2018 D.C. Circuit US Court of Appeals Case Law
Date: December 28, 2018
Docket Number: 16-1028
Justia Opinion Summary: The right-to-control element of the Board's joint-employer standard has deep roots in the common law. Furthermore, the common law permits consideration of those forms of indirect control that play a relevant part in…
Date: December 28, 2018
Docket Number: 17-1275
Justia Opinion Summary: Petitioner, owner of a number of electric generation resources in New England, challenged FERC's adoption of changes to the Transmission, Markets, and Services Tariff proposed by the Independent System Operator for New…
Date: December 28, 2018
Docket Number: 17-3005
Justia Opinion Summary: The DC Circuit affirmed, on alternative grounds, the district court's denial of defendant's motion for post-conviction relief pursuant to 28 U.S.C. 2255. The district court denied the motion on the merits. The court…
Date: December 28, 2018
Docket Number: 17-7056
Justia Opinion Summary: The DC Circuit reversed the district court's dismissal of plaintiff's complaint challenging the Committee's denial of his application to sit for the DC Bar Examination. The court held that the Rooker-Feldman doctrine did…
Date: December 28, 2018
Docket Number: 17-7146
Justia Opinion Summary: Survivors filed suit against the Republic of Hungary and Hungary's state-owned railway company, seeking compensation for the seizure and expropriation of Survivors' property as part of the Hungarian government's…
Date: December 18, 2018
Docket Number: 17-5225
Justia Opinion Summary: A member of the public cannot use a Freedom of Information Act (FOIA) request to obtain unrelated individual's tax records without his consent. The District Court affirmed the dismissal of EPIC's action seeking President…
Date: December 11, 2018
Docket Number: 17-3052
Justia Opinion Summary: The DC Circuit affirmed defendant's conviction of conspiracy to distribute, and conspiracy to possess with the intent to distribute, 100 grams or more of a mixture and substance containing a detectable amount of heroin.…
Date: December 7, 2018
Docket Number: 17-1188
Justia Opinion Summary: Petitioner, the former CEO of a Georgia bank, sought review of the Comptroller's decision to assess a $10,000 civil money penalty against him. The DC Circuit upheld the Comptroller's determination that petitioner engaged…
Date: December 7, 2018
Docket Number: 17-1213
Justia Opinion Summary: The DC Circuit denied a petition for review of the TSA's order stating that it would neither confirm or deny any information about petitioner which may be within federal watchlists or reveal any law enforcement sensitive…
Date: December 7, 2018
Docket Number: 17-5238
Justia Opinion Summary: This appeal stemmed from an attempt by Starr, a Swiss-domiciled company, to avail itself of a bilateral tax treaty between the United States and Switzerland to reduce its tax rate on U.S.-source dividend income. The DC…
Date: December 7, 2018
Docket Number: 17-7151
Justia Opinion Summary: The DC Circuit affirmed the district court's dismissal of claims related to conditions placed by the D.C. Alcoholic Beverage Control Board on the liquor license of the Alibi restaurant. The court held that HRH properly…
Date: December 7, 2018
Docket Number: 17-7169
Justia Opinion Summary: Plaintiff filed suit against FFIC to recover disputed expenses, largely attorney fees, that he incurred in an underlying action brought by his sister. The district court granted summary judgment for FFIC. The DC Circuit…
Date: December 4, 2018
Docket Number: 17-1116
Justia Opinion Summary: Petitioner, a commercial pilot, filed a petition for review challenging the TSA's Known Crewmember Program. Petitioner claimed that TSA lacked statutory authority to select and screen airline crewmembers in the same…
Date: December 3, 2018
Docket Number: 17-5208
Date: November 30, 2018
Docket Number: 17-5095
Justia Opinion Summary: The Architect of the Capitol removed high school student David Pulphus’ painting from the exhibition of the 2016 winners of the Congressional Art Competition. The painting was initially described as “a colorful landscape…
Date: November 30, 2018
Docket Number: 18-5176
Justia Opinion Summary: Kaspersky, a Russian-based cybersecurity company, provides products and services to customers around the world. In 2017, based on concerns that the Russian government could exploit Kaspersky’s access to federal…
Date: November 27, 2018
Docket Number: 17-1272
Justia Opinion Summary: In 2016, the Department of Transportation issued a rule requiring airlines to report the number of wheelchairs and scooters that are mishandled after being transported as checked luggage on passenger flights. The…
Date: November 2, 2018
Docket Number: 17-1204
Justia Opinion Summary: The DC Circuit affirmed the tax court's denial of a deduction on income earned by three foreign nationals who participated in the State Department's Summer Work Travel Program in 2012. The court held that appellants did…
Date: November 2, 2018
Docket Number: 17-5269
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment in an action brought under 33 U.S.C. 1904(h). In section 1904(h), Congress gave a ship unreasonably detained or delayed, on suspicion of…
Date: October 26, 2018
Docket Number: 17-7154
Justia Opinion Summary: The DC Circuit affirmed the district court's judgment refusing to enforce an arbitral award against the Czech Republic Ministry of Health and in favor of Diag Human, S.E., a corporation organized under the laws of the…
Date: October 19, 2018
Docket Number: 16-1314
Justia Opinion Summary: Industry and environmental petitioners challenged EPA's determination that it could not, on the basis of "available information," classify three of the 61 areas under the National Ambient Air Quality Standard for sulfur…
Date: October 12, 2018
Docket Number: 16-7132
Justia Opinion Summary: The DC Circuit vacated its previous opinion and substituted the following opinion. Homeowners filed suit against their insurance company for breach of contract when the company refused to cover flood damage to…
Date: October 12, 2018
Docket Number: 17-5246
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint, denial of his motion for leave to amend the complaint, and rejection of his motion to transfer the case to the United States Court of Federal Claims.…
Date: September 21, 2018
Docket Number: 16-1285
Justia Opinion Summary: The DC Circuit granted ANR's petition for review challenging FERC's decision refusing to allow ANR to charge market-based rates, as opposed to cost-based rates, for its natural gas storage services. The court held that…
Date: September 18, 2018
Docket Number: 16-1159
Justia Opinion Summary: Plaintiffs challenged the Copyright Royalty Board's most recent determination for rates noninteractive webcasters must pay to play recordings over the Internet under a statutory copyright license. The DC Circuit…
Date: September 4, 2018
Docket Number: 16-5298
Justia Opinion Summary: DC Code 24-409 generally requires the Commission to hold an offender’s first DC parole hearing at his DC parole eligibility date, and that rule also applies to offenders, like plaintiff, who become eligible for DC parole…
Date: September 4, 2018
Docket Number: 17-1151
Justia Opinion Summary: The DC Circuit denied a petition for review of the Board's decision affirming an ALJ's conclusion that the College violated the National Labor Relations Act by refusing to provide information requested by a union…
Date: August 24, 2018
Docket Number: 16-3096
Justia Opinion Summary: Defendants pleaded guilty to conspiring to distribute, and possess with intent to distribute, the drugs on board the Mistby, in violation of the Maritime Drug Law Enforcement Act (MDLEA) and the Controlled Substances…
Date: August 21, 2018
Docket Number: 15-1219
Justia Opinion Summary: Coal residuals, “one of the largest industrial waste streams,” contain myriad carcinogens and neurotoxins. Power plants generally store it on site in aging piles or pools, risking protracted leakage and catastrophic…
Date: August 21, 2018
Docket Number: 17-5068
Justia Opinion Summary: In 2005, Delta Airlines filed for bankruptcy and stopped contributing to its pilots' pension plan. Delta and the Pension Benefit Guaranty Corporation (PBGC) terminated that Plan, which had insufficient assets to support…
Date: August 17, 2018
Docket Number: 15-3040
Justia Opinion Summary: The DC Circuit affirmed Defendants Ayala, Machado-Erazo, and Martinez-Amaya's convictions and sentences for conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) statute. The court held that the…
Date: August 17, 2018
Docket Number: 16-3005
Justia Opinion Summary: A generic appeal waiver does not affect a defendant's ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds. The DC Circuit held that the appeal waiver did not preclude defendant from…
Date: August 17, 2018
Docket Number: 16-5269
Justia Opinion Summary: The DC Circuit affirmed the district court's decision to uphold HHS's redaction of certain types of information in response to PETA's request for information about the importation of nonhuman primates under the Freedom…
Date: August 17, 2018
Docket Number: 17-1155
Justia Opinion Summary: At issue in this appeal was whether the EPA had authority under Sections 307(d)(7)(B) and 112(r)(7) of the Clean Air Act (CAA) to delay the effective date of the Chemical Disaster Rule of January 13, 2017, for twenty…
Date: August 17, 2018
Docket Number: 17-5202
Justia Opinion Summary: The Project and four individual herders challenged the agencies' 364-day certification period for H-2A visas, which allowed nonimmigrants to enter the country to perform certain agricultural work. The DC Circuit held…
Date: August 17, 2018
Docket Number: 17-7059
Justia Opinion Summary: AFDI filed suit against WMATA and its then-general manager, alleging that WMATA's refusal to display its advertisements violated its rights to free speech and equal protection under the First and Fourteenth Amendments.…
Date: August 14, 2018
Docket Number: 16-5256
Justia Opinion Summary: AICPA challenged the IRS's Annual Filing Season Program as violating the Administrative Procedure Act (APA). On remand, the district court granted the IRS's motion for judgment on the pleadings based on AICPA's lack of…
Date: August 14, 2018
Docket Number: 17-1025
Justia Opinion Summary: Appellants challenged the tax court's decision affirming the Commissioner's determinations to disallow 26 U.S.C. 45K credits to appellants, to disallow the bulk of appellants' claimed business-expense deductions, and…
Date: August 14, 2018
Docket Number: 17-1056
Justia Opinion Summary: The DC Circuit denied Interjet's petitions for review of the Department's orders implementing a decision to not allow the airlines to give any takeoff and landing slots at Mexico City's Benito Juárez International…
Date: August 14, 2018
Docket Number: 17-7062
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff, a former Deputy Counsel, alleging that her termination was the product of discrimination based on…
Date: August 10, 2018
Docket Number: 15-3018
Justia Opinion Summary: The DC Circuit affirmed defendant's conviction for threatening to murder a federal law enforcement officer. The court held that the indictment fairly informed defendant of the charge against him so as to satisfy the…
Date: August 10, 2018
Docket Number: 16-1320
Justia Opinion Summary: The DC Circuit denied the hospital's petition for review of the Board's determination that the hospital failed to make a showing that prohibiting the employees' picketing conduct was necessary to avoid disrupting patient…
Date: August 10, 2018
Docket Number: 16-5236
Justia Opinion Summary: The DC Circuit reversed the district court's grant of summary judgment to the Department of Defense in an action brought by plaintiff, a former instructor, under the Age Discrimination in Employment Act against the…
Date: August 10, 2018
Docket Number: 17-5006
Justia Opinion Summary: Hospitals challenged the methodology that the Department used to calculate the "outlier payment" component of their Medicare reimbursements for 2008, 2009, 2010, and 2011. At issue was whether the Department's decision…
Date: August 10, 2018
Docket Number: 17-5075
Justia Opinion Summary: Two Panamanian men designated as Specially Designated Narcotics Traffickers by the OFAC, filed suit claiming that they had insufficient post-deprivation notice of the bases of their designation in violation of their due…
Date: August 10, 2018
Docket Number: 17-7075
Justia Opinion Summary: This appeal stemmed from a dispute between a paleta company in Mexico (Prolacto) and a paleta company in northern California (PLM) over a phrase "La Michoacana" and an image of a girl in traditional dress holding a…
Date: August 7, 2018
Docket Number: 13-7169
Justia Opinion Summary: This case arose when Venezuela and two of its agencies seized all assets of an American drilling company's Venezuelan subsidiary. Both parent and subsidiary filed suit claiming that the expropriation of the subsidiary's…
Date: August 7, 2018
Docket Number: 17-5067
Justia Opinion Summary: The DC Circuit affirmed the district court's denial of a petition for habeas corpus relief to Moath Hamza Ahmed Al-Alwi, a detainee at Guantanamo Bay. Al-Alwi was captured in December 2001 for his Taliban-related…
Date: August 3, 2018
Docket Number: 15-1231
Justia Opinion Summary: CC1 petitioned for review of the Board's determination that it unlawfully fired several employees who had engaged in work stoppages. The DC Circuit held that there was substantial evidence that one of the discharged…
Date: August 3, 2018
Docket Number: 15-3020
Justia Opinion Summary: Defendants Lovo and Sorto were convicted of conspiring to interfere with interstate commerce by robbery, and using, carrying or possessing a firearm during a crime of violence. The DC Circuit rejected defendants' claim…
Date: August 3, 2018
Docket Number: 16-1405
Justia Opinion Summary: Advanced Life petitioned for review of the Board's order determining that the company was liable for two violations of Section 8(a)(1) of the National Labor Relations Act based on the owner's statements immediately…
Date: August 3, 2018
Docket Number: 16-5333
Justia Opinion Summary: Plaintiff filed multiple Freedom of Information Act (FOIA) requests with OPR and other agencies, seeking to learn the results of investigations into the prosecutor in plaintiff's case. OPR categorically refused to…
Date: August 3, 2018
Docket Number: 17-1040
Justia Opinion Summary: The DC Circuit held that FERC did not adequately justify its approval of the tariff amendment at issue here, which prohibited cost sharing for a category of high-voltage projects conceded to have significant regional…
Date: July 31, 2018
Docket Number: 15-1098
Justia Opinion Summary: Petitioners challenged FERC's refund order in a cost-allocation case where the agency found that the rate-distribution methodology was unjust and unreasonable. FERC ordered refunds to customers who paid too much, funded…
Date: July 31, 2018
Docket Number: 16-1289
Justia Opinion Summary: In previous decisions, the DC Circuit held that, notwithstanding the lapse of a Board quorum, Regional Directors retain authority to direct elections administered under a so-called stipulated election agreement—an…
Date: July 31, 2018
Docket Number: 16-5373
Justia Opinion Summary: Appellant, a dual citizen of the United States and Canada and incarcerated in the United States where he was convicted of a felony, sought a transfer under a treaty between the United States and Canada to a Canadian…
Date: July 31, 2018
Docket Number: 16-7132
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment in favor of an insurance company in a breach of contract dispute over a homeowners insurance policy. The court held that plaintiffs could not recover…
Date: July 31, 2018
Docket Number: 17-1110
Justia Opinion Summary: The DC Circuit denied a petition for review challenging FERC's orders approving an exemption to the minimum offer price rule in the ISO New England forward capacity market for a limited amount of qualifying renewable…
Date: July 31, 2018
Docket Number: 17-3006
Justia Opinion Summary: Defendant appealed his sentence after he pleaded guilty to drug-related charges. In this case, the government breached the agreement by failing to schedule defendant's superior court pleas to follow his federal…
Date: July 31, 2018
Docket Number: 17-7171
Justia Opinion Summary: Following Rosenberger v. Rector & Visitors of the University of Virginia, 515 U.S. 819, 831 (1995), WMATA may exclude religion as a subject matter from its advertising space. The Archdiocese filed suit challenging…
Date: July 31, 2018
Docket Number: 18-3037
Justia Opinion Summary: The DC Circuit affirmed a pretrial detention order that was issued after release was revoked because of Paul Manafort's alleged commission of new crimes of witness tampering while he was on release. The Government…
Date: July 27, 2018
Docket Number: 15-7064
Justia Opinion Summary: Plaintiff, a single-leg amputee, filed suit against his employer, ARE, alleging claims under the Americans with Disabilities Act (ADA). Plaintiff was awarded damages for ARE's failure to accommodate his disability by…
Date: July 27, 2018
Docket Number: 16-1081
Justia Opinion Summary: Petitioners challenged FERC's approval of an application from Algonquin to undertake an upgrade to its natural gas pipeline system. The DC Circuit dismissed the Delegation's petition for review for lack of jurisdiction…
Date: July 27, 2018
Docket Number: 17-1160
Justia Opinion Summary: After the IRS refused to grant the foreign shipping corporation Good Fortune an exemption to some of its U.S.-based income from taxation, the tax court ruled in favor of the IRS. The DC Circuit reversed, holding that the…
Date: July 27, 2018
Docket Number: 17-7037
Justia Opinion Summary: United States nationals, victims of al Qaeda attacks in Nairobi and Dar es Salaam in 1998, filed suit against the French bank BNP Paribas for damages under the AntiTerrorism Act (ATA), alleging that the bank provided…
Date: July 24, 2018
Docket Number: 13-5275
Justia Opinion Summary: The DC Circuit affirmed the district court's denial of a petition for writ of habeas corpus under 28 U.S.C. 2254. Defendant was convicted of roughly two dozen criminal charges arising out of an armed robbery in 2005.…
Date: July 24, 2018
Docket Number: 16-1068
Justia Opinion Summary: Petitioners challenged FERC's failure to account for the effect on electricity prices of the permanent retirement of the Brayton Point Power Station, a coal-fired electric plant in Somerset, Massachusetts. Petitioners…
Date: July 24, 2018
Docket Number: 16-5347
Justia Opinion Summary: Plaintiff, a former government contractor with security clearance, filed suit raising numerous constitutional and security claims after his security clearance was revoked. The district court dismissed 23 counts,…
Date: July 24, 2018
Docket Number: 17-1198
Justia Opinion Summary: Sorenson and VRSCA petitioned for review of the FCC's 2017 Order setting rates for Video Relay Service (VRS). The DC Circuit held that VRSCA failed to establish associational standing because it did not identify a…
Date: July 20, 2018
Docket Number: 15-1285
Date: July 20, 2018
Docket Number: 16-1413
Justia Opinion Summary: Natural Resources Defense Council and Sierra Club challenge and EPA rule used to determine whether an event caused by recurring activity was "natural," and thus "exceptional," or "caused by human activity," and thus not…
Date: July 20, 2018
Docket Number: 16-3089
Justia Opinion Summary: The DC Circuit reversed the district court's denial of defendant's motion for a sentence reduction under Sentencing Guideline Amendment 782, 18 U.S.C. 3582(c)(2). The court held that the district court erred in holding…
Date: July 20, 2018
Docket Number: 16-5065
Justia Opinion Summary: The DC Circuit reversed the district court's grant of summary judgment for USCIS in an action filed by plaintiff, under the Administrative Procedure Act, to renounce his United States citizenship. USCIS denied…
Date: July 20, 2018
Docket Number: 16-7065
Justia Opinion Summary: While district courts generally have discretion under Federal Rule of Civil Procedure 60(b)(5) to adjust the terms of an existing consent decree in light of changed circumstances, the issuance of a new injunction must…
Date: July 20, 2018
Docket Number: 16-7142
Justia Opinion Summary: Plaintiffs filed suit against Hezbollah and two foreign banks for injuries sustained during the attacks in northern Israel in 2006. In one action, American plaintiffs allege that Hezbollah's rocket attacks amounted to…
Date: July 20, 2018
Docket Number: 17-1059
Justia Opinion Summary: Once the NRC determines there is a significant deficiency in its National Environmental Policy Act (NEPA) compliance, it may not permit a project to continue in a manner that puts at risk the values NEPA protects simply…
Date: July 20, 2018
Docket Number: 17-5123
Justia Opinion Summary: The DC Circuit previously ruled that the Due Process Clause does not allow Amtrak to use an arbitration process to impose its preferred metrics and standards on its competitors, notwithstanding their opposition and that…
Date: July 17, 2018
Docket Number: 16-3126
Justia Opinion Summary: The DC Circuit affirmed defendant's 151 month sentence after he pleaded guilty to the distribution of child pornography. The court held that the district court did not abuse its discretion when applying the two-level…
Date: July 17, 2018
Docket Number: 16-5339
Justia Opinion Summary: The DC Circuit reversed the district court's judgment on the pleadings in an action brought by Judicial Watch under the Freedom of Information Act (FOIA), seeking records in response to nineteen travel-related FOIA…
Date: July 17, 2018
Docket Number: 17-1002
Justia Opinion Summary: The DC Circuit denied Big Bend's petitions for review of FERC's two orders authorizing facilities to export natural gas from the United States to Mexico. The court held that it lacked jurisdiction to consider Big Bend's…
Date: July 17, 2018
Docket Number: 17-1144
Justia Opinion Summary: The DC Circuit dismissed Matson's petition for review of three of the Maritime Administration's orders approving APL's requested replacement vessels in the Maritime Security Fleet. At issue was whether the three orders…
Date: July 17, 2018
Docket Number: 17-7024
Justia Opinion Summary: This appeal stemmed from plaintiff's claims that his union violated the transparency and fiduciary requirements of their members by failing to comply with document requests and by permitting its officers to enrich…
Date: July 17, 2018
Docket Number: 17-7035
Justia Opinion Summary: The district court granted summary judgment to the Standards Developing Organizations (SDOs) on their claims of direct copyright infringement, finding that they held valid and enforceable copyrights in the incorporated…
Date: July 17, 2018
Docket Number: 17-7138
Justia Opinion Summary: Plaintiff filed suit against SELEX, alleging that its denial of benefits violated the Employee Retirement Income Security Act of 1974 and breached its contractual duty to provide severance pay to eligible employees. The…
Date: July 17, 2018
Docket Number: 18-5004
Justia Opinion Summary: This case involved the "340B Program," which allowed certain hospitals to purchase outpatient drugs from manufacturers at or below specified prices. Plaintiffs filed suit challenging a regulation that sets the Outpatient…
Date: July 10, 2018
Docket Number: 16-1058
Justia Opinion Summary: The Board held in three separate orders that Chino violated the National Labor Relations Act (NLRA). The Board's prior petitions to enforce the first two orders were granted by the DC Circuit and the Ninth Circuit. At…
Date: July 10, 2018
Docket Number: 16-1230
Justia Opinion Summary: The DC Circuit denied Delaware's petition for review of the EPA's grant of an extension for a multistate region to comply with national ozone standards. After determining that Delaware may petition the court for review…
Date: July 10, 2018
Docket Number: 17-1219
Justia Opinion Summary: The Federal Mine Safety and Health Administration cited the Consolidation Coal Company for excavating an excess amount of rock from a collapsed tunnel, in violation of what the company's roof plan allowed. The ALJ…
Date: July 10, 2018
Docket Number: 17-5084
Justia Opinion Summary: In 2015, PennEast Pipeline sought a certificate to build a natural gas pipeline running through Pennsylvania and New Jersey. Riverkeeper intervened to oppose the project. In 2016, while the Commission was still reviewing…
Date: July 10, 2018
Docket Number: 17-7064
Justia Opinion Summary: Heirs of several Jewish art dealers doing business in Frankfurt, Germany in the 1930s sought to recover a valuable art collection (Welfenschatz) allegedly taken by the Nazis. The DC Circuit largely affirmed the district…
Date: July 9, 2018
Docket Number: 17-5114
Justia Opinion Summary: This litigation over attorney's fees stemmed from a Freedom of Information Act case. At issue was whether plaintiff was entitled to attorney's fees under the Freedom of Information Act attorney's fee statute. Applying a…
Date: July 6, 2018
Docket Number: 15-1487
Justia Opinion Summary: Petitioners challenged the EPA's final rule entitled "NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing" and the EPA's partial denial of reconsideration of the rule.…
Date: July 6, 2018
Docket Number: 15-5080
Justia Opinion Summary: Plaintiff filed suit against defendants, seeking compensatory and punitive damages after a thirteen-year delay in receiving a jury award against the RNC. The DC Circuit reversed the district court's sua sponte dismissal…
Date: July 6, 2018
Docket Number: 16-1195
Justia Opinion Summary: Petitioners challenged FERC's grant of a 30 year license to continue power generation on a portion of the Coosa River. The DC Circuit held that the Commission's environmental review and a biological opinion it relied on…
Date: July 6, 2018
Docket Number: 16-1302
Justia Opinion Summary: The DC Circuit denied a petition for review of the FAA's Small UAS Rule regulating certain unmanned aircraft (drones). Petitioner, a model aircraft hobbyist, contended that the rule exceeded the agency's statutory…
Date: July 6, 2018
Docket Number: 16-1328
Justia Opinion Summary: The DC Circuit granted the employer's petitions for review of the Board's order holding it had committed an unfair labor practice by failing to bargain with the union before terminating five employees. The Board held…
Date: July 3, 2018
Docket Number: 15-3027
Justia Opinion Summary: Defendant challenged the denial of a collateral attack pursuant to 28 U.S.C. 2255 on a conviction by a jury of crimes relating to a series of armed bank robberies. The DC Circuit held that defendant's contention that his…
Date: July 3, 2018
Docket Number: 16-3078
Justia Opinion Summary: The DC Circuit affirmed defendant's conviction under District of Columbia law of sexually abusing a minor, and under federal law of producing, possessing, and distributing child pornography. The court held that the jury…
Date: July 3, 2018
Docket Number: 16-7134
Justia Opinion Summary: The DC Circuit affirmed the district court's enforcement of the arbitration panel's award against Argentina. The panel held that Argentina was liable to AWG for breach of a contract for the country's water services.…
Date: July 3, 2018
Docket Number: 17-5140
Justia Opinion Summary: Plaintiffs sought a declaratory judgment that they were not subject to federal recordkeeping laws dealing with the distribution of cigarettes. The DC Circuit held that neither the Contraband Cigarette Trafficking Act of…
Date: July 3, 2018
Docket Number: 17-7067
Justia Opinion Summary: EIG, an American investment fund, filed suit against Petrobras and others, alleging counts of fraud, aiding and abetting fraud and civil conspiracy to commit fraud. EIG's claims stemmed from its loss of a $221 million…
Date: June 29, 2018
Docket Number: 15-3074
Justia Opinion Summary: The DC Circuit affirmed defendant's conviction for conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine. The court held that the presumption against extraterritoriality…
Date: June 29, 2018
Docket Number: 16-7077
Justia Opinion Summary: The DC Circuit affirmed the district court's refusal to set aside a jury verdict in favor of plaintiff on one of her due process claims. Plaintiff filed suit against the District after she was terminated based on…
Date: June 29, 2018
Docket Number: 17-5098
Justia Opinion Summary: The DC Circuit held that 42 C.F.R. 405.1885 does not apply to appeals from a fiscal intermediary to the Provider Reimbursement Review Board. Therefore, the court had no occasion to address whether the 2013 amendments to…
Date: June 29, 2018
Docket Number: 17-5136
Justia Opinion Summary: At issue was whether plaintiff's employment discrimination claims under Title VII, 42 U.S.C. 2000e et seq., were subject to ordinary principles of res judicata, even though at the time she filed her earlier suit she had…
Date: June 26, 2018
Docket Number: 16-7146
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment to police officers in an action alleging that they violated plaintiff's Fourth Amendment rights by arresting him without probable cause and using…
Date: June 26, 2018
Docket Number: 17-5122
Justia Opinion Summary: Plaintiff filed suit against the DOJ for violating the Freedom of Information Act (FOIA), 5 U.S.C. 552, in an action seeking records from the FBI relating to a deceased Internet activist. The court held that the FBI met…
Date: June 22, 2018
Docket Number: 16-1150
Justia Opinion Summary: Federal Energy Regulatory Commission Order 1000 encourages the development of “interregional” electricity transmission projects, calling for regional providers to jointly evaluate interregional projects. Poviders must…
Date: June 22, 2018
Docket Number: 16-3123
Justia Opinion Summary: Proctor, a cocaine user and informant, told the Metropolitan Police Department that a"Boo" was selling crack cocaine in Lincoln Heights. The cell-phone number Proctor provided belonged to Haight. Shown a photograph…
Date: June 19, 2018
Docket Number: 15-5294
Justia Opinion Summary: Plaintiffs filed suit claiming that the Secretary's failure to supplement the Federal Coal Management Program's programmatic environmental impact statement (PEIS) violated both the National Environmental Policy Act…
Date: June 19, 2018
Docket Number: 16-1297
Justia Opinion Summary: The DC Circuit dismissed EPIC's petition for review of the FAA's rule promulgated under the FAA Modernization and Reform Act of 2012, in which Congress directed the Secretary to consider whether certain small unmanned…
Date: June 19, 2018
Docket Number: 16-5356
Justia Opinion Summary: The DC Circuit affirmed the district court's judgment that certain documents subpoenaed by the FTC were covered by the attorney-client privilege. The court held that obtaining or providing legal advice was one of the…
Date: June 19, 2018
Docket Number: 17-1158
Justia Opinion Summary: The DC Circuit granted Verizon's petition for review of the Board's decision affirming the ALJ's finding that Verizon’s discharge of an employee for lying during an investigation was a pretext to rid the company of a…
Date: June 15, 2018
Docket Number: 15-3056
Justia Opinion Summary: Defendants Brown, Boston, and Mathews were convicted of crimes related to the unlawful distribution of PCP. Defendant Ira Adona pleaded guilty before trial. The DC Circuit affirmed Brown and Boston's convictions and…
Date: June 15, 2018
Docket Number: 15-3060
Justia Opinion Summary: Defendants Stoddard and Woodruff were convicted of conspiracy to distribute and possess with intent to distribute heroin. Defendant Cobble, who was tried together with Stoddard and Woodruff, was acquitted of the same…
Date: June 15, 2018
Docket Number: 16-1111
Justia Opinion Summary: After Old Dominion found that its operational costs during the January 2014 polar vortex outstripped the amounts it could charge for electricity under the governing tariff, it asked the Commission to waive provisions of…
Date: June 15, 2018
Docket Number: 16-1133
Justia Opinion Summary: The DC Circuit denied Duke's petition for review of the Commission's denial of Duke's complaint against PJM under the Federal Power Act (FPA), 16 U.S.C. 825e. To prepare for a bitterly cold day during the January 2014…
Date: June 15, 2018
Docket Number: 16-1303
Justia Opinion Summary: The DC Circuit held that substantial evidence supported the Board's determination that petitioners violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), when they refused to…
Date: June 15, 2018
Docket Number: 16-1338
Justia Opinion Summary: The DC Circuit granted a petition seeking review of the Board's determination that the issuance of a letter seeking union dues from employees of the Hyatt Regency Hotel in Hawaii, who formally declined full membership in…
Date: June 15, 2018
Docket Number: 16-3052
Justia Opinion Summary: The DC Circuit affirmed the district court's denial of defendant's motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). Although the district court concluded defendant was eligible to have his sentence…
Date: June 15, 2018
Docket Number: 17-3095
Justia Opinion Summary: The DC Circuit joined its sister circuits and held that defendant was ineligible for a sentence reduction under 18 U.S.C. 3582(c)(2) because Amendment 782 does not lower the sentencing range in the career-offender…
Date: June 15, 2018
Docket Number: 17-5049
Justia Opinion Summary: Petitioners, CREW and its executive director, filed suit alleging that the Commission acted "contrary to law" in 2015 when it dismissed their administrative complaint against an unincorporated association. On appeal,…
Date: June 8, 2018
Docket Number: 14-3003
Justia Opinion Summary: The DC Circuit affirmed defendant's conviction for twenty-one counts of bank fraud and other offenses. The court held that the district court did not abuse its discretion by admitting evidence of a judgment in a related…
Date: June 8, 2018
Docket Number: 16-1261
Justia Opinion Summary: The DC Circuit granted the Company's petition for review challenging the Board's decision holding that the relationship between the Union and the Company was governed by Section 9(a), rather than Section 8(f), of the…
Date: June 8, 2018
Docket Number: 16-1342
Justia Opinion Summary: At issue in this case are the ramifications of a utility filing more than one rate with FERC during the time in which the utility negotiates an agreement with a prospective customer. The DC Circuit denied the petition…
Date: June 8, 2018
Docket Number: 16-1344
Justia Opinion Summary: The DC Circuit denied petitions for review challenging the Amendments to Regional Consistency Regulations adopted by the EPA pursuant to section 7601 of the Clean Air Act (CAA), 42 U.S.C. 7601. The Amended Regulations…
Date: June 8, 2018
Docket Number: 16-5267
Justia Opinion Summary: The DC Circuit affirmed the district court's dismissal based on lack of subject matter jurisdiction of CMS's decision declining to hear Mercy Hospital's challenge to its reimbursement rate for fiscal years 2002 through…
Date: June 8, 2018
Docket Number: 17-5110
Justia Opinion Summary: Washtech, a union representing workers throughout the country in the STEM labor market, challenged DHS's regulations allowing nonimmigrant aliens temporarily admitted to the country as students to remain in the country…
Date: June 8, 2018
Docket Number: 17-7100
Justia Opinion Summary: After sixteen-year-old Yaakov Naftali Fraenkel and two of his classmates were taken hostage and killed by members of Hamas, his family filed suit in district court against Iran and Syria under the terrorism exception to…
Date: June 1, 2018
Docket Number: 16-1305
Justia Opinion Summary: The DC Circuit denied the Arkansas Commission's petition for review of a final FERC order. The FERC order held that an operating company withdrawing from a multi-state energy system must continue to share the proceeds of…
Date: June 1, 2018
Docket Number: 17-5128
Justia Opinion Summary: The DC Circuit held that two Federal Trade Commission attorneys were immune from suit for their conduct during an enforcement action against a medical-records company after the company's CEO publicly criticized the FTC…
Date: June 1, 2018
Docket Number: 17-7004
Justia Opinion Summary: Plaintiff filed suit alleging that the denial of full compensation for the land allegedly seized from her family during the Cold War (the Estate) violated the bilateral Treaty of Friendship, Commerce and Navigation…
Date: June 1, 2018
Docket Number: 17-7073
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment for defendants in a 42 U.S.C. 1983 action alleging violation of plaintiff's rights to freedom of speech and freedom of unreasonable seizures. In this…
Date: May 29, 2018
Docket Number: 15-1336
Justia Opinion Summary: The DC Circuit denied ILWU's petition for review of the Board's decision and order concluding that an employer was obligated to bargain with IAM over the termination of PMMC's unit employees and that the employer's…
Date: May 29, 2018
Docket Number: 17-1147
Justia Opinion Summary: The DC Circuit granted Tramont's petition for review in part, remanding for the Board to provide an explanation of the legal standard it applied when determining which subjects of mandatory bargaining were displaced by a…
Date: May 25, 2018
Docket Number: 12-3036
Justia Opinion Summary: Defendant was convicted of possession of a firearm, possession with intent to distribute cocaine, and possession of a firearm during a drug trafficking offense. The DC Circuit held that any error in admitting prior…
Date: May 25, 2018
Docket Number: 17-1043
Justia Opinion Summary: The DC Circuit denied a petition for review of the FAA's refusal to grant petitioner, a type-one diabetic, a medical certificate required for commercial flight. In this case, petitioner had declined to provide data from…
Date: May 22, 2018
Docket Number: 16-1354
Justia Opinion Summary: The DC Circuit denied petitions for review of the Commission's two orders directing the Postal Service to include among the "costs attributable" to competitive products those costs that would disappear were the Postal…
Date: May 22, 2018
Docket Number: 16-1454
Justia Opinion Summary: The DC Circuit affirmed the Tax Court's holding that Mellow was subject to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), 26 U.S.C. 6221–6234 (2012), proceedings. The court held that the record made clear…
Date: May 18, 2018
Docket Number: 16-1370
Justia Opinion Summary: Petitioner challenged the Board's finding that it violated the unilateral change doctrine and the duty to provide relevant information during negotiations with its employees' bargaining representatives, SEIU, 121RN, and…
Date: May 18, 2018
Docket Number: 16-1416
Justia Opinion Summary: Petitioners challenged EPA's final rule listing the West Vermont Drinking Water Contamination Site on the National Priorities List (NPL) of hazardous waste sites that are high priorities for remedial action. The DC…
Date: May 18, 2018
Docket Number: 17-3001
Justia Opinion Summary: The DC Circuit affirmed in part, reversed in part, and vacated in part defendant's resentence. The court held that his challenges to the firearm and role-in-the-offense enhancements were meritorious because the district…
Date: May 15, 2018
Docket Number: 16-5299
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment against plaintiff in an action alleging that his supervisors at the EPA discriminated against him because of his age, in violation of the Age…
Date: May 15, 2018
Docket Number: 17-5154
Justia Opinion Summary: Liquidators petitioned for writ of mandamus to compel the DC district court's compliance with a Second Circuit mandate in an action involving claims to $6.8 million of alleged illegal proceeds from a New York bank…
Date: May 11, 2018
Docket Number: 17-1012
Justia Opinion Summary: The DC Circuit denied a petition for review of the Secretary of Transportation's award of a foreign air carrier permit to Norwegian Air International Limited. Petitioners, four airline-employee unions, argued that the…
Date: May 11, 2018
Docket Number: 17-1089
Justia Opinion Summary: The DC Circuit granted a petition for review of the differential treatment by Galveston Port to petitioners, who operate shuttle buses, as compared to taxis and limos. The court held that the FMC's decision accepting…
Date: May 9, 2018
Docket Number: 18-5032
Justia Opinion Summary: Appellee, a United States citizen who has been detained by the United States military in Iraq for several months, sought release from military custody in a habeas corpus action. While the habeas petition remained…
Date: May 8, 2018
Docket Number: 17-1058
Justia Opinion Summary: The DC Circuit denied a petition for review of the Board's finding that Local 58's policy on resignation and revocation of dues-deduction authorization was an unlawful restriction on its members' statutory rights.…
Date: May 4, 2018
Docket Number: 16-1311
Justia Opinion Summary: The DC Circuit denied StaffCo's petition for review of the Board's order finding that it violated section 8(a)(5) and (1) of the National Labor Relations Act by unilaterally discontinuing contributions to a Union pension…
Date: May 4, 2018
Docket Number: 16-1315
Justia Opinion Summary: The Company petitioned for partial review of the Board's finding that it violated Section 8(a)(1) of the National Labor Relations Act. At issue was whether the Board's finding that a dancer was discharged for engaging in…
Date: May 1, 2018
Docket Number: 16-1350
Justia Opinion Summary: PruittHealth appealed the Board's finding that the company's refusal to bargain constituted an unfair labor practice under Section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), and order…
Date: May 1, 2018
Docket Number: 16-7113
Justia Opinion Summary: Parents of Z.B. filed suit alleging that DCPS failed to offer Z.B. a fourth grade education appropriate to her needs under the Individuals with Disabilities Education Act. The DC Circuit affirmed the district court's…
Date: May 1, 2018
Docket Number: 17-3039
Justia Opinion Summary: A district court's failure to comply with Federal Rules of Criminal Procedure 11(b)(1)(N), by failing to discuss the appeal waiver at the plea hearing, does not affect a defendant's substantial rights if the defendant…
Date: April 27, 2018
Docket Number: 17-3008
Justia Opinion Summary: The DC Circuit affirmed defendant's sentence, holding that the district court's resentencing decision was eminently reasonable. In this case, defendant argued that the hearing before the district court was tainted…
Date: April 27, 2018
Docket Number: 17-5074
Justia Opinion Summary: The DC Circuit affirmed the district court's dismissal of a complaint seeking an injunction and declaratory relief to block the Department from pursuing administrative actions to determine whether Arch was obligated to…
Date: April 27, 2018
Docket Number: 17-5093
Justia Opinion Summary: SBA filed suit seeking to enjoin rescission of an informal opinion letter issued by the FTC (the 2016 Letter). The 2016 Letter stated that it was the FTC staff's opinion that telemarketing technology used by SBA's…
Date: April 24, 2018
Docket Number: 16-1244
Justia Opinion Summary: The DC Circuit granted a petition for review of FERC's assertion of Natural Gas Act (NGA) jurisdiction over the transportation and sale of natural gas for resale from the City of Clarksville, Tennessee to the City of…
Date: April 13, 2018
Docket Number: 15-7023
Justia Opinion Summary: In 2011, Metropolitan Police Officer Leo and three other officers, part of the Gun Recovery Unit, encountered Briscoe in an apartment parking lot. When an officer asked Briscoe if he was carrying a gun, Briscoe fled. Two…
Date: April 13, 2018
Docket Number: 16-1278
Justia Opinion Summary: In 2008 Oncor began installing smart meters that can report customers’ electricity usage remotely, eliminating the need for personal inspection and the associated labor costs. In 2012 a Texas Senate committee…
Date: April 13, 2018
Docket Number: 16-5240
Justia Opinion Summary: The Indian Gaming Regulatory Act allows a federally-recognized Indian tribe to conduct gaming on lands held in trust by the Secretary of the Interior for the tribe’s benefit, 25 U.S.C. 2710(b)(1), 2703(4)(B) if the lands…
Date: April 6, 2018
Docket Number: 15-1038
Justia Opinion Summary: Telecommunications carriers with legacy obligations petitioned for review challenging the FCC's decision to hold their obligations in place during an interim period. The DC Circuit denied the petitions for review for two…
Date: April 6, 2018
Docket Number: 16-1284
Justia Opinion Summary: The DC Circuit granted the Postal Service's petition for review of the Commission's orders ruling that a mail preparation change constitutes a change in rates if it results "in the deletion of a rate cell" or "in the…
Date: April 6, 2018
Docket Number: 16-1412
Justia Opinion Summary: The DC Circuit granted the Postal Service's petition for review of the Commission's orders holding that the discontinuation of a service on the Postal Service's authorized list of market dominant products also amounted…
Date: March 30, 2018
Docket Number: 17-1102
Justia Opinion Summary: The DC Circuit affirmed the Board's finding that PI was a successor employer and thus violated Sections 8(a)(5) and (1) of the National Labor Relations Act by refusing to recognize and bargain with the union. The court…
Date: March 30, 2018
Docket Number: 17-3015
Justia Opinion Summary: Defendant was convicted of five counts related to his role in a scheme to steal from a labor union. The DC Circuit applied de novo review and held that counts one and two charged the same conspiracy and were therefore…
Date: March 27, 2018
Docket Number: 15-1285
Justia Opinion Summary: Georgetown University and others petitioned for review of the FAA's approval of new flight paths that would bring planes closer to the Georgetown neighborhood of Washington, D.C. Petitioners alleged that the FAA failed…
Date: March 27, 2018
Docket Number: 17-5133
Justia Opinion Summary: Plaintiffs, parents of two State Department employees that died during the September 11, 2012 attacks on United States facilities in Benghazi, Libya, filed suit against former Secretary of State Hillary Rodham Clinton…
Date: March 23, 2018
Docket Number: 16-1368
Justia Opinion Summary: After the Board charged petitioner and found that he violated the Board's rules and auditing standards, he petitioned to vacate the orders and sanctions against him. The D.C. Circuit held that the Board infringed…
Date: March 23, 2018
Docket Number: 17-3012
Justia Opinion Summary: The D.C. Circuit affirmed defendant's 20-month sentence for failing to remove asbestos-containing material prior to renovation. The court did not reach the merits of defendant's claims because he waived his ability to…
Date: March 20, 2018
Docket Number: 12-1342
Justia Opinion Summary: Conservation petitioners challenged the portion of the EPA's Final Rule, which implemented Congress's effort to restore air quality and visibility in certain national parks and wilderness areas (Class I areas), allowing…
Date: March 20, 2018
Docket Number: 16-1299
Justia Opinion Summary: The FDA counted both the sale to a minor and the failure to verify age as two separate violations on Orton's second failed inspection and assessed the maximum penalty of $500 for three violations within a 24-month period…
Date: March 16, 2018
Docket Number: 15-1211
Justia Opinion Summary: Numerous regulated entities petitioned for review of a 2015 order in which the Commission sought to clarify various aspects of the Telephone Consumer Protection Act's (TCPA) general bar against using automated dialing…
Date: March 16, 2018
Docket Number: 15-5324
Justia Opinion Summary: In Fourstar v. Garden City Grp., Inc., 875 F.3d 1147 (D.C. Cir. 2017), the district court decided that under the Prison Litigation Reform Act (PLRA), a district court's decision to decline to exercise supplemental…
Date: March 16, 2018
Docket Number: 16-1021
Justia Opinion Summary: Sierra Club challenged EPA's reconsideration of rules under the Clean Air Act that govern emissions to toxic pollutants from industrial boilers. The DC Circuit held that EPA did not adequately justify its change of…
Date: March 16, 2018
Docket Number: 16-1176
Justia Opinion Summary: NorthWestern challenged FERC's determination that its proposed rate was not just and reasonable. The DC Circuit held that FERC's decision in this case was reasonable and reasonably explained where FERC reasonably…
Date: March 9, 2018
Docket Number: 14-7009
Justia Opinion Summary: After Torres Advanced terminated Plaintiffs Elliott and Sickle's contracts when Elliott sought workers' compensation benefits under the Defense Base Act, 42 U.S.C. 1651, and Sickle medically documented Elliott's claim,…
Date: March 6, 2018
Docket Number: 09-1038
Justia Opinion Summary: Petitioners challenged the EPA's final rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight. In 2017, the DC Circuit upheld…
Date: March 6, 2018
Docket Number: 16-1296
Justia Opinion Summary: Anticipating the expiration of the fifty-year license for the Catawba-Wateree Project, Duke Energy petitioned for review of FERC's grant of a forty-year license. At issue was whether the Commission reasonably found that…
Date: March 6, 2018
Docket Number: 16-1382
Justia Opinion Summary: In 2004, the Commission found that certain of Entergy's rates were unjust and unreasonable. On a challenge by the LPSC, the DC Circuit remanded the case to the Commission because it had adequately failed to explain its…
Date: March 6, 2018
Docket Number: 16-1427
Justia Opinion Summary: Petitioner sought review of the Board's determination that it violated the National Labor Relations Act by refusing to bargain with the union. Petitioner claimed that the Board unreasonably discounted two threats that…
Date: March 6, 2018
Docket Number: 16-5270
Date: March 2, 2018
Docket Number: 17-7051
Justia Opinion Summary: Where a foreign broadcaster uploads copyrighted content to its website and directs that content onto a computer screen in the United States at a user's request, the broadcaster commits an actionable domestic violation of…
Date: February 23, 2018
Docket Number: 16-1356
Justia Opinion Summary: The DC Circuit denied a petition for review of the FAA's "airworthiness directive," that mandated removal of some of petitioner's engine cylinder assemblies. The court held that the FAA's conclusion that AEC63 cylinder…
Date: February 23, 2018
Docket Number: 17-7106
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of Google's motion to dismiss in an action brought by plaintiff and her company against Google for failing to remove an offensive blog post. Plaintiff alleged three…
Date: February 16, 2018
Docket Number: 15-1115
Justia Opinion Summary: These consolidated petitions challenged the EPA's final rule entitled "Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Review Requirements." The DC Circuit granted…
Date: February 16, 2018
Docket Number: 16-1248
Justia Opinion Summary: This case arose from an agreement the parties entered into for the sale of appellant's radio station to Entercom upon approval by the FCC. The DC Circuit denied appellant's appeal and dismissed as moot his central claim…
Date: February 13, 2018
Docket Number: 16-5258
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment in favor of the Office of Foreign Assets Control and the Department of state in an action alleging disclosures of plaintiff's personal identifying…
Date: February 9, 2018
Docket Number: 17-5004
Justia Opinion Summary: LSTA represents firms that serve as investment managers of open-market collateralized loan obligations (CLO). LSTA challenged the defendant agencies' decision, embodied in the Credit Risk Retention Rule, to apply the…
Date: February 6, 2018
Docket Number: 16-1093
Justia Opinion Summary: The DC Circuit dismissed KCC's petition for review, holding that KCC has not suffered an injury in fact sufficient to establish standing. KCC asserted that the Commission acted unlawfully by approving formula rates—which…
Date: February 6, 2018
Docket Number: 16-5045
Justia Opinion Summary: Plaintiff, individually and through his consulting business, filed suit against defendants, alleging reputational injury caused by reports from the DOL-OIG and the OPM. The DC Circuit reversed the district court's denial…
Date: February 2, 2018
Docket Number: 15-1071
Justia Opinion Summary: Petitioners challenged four FERC orders that uphold the current iteration of the Tariff that governs electricity rates in New England. The Tariff, a patchwork of rules and orders adopted by the Independent System…
Date: February 2, 2018
Docket Number: 17-7082
Justia Opinion Summary: Leidos moved to convert an arbitration award into U.S. dollars based on the exchange rate on July 2, 2013, the date of the original arbitral award. The DC Circuit reversed the district court's grant of the motion,…
Date: January 31, 2018
Docket Number: 15-1177
Justia Opinion Summary: The DC Circuit granted en banc review to consider whether the federal statute providing the Director of the CFPB with a five-year term in office, subject to removal by the President only for "inefficiency, neglect of…
Date: January 30, 2018
Docket Number: 16-5310
Justia Opinion Summary: The DC Circuit affirmed the district court's denial of plaintiffs' motion to compel payment of attorneys' fees that they say should have been but were not paid as a result of PBGC doing too little to identify and make…
Date: January 26, 2018
Docket Number: 15-1453
Justia Opinion Summary: The DC Circuit denied petitions for review challenging FERC's orders approving PJM's tariff that determined the rates paid to energy providers for providing electric capacity in the broad mid-Atlantic region. Petitioners…
Date: January 26, 2018
Docket Number: 16-1075
Justia Opinion Summary: FERC issued a series of orders empowering incoming generators within the Midcontinent Independent System Operator (MISO) region to elect to self-fund this new construction, or to seek financing from third parties,…
Date: January 26, 2018
Docket Number: 16-7124
Justia Opinion Summary: Plaintiffs filed suit against defendants under D.C. tort law after their son was killed in a drunken brawl outside a bar. The DC Circuit held, based on precedent, that the allegations, if true, stated a claim against the…
Date: January 19, 2018
Docket Numbers: 16-1023, 16-1024
Justia Opinion Summary: Petitioners challenged two sets of orders issued by the Commission regarding a scarcity pricing mechanism in the New England power market. The DC Circuit held that the exhaustion requirements of the Federal Power Act…
Date: January 19, 2018
Docket Number: 16-1298
Justia Opinion Summary: The Councils petitioned for review of the Commission's decision to issue a license to Strata to mine uranium in Crook County, Wyoming. The DC Circuit denied the petition and rejected the Councils' claims that the Board…
Date: January 12, 2018
Docket Number: 16-5327
Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment to the Department in an action challenging the Department's decision to take a tract of land into trust for the North Fork Rancheria of Mono Indians…
Date: January 12, 2018
Docket Number: 16-5355
Justia Opinion Summary: Commercial truck drivers and their industry association filed suit claiming that they were injured by the Department's violation of its statutory obligation to ensure the accuracy of a database containing driver-safety…
Date: January 12, 2018
Docket Number: 17-5009
Justia Opinion Summary: The DC Circuit reversed the district court's dismissal of a complaint for lack of subject matter jurisdiction. This appeal stemmed from plaintiff's efforts to recover fraudulent transfers made as a part of a Ponzi…
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