al. v. EPA, et al.  
Date: May 27, 2014
Docket Number: 12-1238

Justia Opinion Summary: This appeal concerned the EPA's decision in 2012 that it needed further studies before it could set a new, joint, "secondary" national ambient air quality standard for oxides of nitrogen and oxides of sulphur, and other...

McCormick, Jr. v. D.C., et al.  
Date: May 27, 2014
Docket Number: 12-7115

Justia Opinion Summary: After plaintiff was discharged by the Department of Corrections, he filed suit against the District and two officials, alleging violations of his rights under the District's whistleblower statute, D.C. Code 1-615.53, and...

AF Holdings, LLC v. Does 1-1058  
Date: May 27, 2014
Docket Number: 12-7135

Justia Opinion Summary: AF Holdings, represented by Prenda Law, filed suit in district court against 1,058 unnamed John Does who it alleged had illegally downloaded and shared the pornographic film "Popular Demand" using a file-sharing service...

Electric Power Supply Assoc. v. FERC  
Date: May 23, 2014
Docket Number: 11-1486

Justia Opinion Summary: Petitioners sought review of FERC's final rule governing what FERC calls "demand response resources in the wholesale energy market." The rule sought to incentivize retail customers to reduce electricity consumption when...

BNSF Railway Co. v. STB, et al.  
Date: May 23, 2014
Docket Number: 12-1042

Justia Opinion Summary: In this case, the Board addressed a rate dispute between a shipper and two railroads. The railroads contended that the Board's decision was too favorable to the shipper and the shipper contended that the Board's decision...

United States v. Wheeler  
Date: May 23, 2014
Docket Number: 12-3094

Justia Opinion Summary: Defendant appealed her conviction and sentence for offenses related to her fraudulent collection of millions of dollars from Medicaid for procedures that were never performed. The court rejected defendant's evidentiary c...

Cause of Action v. NARA  
Date: May 23, 2014
Docket Number: 13-5127

Justia Opinion Summary: Cause of Action submitted a Freedom of Information Act (FOIA), 5 U.S.C. 552, request to Archives seeking certain Commission records. Archives denied the request, maintaining that because the Commission was established in...

National Security Archive v. CIA  
Date: May 20, 2014
Docket Number: 12-5201

Justia Opinion Summary: National filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., seeking the CIA's draft of Volume V concerning the Bay of Pigs invasion in the spring of 1961. The CIA claims that the draft of Volum...

Wu, et al. v. Stomber, et al.  
Date: May 20, 2014
Docket Number: 12-7088

Justia Opinion Summary: Plaintiffs, former Carlyle Capital investors, filed suit alleging that Carlyle Capital made material misstatements and omissions in its June 2007 sale of securities and thereby violated the federal securities laws. Plain...

USA v. Jaron Brice
Date: May 16, 2014
Docket Number: 09-3071
Broadcasting Board of Governors of Cuba v. FLRA  
Date: May 16, 2014
Docket Number: 12-1463

Justia Opinion Summary: Petitioners, Broadcasting Board of Governors, sought review of the Board's decision to uphold an arbitrator's finding that the petitioner violated both a collective bargaining agreement (CBA) and federal labor laws when...

Bain, et al. v. MJJ Productions, Inc., et al.  
Date: May 13, 2014
Docket Number: 12-7061

Justia Opinion Summary: Raymone Bain and her firm filed suit against Michael Jackson and his production company, MJJ Productions, Inc., claiming to be owed substantial sums for various services rendered. Defendants moved to dismiss, relying pri...

WildEarth Guardians v. EPA, et al.  
Date: May 13, 2014
Docket Number: 13-1212

Justia Opinion Summary: Guardians and other environmental groups petitioned the EPA to add coal mines to the regulated list of statutory source categories under the Clean Air Act, 42 U.S.C. 7411(b)(1)(A). EPA denied the petition, explaining tha...

Foote v. Moniz  
Date: May 13, 2014
Docket Number: 13-5093

Justia Opinion Summary: Plaintiff filed suit against the Department under Title VII after the Department refused to certify him under the Human Reliability Program. Plaintiff claimed that, in denying him certification, the Department relied on...

Coal River Energy, LLC v. Jewell, et al.  
Date: May 13, 2014
Docket Number: 13-5119

Justia Opinion Summary: Appellant, a coal mine operator, filed suit against the Secretary, challenging a Department of the Interior regulation requiring mine operators to pay a reclamation fee when the coal is ultimately sold or used, rather th...

In re: Long-distance Telephone Service Federal Excise Tax Refund  
Date: May 9, 2014
Docket Number: 12-5380

Justia Opinion Summary: 26 U.S.C. 4251 imposes an excise tax on amounts paid for toll telephone service. Technological advances changed cost structures and, as a result, telephone companies began charging only by elapsed transmission time. The...

Nat'l Assoc. of Manufacturers v. EPA, et al.  
Date: May 9, 2014
Docket Number: 13-1069

Justia Opinion Summary: Petitioners challenged the EPA's Final Rule regarding the National Ambient Air Quality Standards (NAAQS) for fine particulate matter under Section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. 7607(b)(1), 7607(d)(9). T...

ACLU, et al. v. Department of Justice  
Date: May 9, 2014
Docket Number: 13-5064

Justia Opinion Summary: In ACLU I, the court held that the Freedom of Information Act (FOIA), 5 U.S.C. 552, required the Justice Department to disclose case names and docket numbers for prosecutions in which the government had obtained cell pho...

USA v. Jaron Brice
Date: May 6, 2014
Docket Number: 09-3071
Thomas v. Holder, Jr., et al.  
Date: May 6, 2014
Docket Number: 12-5228

Justia Opinion Summary: Appellant failed to respond to the court's order to show cause why he should not be compelled to pay a filing fee. The court dismissed the appeal for failure to prosecute. Appellant then moved for reconsideration. Appell...

Monroe Energy, LLC v. EPA  
Date: May 6, 2014
Docket Number: 13-1265

Justia Opinion Summary: Petitioners challenged the 2013 Renewable Fuel Standards (RFS) issued under section 211(o) of the Clean Air Act, 42 U.S.C. 7545(o). The court held that Monroe Energy had Article III standing to challenge the Final Rule....

Ark Initiative, et al. v. Tidwell, et al.  
Date: April 29, 2014
Docket Number: 13-5103

Justia Opinion Summary: After the Forest Service denied Ark's Emergency Petition seeking "roadless" designation for roughly 1,000 acres on Burnt Mountain and suspension of the Aspen Skiing Company's authorization to cut trees on that land, Ark...

Schmidt v. United States  
Date: April 25, 2014
Docket Number: 13-5007

Justia Opinion Summary: Appellant, a Marine Corps. veteran who was honorably discharged, sought review of the BCNR's denial of an increase in appellant's disability rating. The court affirmed the district court's dismissal where the only claim...

Natural Resources Defense Council v. EPA  
Date: April 18, 2014
Docket Number: 10-1371

Justia Opinion Summary: Petitioners challenged the EPA's 2013 Rule regarding the emission standards for the cement industry and the EPA's decision to create an affirmative defense for private civil suits in which plaintiffs sue sources of pollu...

Teltschik v. Williams & Jensen, PLLC, et al.  
Date: April 18, 2014
Docket Number: 12-7106

Justia Opinion Summary: The Federal Election Commission opened an investigation into alleged discrepancies in ARMPAC's financial reporting. ARMPAC conceded that it had violated federal election laws and agreed to pay a civil penalty and termina...

White Stallion Energy Center v. EPA  
Date: April 15, 2014
Docket Number: 12-1100

Justia Opinion Summary: The EPA promulgated emission standards for a number of listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. In this complex case, the court addressed the challenges to t...

Brooks v. Grundmann  
Date: April 15, 2014
Docket Number: 12-5171

Justia Opinion Summary: Plaintiff, a Board employee, filed suit claiming that her supervisors engendered a hostile work environment, discriminating against her on the basis of her race and sex. The court affirmed the district court's grant of s...

Common Cause, et al. v. Biden, Jr., et al.  
Date: April 15, 2014
Docket Number: 12-5412

Justia Opinion Summary: House members who voted for the DREAM and DISCLOSE bills, and others filed suit against the Vice President and others alleging that the effect of Rule XXII was to require sixty votes to get legislation through the Senate...

Nat'l Assoc. of Manufacturers, et al. v. SEC, et al.  
Date: April 14, 2014
Docket Number: 13-5252

Justia Opinion Summary: In response to the Congo war, Congress created Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15 U.S.C. 78m(p), which requires the SEC to issue regulations requiring firms using "conflict...

Communities for a Better Environment, et al. v. EPA  
Date: April 11, 2014
Docket Number: 11-1423

Justia Opinion Summary: Petitioners, three non-profit environmental and wildlife organizations, filed suit challenging EPA's decisions concerning both the primary and secondary standards for carbon monoxide. The primary standards for carbon mon...

Sea World of Florida, LLC v. Solis  
Date: April 11, 2014
Docket Number: 12-1375

Justia Opinion Summary: In February 2010, a SeaWorld trainer was killed by Tilikum, a killer whale, during a performance before a live audience in a pool at Shamu Stadium in Orlando. OSHA found that SeaWorld violated the general duty clause, se...

United States v. Cellco Partnership, et al.  
Date: April 11, 2014
Docket Number: 12-7133

Justia Opinion Summary: Relator filed a qui tam complaint against Verizon under the False Claims Act, 31 U.S.C. 3730(b)(5). On appeal, relator challenged the district court's dismissal of his qui tam complaint for lack of subject matter jurisdi...

Catholic Healthcare West v. Sebelius  
Date: April 11, 2014
Docket Number: 13-5090

Justia Opinion Summary: Plaintiff, CHW, was the surviving entity after a merger between Marian and the hospitals previously constituting CHW. Plaintiff's claim related to depreciation taken by Marian in the years before the merger. Plaintiff ar...

Int'l Brotherhood of Electrical Workers v. Detroit Free Press, Inc.  
Date: April 11, 2014
Docket Number: 13-7033

Justia Opinion Summary: The Union filed suit against WUSA-TV, a television station, alleging that the station breached its contractual obligations by laying off a technician. Because the grievance did not "arise under" the 2008 bargaining agree...

Fisher-Cal Indus., Inc. v. United States, et al.  
Date: April 8, 2014
Docket Number: 12-5155

Justia Opinion Summary: Fisher-Cal filed suit alleging that the Air Force violated the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., when the Air Force opted not to renew a contract for multimedia services with Fisher-Cal and decide...

Remington Lodging & Hospitality v. NLRB  
Date: April 8, 2014
Docket Number: 13-1146

Justia Opinion Summary: The Board moved to transfer this petition for review of one of its orders to the Ninth Circuit where another petition for review of the same order has been filed. Although the Board conceded that it received the court-an...

USPS v. Postal Regulatory Commission  
Date: April 8, 2014
Docket Number: 13-1229

Justia Opinion Summary: The USPS sought review of three orders of the Commission implementing the court's mandate in GameFly, Inc. v. Postal Regulatory Commission (GameFly I). In GameFly I, the Commission found that USPS violated the proscripti...

United States v. Clark  
Date: April 4, 2014
Docket Number: 11-3072

Justia Opinion Summary: Defendant appealed his conviction for bank and wire fraud. The court rejected defendant's challenges to his conviction, his aggravating role enhancement, and his restitution obligation. However, the court vacated defenda...

El Paso Natural Gas Co. v. United States, et al.  
Date: April 4, 2014
Docket Number: 12-5156

Justia Opinion Summary: This case involved numerous claims concerning environmental hazards at three sites on Navajo land in Arizona. El Paso, the successor-in-interest to the corporation that mined uranium at the Mill, filed suit against the U...

Queen v. Schultz  
Date: April 4, 2014
Docket Number: 12-7099

Justia Opinion Summary: Michael Queen, an NBC Employee, claimed an entitlement to a portion of Ed Schultz's income from the "The Ed Show" on MSNBC based on their alleged agreement to co-develop a show. Queen sued Schultz in district court, and...

Abdullah, et al. v. Obama, et al.  
Date: April 4, 2014
Docket Number: 13-5203

Justia Opinion Summary: Hani Saleh Rashid Abdullah, a Yemeni national who has been detained by the United States at Guantanamo since 2002 as an enemy combatant, appealed the denial of his motion for preliminary injunctive relief from holding hi...

American Meat Institute v. AGRI
Date: April 4, 2014
Docket Number: 13-5281
United States v. Rice  
Date: April 1, 2014
Docket Number: 06-3166

Justia Opinion Summary: Defendant appealed his convictions for drug conspiracy charges, arguing that the 26-month delay between his arrest and the start of his trial violated the Speedy Trial Act, 18 U.S.C. 3161 et seq., and the Sixth Amendment...

Citizens for Responsibility v. DOJ  
Date: April 1, 2014
Docket Number: 12-5223

Justia Opinion Summary: CREW filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request seeking various types of documents related to the FBI's investigation of Tom DeLay, the former Majority Leader. The FBI opened a wide-ranging public c...

Bregman v. Perles, et al.  
Date: April 1, 2014
Docket Number: 12-7091

Justia Opinion Summary: This case stemmed from the settlement of a lawsuit alleging Libya's responsibility for the 1986 LaBelle discotheque bombing in Berlin. The victims' lawyers received nearly $36 million for their efforts. Plaintiff, a reti...

Allina Health Services, et al. v. Sebelius  
Date: April 1, 2014
Docket Number: 13-5011

Justia Opinion Summary: Petitioners, a group of hospitals that serve a significant number of elderly, very low-income patients, filed suit challenging the Secretary's issuance of a rule concerning the "disproportionate share percentage" calcula...

American Meat Institute, et al. v. AGRI, et al.  
Date: March 28, 2014
Docket Number: 13-5281

Justia Opinion Summary: AMI filed suit challenging the 2013 rule adopted by AMS, a branch of the Department of Agriculture, that modified its prior rule implementing Congress's requirements of country-of-origin labeling (COOL), 7 U.S.C. 1638a....

United States v. Wright  
Date: March 25, 2014
Docket Number: 09-3117

Justia Opinion Summary: Defendant pled guilty to one count of possession with intent to distribute cocaine. On appeal, defendant claimed that counsel's prior representation of an individual involved in the same arrest created an impermissible c...

United States v. Peyton  
Date: March 21, 2014
Docket Number: 10-3099

Justia Opinion Summary: Defendant pleaded guilty to drug offenses, but reserved his right to appeal the denial of his motion to suppress. Finding no waiver of defendant's argument, the court concluded that the July 2009 search was unlawful beca...

National Treasury Employees Union v. FLRA  
Date: March 21, 2014
Docket Number: 12-1234

Justia Opinion Summary: The Union petitioned for review of the FLRA's decision that the IRS did not commit an unfair labor practice under 5 U.S.C. 7116 when it failed to provide the Union notice or an opportunity to bargain over an increase in...

United States v. Solofa  
Date: March 21, 2014
Docket Number: 12-3043

Justia Opinion Summary: Defendant challenged his conviction and sentence for witness tampering and obstruction of justice. The court concluded that defendant failed to show that his counsel's failure to invoke an entrapment defense prejudiced d...

NACS, et al. v. FRS  
Date: March 21, 2014
Docket Number: 13-5270

Justia Opinion Summary: Congress passed the Durbin Amendment as part of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376, which modified the Electric Funds Transfer Act (EFTA), Pub. L. No....

United States v. Jones  
Date: March 14, 2014
Docket Number: 08-3033

Justia Opinion Summary: Defendants Jones, Thurston, and Ball were convicted of distributing small quantities of crack cocaine, but acquitted of conspiracy to distribute drugs. On appeal, defendants challenged their sentences. The court conclude...

Kaufman v. Perez  
Date: March 14, 2014
Docket Number: 12-1036

Justia Opinion Summary: Petitioner, an employee for the EPA, appealed the denial of his claims against the EPA for allegedly retaliating against him in violation of several environmental whistleblowing provisions. There was no adverse action ev...

People for the Ethical Treatment of Animals v. National Institutes of Health  
Date: March 14, 2014
Docket Number: 12-5183

Justia Opinion Summary: PETA requested records under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., concerning NIH investigations of animal abuse at a university research lab, and specifically sought documents related to any inves...

Utility Air Regulatory Group v. EPA  
Date: March 11, 2014
Docket Number: 12-1166

Justia Opinion Summary: Petitioners challenged 2009 and 2012 final rules issued by EPA revising the new source performance standards for steam generating units. The court concluded that, because EPA has not yet resolved petitioners' petitions f...

Dodge v. Comptroller of the Currency  
Date: March 7, 2014
Docket Number: 12-1416

Justia Opinion Summary: The Comptroller of the Currency found that petitioner, as the CEO and a director of the Bank, had engaged in a pattern of willfully misrepresenting the Bank's capital reserves to the OTS and the Bank's board of directors...

Koch v. Schapiro, et al.  
Date: March 7, 2014
Docket Number: 12-5139

Justia Opinion Summary: Appellant, employed with the SEC, filed a request under the Rehabilitation Act, 29 U.S.C. 791 et seq., for a work schedule accommodation so that he could undergo rehabilitation without using his work leave. When the Comm...

Assoc. Amer. Physicians, et al. v. Sebelius, et al.  
Date: March 7, 2014
Docket Number: 13-5003

Justia Opinion Summary: Plaintiffs filed suit against the Secretary of Health and Human Services (HHS) and the Commissioner of the Social Security Administration (SSA) raising constitutional challenges to the Patient Protection and Affordable C...

Blanca Telephone Co., et al. v. FCC  
Date: February 28, 2014
Docket Number: 12-1365

Justia Opinion Summary: The Commission granted waivers with nunc pro tunc effect to many of the companies seeking relief from a compliance deadline regarding regulations that required digital wireless service providers to offer telephone handse...

In re: Hope 7 Monroe Street Ltd.  
Date: February 28, 2014
Docket Number: 12-7054

Justia Opinion Summary: Hope 7 entered into bankruptcy in 2009 and RIASO was Hope 7's largest creditor. The bankruptcy court subsequently approved the settlement of Hope 7's fraud-based claims against RIASO, approved RIASO's proof of claim agai...

Weaver, Jr., et al. v. FMCSA, et al.  
Date: February 28, 2014
Docket Number: 13-1172

Justia Opinion Summary: Petitioner received a citation for failing to obey a Montana traffic ordinance and a record of the citation made its way into a database administered by FMCSA. Petitioner complained that, in maintaining the record of cit...

United States v. Taylor  
Date: February 28, 2014
Docket Number: 13-3015

Justia Opinion Summary: In 2009, defendant was sentenced to 180 months in prison for conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine. In 2011, the Sentencing Commission gave retroactive effect to...

BNP Paribas Energy Trading GP v. FERC  
Date: February 21, 2014
Docket Number: 12-1242

Justia Opinion Summary: Two firms receiving gas storage service in the Washington Storage Field ceased taking service and "released" their storage rights to Paribas. The departing customers exercised their contract rights to buy back so-called...

United States v. Brodie  
Date: February 18, 2014
Docket Number: 11-3029

Justia Opinion Summary: Defendant pled guilty to unlawful possession of a firearm. On appeal, defendant challenged the district court's motion to suppress evidence. While waiting to execute a search warrant at the home of an arrested murder sus...

Franklin-Mason v. Mabus, Jr.  
Date: February 14, 2014
Docket Number: 12-5057

Justia Opinion Summary: This case stemmed from an employment discrimination suit filed by appellant against the Navy. The Navy subsequently offered a stipulation of Settlement (the "Agreement"). After concluding that specific performance of the...

Loving, et al. v. IRS, et al.  
Date: February 11, 2014
Docket Number: 13-5061

Justia Opinion Summary: Plaintiffs, three independent tax-return preparers, filed suit contending that the IRS's new regulations exceeded the agency's authority under the statute. At issue was whether the IRS's statutory authority to "regulate...

Aamer, et al. v. Obama, et al.  
Date: February 11, 2014
Docket Number: 13-5223

Justia Opinion Summary: Petitioners, detainees who have been cleared for release but remain held at Guantanamo Bay, engaged in a hunger strike unless and until they were released. The government subsequently instituted a force-feeding protocol....

United States v. Regenerative Sciences, LLC, et al.  
Date: February 4, 2014
Docket Number: 12-5254

Justia Opinion Summary: The government filed suit against appellants, alleging that they violated federal laws regulating the manufacture and labeling of drugs and biological products by producing, as part of their medical practice, a substanc...

Jurewicz, et al. v. U.S. Dept. of Agriculture & Humane Society  
Date: February 4, 2014
Docket Number: 12-5331

Justia Opinion Summary: Plaintiffs, dog breeders and dealers in Missouri, challenged the Department's decision to release information in their annual reports relating to their gross revenue and business volume. Plaintiffs contended that the inf...

BNSF Railway Co. v. STB, et al.  
Date: January 31, 2014
Docket Number: 12-1327

Justia Opinion Summary: BNSF petitioned for review of the Board's decision to adhere to a revenue-allocation methodology, known as Modified ATC, in determining that the rates BNSF charged WFA were unreasonably high. In 2010, the court remanded...

United States v. Wyche  
Date: January 31, 2014
Docket Number: 12-3034

Justia Opinion Summary: In 2008, Defendants Wyche and Smith moved for sentence reductions after amendments to the United States Sentencing Guidelines lowered the sentencing ranges for cocaine base crimes. The district court granted Smith's moti...

Lilliputian Sys., Inc. v. Pipeline and Hazardous Materials Safety Admin.  
Date: January 31, 2014
Docket Number: 13-1058

Justia Opinion Summary: Lilliputian, manufacturer of micro fuel cells powered by butane, challenged the prohibition in a final rule against airline passengers and crew carrying butane fuel cell cartridges in their checked baggage. Lilliputian a...

Westberg, et al. v. FDIC, et al.  
Date: January 31, 2014
Docket Number: 13-5080

Justia Opinion Summary: Plaintiffs filed suit seeking a declaratory judgment that the FDIC's repudiation of a residential construction loan agreement relieved them of any obligation to continue making loan payments. The FDIC then assigned its i...

Roane, et al. v. Tandy, et al.  
Date: January 24, 2014
Docket Number: 12-5020

Justia Opinion Summary: Appellant, a federal death row inmate, moved to intervene in this lawsuit, which challenged the government's method of carrying out lethal injections and its failure to disclose its execution procedures. The district cou...

Roberts v. United States, et al.  
Date: January 24, 2014
Docket Number: 12-5149

Justia Opinion Summary: Plaintiff filed suit challenging the refusal of the Board of Correction of Naval Records to amend certain of her fitness reports. The court concluded that the decision of the Board was neither arbitrary nor capricious no...

Adirondack Medical Center, et al. v. Sebelius  
Date: January 24, 2014
Docket Number: 12-5366

Justia Opinion Summary: In 2007, the Secretary revamped Medicare's Inpatient Prospective Payment System, updating the diagnostic weighting used to calculate reimbursements for hospitals treating the program's beneficiaries. Plaintiffs sought re...

Town of Barnstable, MA v. FAA  
Date: January 22, 2014
Docket Number: 12-1362

Justia Opinion Summary: Petitioners challenged the FAA's no hazard determinations in 2012 for proposed wind turbines in Nantucket Sound. The court concluded that the FAA could reasonably view its Handbook procedures implementing the Secretary's...

Public Employees. v. U.S. Section, Intl. Boundary & Water Comm'n  
Date: January 22, 2014
Docket Number: 12-5158

Justia Opinion Summary: PEER sought records under the Freedom of Information Act 5 U.S.C. 552, related to two dams located on the border between the United States and Mexico. PEER first argued that it was entitled to the expert report on struct...

OK Dept. Environmetal Quality v. EPA  
Date: January 17, 2014
Docket Number: 11-1307

Justia Opinion Summary: Oklahoma petitioned for review of the EPA's final rule establishing a federal implementation plan for the attainment of national air quality standards in "Indian country." The court held that a state has regulatory juris...

Byers v. Commissioner of IRS  
Date: January 17, 2014
Docket Number: 12-1351

Justia Opinion Summary: Appellant sought review of orders and decisions issued by the Tax Court affirming the IRS's decision to impose a levy on his property to collect overdue income taxes. Appellant raised several challenges emanating from an...

Janko v. Gates, et al.  
Date: January 17, 2014
Docket Number: 12-5017

Justia Opinion Summary: Appellant was detained at Guantanamo Bay for seven years as an enemy combatant. After the Supreme Court decided that Guantanamo detainees have a constitutional right to challenge the basis of their detentions in Boumedie...

Autor, et al. v. Pritzker, et al.  
Date: January 17, 2014
Docket Number: 12-5379

Justia Opinion Summary: Appellants, federally registered lobbyists, wishing appointment to one type of advisory committee, the Industry Trade Advisory Committees (ITACs), challenged the constitutionality of the presidential ban on federally reg...

Verizon v. FCC
Date: January 15, 2014
Docket Number: 11-1355
Dianne Sledge v. Federal Bureau of Prisons
Date: January 15, 2014
Docket Number: 12-5287
Verizon v. FCC, et al.  
Date: January 14, 2014
Docket Number: 11-1355

Justia Opinion Summary: Verizon challenged the FCC's Open Internet Order, which imposed disclosure, anti-blocking, and anti-discrimination requirements on broadband providers. The court concluded that the Commission has established that section...

McKinley v. FHFA  
Date: January 10, 2014
Docket Number: 12-5267

Justia Opinion Summary: Appellant sought attorneys' fees following his largely unsuccessful attempt to obtain documents from the FHFA under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq. The court concluded that the district court...

Stan Hunt v. Department of Veterans Affairs
Date: January 8, 2014
Docket Number: 13-5104
Clark v. Feder Semo and Bard, P.C., et al.  
Date: January 7, 2014
Docket Number: 12-7092

Justia Opinion Summary: Plaintiff filed suit against her former law firm alleging that decisions made by the firms' directors who administered the retirement plan breached their fiduciary duties under the Employee Retirement Income Security Act...

U.S. Dept. of the Treasury v. FLRA  
Date: January 3, 2014
Docket Number: 12-1456

Justia Opinion Summary: This case arose after the IRS Office of Chief Counsel and the National Treasury Employees Union renegotiated their collective bargaining agreement. At issue on appeal was the Authority's interpretation of section 7106 of...

Schlottman v. Perez  
Date: January 3, 2014
Docket Number: 12-5132

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of defendant, concluding that plaintiff's whistleblower complaint did not qualify as a "mixed case" complaint capable of triggering the savings c...

Electronic Frontier Found. v. Dept. of Justice  
Date: January 3, 2014
Docket Number: 12-5363

Justia Opinion Summary: EFF appealed the district court's denial of its Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request for disclosure of a legal opinion prepared for the FBI by the OLC. The court held that the opinion, which w...