2018 D.C. Circuit US Court of Appeals Case Law

Masias v. EPA  
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...

Old Dominion Electric Coop. v. FERC (ORDER)
Date: October 16, 2018
Docket Number: 17-1040
Katopothis v. Windsor-Mount Joy Mutual Insurance Co.  
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 homeowner...

Palacios v. Spencer  
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. Af...

ANR Storage Co. v. FERC  
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 F...

SoundExchange, Inc. v. Copyright Royalty Board and Librarian of Congress  
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 sustaine...

Citizens for Responsibility a v. FEC
Date: September 15, 2018
Docket Number: 18-5261
Ford v. Massarone  
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...

Teachers College, Columbia University v. NLRB  
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 represe...

United States v. Mosquera-Murillo  
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 Imp...

Utility Solid Waste Activities v. Environmental Protection Agency  
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 stru...

Lewis v. Pension Benefit Guaranty Corp.  
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...

United States v. Machado-Erazo  
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...

In re: Sealed Case  
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 a...

People for the Ethical Treatment of Animals v. HHS  
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 o...

Air Alliance Houston v. EPA  
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 mon...

Hispanic Affairs Project v. Acosta  
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 tha...

American Freedom Defense Initiative v. Washington Metropolitan Transit Authority  
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. T...

American Institute of Certified Accountants v. IRS  
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 s...

Green Gas Delaware Statutory Trust v. Commissioner  
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 tha...

ABC Aerolineas, S.A. de C.V. v. DOT  
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 Airpor...

Ranowsky v. National Railroad Passenger Corp.  
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 h...

Khalid Qassim v. Donald Trump (En Banc Order)
Date: August 14, 2018
Docket Number: 18-5148
United States v. Williamson  
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 Cons...

Capital Medical Center v. NLRB  
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...

Steele v. Mattis  
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 Natio...

Billings Clinic v. Azar  
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 t...

Fares v. Smith  
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...

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A  
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 palet...

Helmerich & Payne International Drilling Co. v. Bolivarian Republic of Venezuela  
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...

Al-Alwi v. Trump  
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 activit...

CC1 Limited Partnership v. NLRB  
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 empl...

United States v. Eshetu  
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 t...

Advanced Life Systems Inc. v. NLRB  
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 befor...

Bartko v. DOJ  
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 acknow...

Old Dominion Electric Coop. v. FERC  
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 ben...

Verso Corp. v. FERC  
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...

Hospital of Barstow, Inc. v. NLRB  
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 agreem...

Sluss v. DOJ  
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 pris...

Katopothis v. Windsor-Mount Joy Mutual Insurance Co.  
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...

NextEra Energy Resources, LLC v. FERC  
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 ene...

United States v. Murray  
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 sentencin...

Archdiocese of Washington v. Washington Metropolitan Area Transit Authority  
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 Guidel...

United States v. Manafort  
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 conten...

Hill v. Associates for Renewal in Education, Inc.  
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 ref...

City of Boston Delegation v. FERC  
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 b...

Good Fortune Shipping SA v. Commissioner  
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...

Owens v. BNP Paribas, SA  
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 fin...

Waters v. Lockett  
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. Def...

Utility Workers Union of America Local 464 v. FERC  
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 al...

Palmieri v. United States  
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, partiall...

Sorenson Communications, LLC v. FCC  
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 specif...

Citizens Assn of Georgetown, et al v. FAA, et al (Reissued)
Date: July 20, 2018
Docket Number: 15-1285
Natural Resources Defense Council v. EPA  
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...

United States v. Smith  
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 t...

Kaufman v. Nielsen  
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 plaintiff'...

Salazar v. District of Columbia  
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 me...

Chaim Kaplan, et al v. Hezbollah, et al
Date: July 20, 2018
Docket Number: 16-7122
Kaplan v. Central Bank of Iran  
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 ac...

Oglala Sioux Tribe v. NRC  
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...

Association of American Railroads v. DOT  
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...

United States v. Mattea  
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 com...

Judicial Watch, Inc. v. DHS  
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 reque...

Big Bend Conservation Alliance v. FERC  
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...

Matson Navigation Company, Inc. v. DOT  
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 w...

Noble v. Dunn  
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 themse...

American Society for Testing v. Public.Resource.Org, Inc.  
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 s...

Peck v. Selex Systems Integration, Inc.  
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...

American Hospital Ass'n v. Azar  
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...

USA v. Paul Manafort, Jr.
Date: July 12, 2018
Docket Number: 18-3037
James Roberts v. NTSB
Date: July 10, 2018
Docket Number: 14-1022
Veritas Health Services, Inc. v. NLRB  
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 is...

Delaware Department of Natural Resources v. EPA  
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 o...

Secretary of Labor v. Consolidation Coal Company  
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 reduce...

Delaware Riverkeeper Network v. FERC  
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...

Philipp v. Federal Republic of Germany  
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...

Morley v. CIA  
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...

Sierra Club v. EPA  
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....

Croley v. Joint Committee on Judicial Administration  
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...

American Rivers and Alabama Rivers Alliance v. FERC  
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...

Taylor v. FAA  
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 author...

Pennsylvania State Corrections Association v. NLRB  
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 tha...

United States v. Aguiar  
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...

United States v. Torres  
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...

Republic of Argentina v. AWG Group Ltd.  
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. Arge...

Ho-Chunk, Inc. v. Sessions  
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...

EIG Energy Fund XIV, L.P. v. Petroleo Brasileiro, S.A.  
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 in...

United States v. Sitzmann  
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 app...

Campbell v. District of Columbia  
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 accusat...

Saint Francis Medical Center v. Azar  
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...

Ashbourne v. Hansberry  
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...

Hedgpeth v. Rahim  
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 exc...

Shapiro v. DOJ  
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...

Ameren Services Co. v. Federal Energy Regulatory Commission  
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 ad...

United States v. Haight  
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 Proc...

Western Organization of Resource Councils v. Zinke  
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 (NEPA...

Electronic Privacy Information Center v. FAA  
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 ai...

FTC v. Boehringer Ingelheim Pharmaceuticals, Inc.  
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 sig...

Cellco Partnership v. NLRB  
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 pro...

United States v. Brown  
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 sent...

United States v. Stoddard  
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 cha...

Old Dominion Electric Cooperative v. FERC  
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...

Duke Energy Corp. v. FERC  
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 po...

Island Architectural Woodwork v. NLRB  
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 re...

Tamosiunas v. NLRB  
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...

United States v. Galaviz  
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 reduced...

United States v. Akers  
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 provis...

Citizens for Responsibility and Ethics in Washington v. FEC  
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, CRE...

United States v. Grey  
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...

Colorado Fire Sprinkler, Inc. v. NLRB  
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 Nat...

ESI Energy, LLC v. FERC  
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 fo...

National Environmental Development Association's Clean Air Project v. EPA  
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 we...

Mercy Hospital, Inc. v. Azar  
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 2...

Washington Alliance of Technology Workers v. DHS  
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 f...

Fraenkel v. Islamic Republic of Iran  
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...

Arkansas Public Service Comm. v. FERC  
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...

Daugherty v. Sheer  
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 a...

Schubarth v. Federal Republic of Germany  
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 betwe...

McGovern v. Brown  
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...

International Longshore & Warehouse Union v. NLRB  
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 recog...

Tramont Manufacturing, LLC v. NLRB  
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...

United States v. Winstead  
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 crime...

Friedman v. FAA  
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...

United Parcel Service, Inc. v. PRC  
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 Se...

Mellow Partners v. Commissioner of Internal Revenue Service  
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...

Prime Healthcare Services-Encino LLC v. NLRB  
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...

Genuine Parts Co. v. EPA  
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 Circu...

United States v. Miller  
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...

Drielak v. Pruitt  
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 Discrim...

In Re: Trade and Commerce Bank  
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 accoun...

Air Line Pilots Association v. Chao  
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 ai...

Santa Fe Discount Cruise Parking v. FMC  
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 tha...

Doe v. James Mattis  
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 pending...

Local 58 v. NLRB  
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. Rather...

StaffCo of Brooklyn, LLC v. NLRB  
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...

David Saxe Productions, LLC v. NLRB  
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...

PruittHealth-Virginia Park, LLC v. NLRB  
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...

Z. B. v. District of Columbia  
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 hol...

United States v. Lee  
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 st...

United States v. Kpodi  
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 becaus...

Arch Coal, Inc. v. Acosta  
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 p...

Soundboard Association v. FTC  
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 member...

City of Clarksville, Tennessee v. FERC  
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 Gut...

Lane v. District of Columbia  
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...

Oncor Electric Delivery Compan v. National Labor Relations Board  
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 investigate...

Butte County, California v. Chaudhuri  
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...

AT&T, Inc. v. FCC  
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...

USPS v. PRC  
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 red...

USPS v. PRC  
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 t...

Publi-Inversiones de Puerto Rico, Inc. v. NLRB  
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 u...

United States v. Cooper  
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 no...

Citizens Association of Georgetown v. FAA  
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 t...

Smith v. Clinton  
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 fo...

Laccetti v. SEC  
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 plainti...

United States v. Powers  
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 ap...

Utility Air Regulatory Group v. EPA  
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...

Orton Motor, Inc. v. HHS  
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...

ACA International v. FCC  
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 de...

Ladeairous v. Sessions  
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 jurisd...

Sierra Club v. EPA  
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 direc...

NorthWestern Corp. v. FERC  
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 modifie...

Sickle v. Torres Advanced Enterprise Solutions, LLC  
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, p...

Angela Clemente v. FBI (ORDER)
Date: March 9, 2018
Docket Number: 16-5067
American Petroleum Institute v. EPA  
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...

Duke Energy Carolinas, LLC v. FERC  
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...

Louisiana Public Service Commission v. FERC  
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 r...

Equinox Holdings, Inc. v. NLRB  
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 ta...

Detroit International Bridge v. Government of Canada (ORDER)
Date: March 6, 2018
Docket Number: 16-5270
Spanski Enterprises, Inc. v. Telewizja Polska, S.A.  
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...

Airmotive Engineering Corp. v. FAA  
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 a...

Bennett v. Google LLC  
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 stat...

South Coast Air Quality Management District v. EPA  
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 E...

Stolz v. FCC  
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...

Chichakli v. Tillerson  
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 in...

The Loan Syndications and Trading Assoc. v. SEC  
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 cre...

City of Phoenix, Arizona v. Michael Huerta (ORDER)
Date: February 7, 2018
Docket Number: 15-1158
Kansas Corporation Commission v. FERC  
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...

Liff v. Office of Inspector General  
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...

New England Power Generators Association, Inc. v. FERC  
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 Operato...

Leidos, Inc. v. Hellenic Republic  
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, holdin...

PHH Corp. v. CFPB  
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 dut...

Collins v. PBGC  
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 pa...

PJM Power Providers Group v. FERC  
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...

Ameren Services Co. v. FERC  
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, regard...

Casey v. McDonald's Corp.  
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...

New England Power Generators Association v. FERC  
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 (FP...

Natural Resources Defense Council v. NRC  
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 w...

Stand Up For California! v. DOI  
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...

Owner-Operator Independent Drivers Association v. DOT  
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 i...

Feldman v. FDIC  
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 scheme...