2020 D.C. Circuit US Court of Appeals Case Law

Maloney v. Murphy  
Date: December 29, 2020
Docket Number: 18-5305

Justia Opinion Summary: The DC Circuit held that the members of the House of Representatives' Committee on Oversight and Reform who requested agency information under 5 U.S.C. 2954 have standing under Article III to enforce their statutorily co...

United States v. White  
Date: December 29, 2020
Docket Number: 19-3058

Justia Opinion Summary: The DC Circuit reversed the district court's denial of appellants' motions for reduced sentences under section 404 of the First Step Act. The court held that the district court erred in determining that if a defendant wa...

Akhmetshin v. Browder  
Date: December 29, 2020
Docket Number: 19-7129

Justia Opinion Summary: Appellant, a resident of the District of Columbia and a dual citizen of the United States and the Russian Federation, filed a defamation action in district court against appellee, a nonresident alien and citizen of the U...

J. T. v. District of Columbia  
Date: December 29, 2020
Docket Number: 19-7136

Justia Opinion Summary: Plaintiff filed suit alleging that DCPS failed to provide her son with a free appropriate public education (FAPE) based on his 2017 individualized education program (IEP). The DC Circuit affirmed the district court's dis...

American Hospital Ass'n v. Azar  
Date: December 29, 2020
Docket Number: 20-5193

Justia Opinion Summary: Pursuant to the Affordable Care Act, Congress required hospitals to make public "a list" of "standard charges" in accordance with guidelines developed by the Secretary of Health and Human Services. The Hospital and other...

National Lifeline Association v. Federal Communications Commission  
Date: December 22, 2020
Docket Number: 20-1006

Justia Opinion Summary: The FCC’s Lifeline program offers low-income consumers discounts on telephone and broadband Internet access services. Qualified consumers receive service from eligible telecommunications carriers (ETCs), which receive a...

PSSI Global Services, LLC v. Federal Communications Commission  
Date: December 18, 2020
Docket Number: 20-1142

Justia Opinion Summary: The DC Circuit upheld the FCC's order significantly narrowing a frequency band dedicated to fixed satellite transmissions in order to make room for the emerging fifth generation of mobile cellular technology. At issue in...

United States v. Knight  
Date: December 8, 2020
Docket Number: 19-3016

Justia Opinion Summary: Defendants Knight and Thorpe were convicted on a ten-count indictment for charges related to armed robbery and kidnapping. Knight was sentenced to more than 22 years' imprisonment and Thorpe was sentenced to 25 years' im...

Moose Jooce v. Food & Drug Administration  
Date: December 1, 2020
Docket Number: 20-5048

Justia Opinion Summary: E-cigarette manufacturers and retailers, as well as a nonprofit organization, challenged the FDA's Deeming Rule, which deemed e-cigarettes to be "tobacco products" subject to the Family Smoking Prevention and Tobacco Con...

Workagegnehu v. Washington Metropolitan Area Transit Authority  
Date: November 24, 2020
Docket Number: 19-7029

Justia Opinion Summary: Appellant seeks damages from WMATA for an assault he suffered while working, unsatisfied with a workers' compensation order to which he previously stipulated. Another employee at WMATA pinned appellant to the ground and...

Bob's Tire Co., Inc. v. National Labor Relations Board  
Date: November 20, 2020
Docket Number: 19-1174

Justia Opinion Summary: Bob's Tire petitioned for review of the Board's order concluding that Bob's violated the National Labor Relations Act. Bob's argued, among other things, that subcontracted work was not bargaining unit work and that, even...

Roane v. Barr  
Date: November 18, 2020
Docket Number: 20-5329

Justia Opinion Summary: In July 2019, the Department of Justice announced a revised protocol for execution by lethal injection using a single drug, pentobarbital. Plaintiffs, federal death row inmates, sought expedited review of three of the di...

Bethesda Health, Inc. v. Azar  
Date: November 13, 2020
Docket Number: 19-5260

Justia Opinion Summary: Hospitals, in calculating their Medicaid fractions -- the proportion of treatment a hospital provided to Medicaid patients -- sought to include days of care funded by Florida's Low Income Pool, an approved Medicaid demon...

Statewide Bonding, Inc. v. Department of Homeland Security  
Date: November 10, 2020
Docket Number: 19-5178

Justia Opinion Summary: Statewide filed three actions alleging that certain aspects of DHS's current administration of the immigration-bond system violate the Administrative Procedure Act (APA) and Statewide's right to due process under the Uni...

Saad v. Securities and Exchange Commission  
Date: November 6, 2020
Docket Number: 19-1214

Justia Opinion Summary: Petitioner, a broker-dealer, twice misappropriated his employer's funds and then unsuccessfully tried to cover his tracks by falsifying documents. FINRA permanently barred him from membership and from associating with an...

COMPTEL v. Federal Communications Commission  
Date: November 3, 2020
Docket Number: 19-1164

Justia Opinion Summary: After the FCC determined that incumbents no longer dominated the telecommunications market because of the plethora of competitor modes of voice transmission, the FCC exercised its statutory authority to forbear from enfo...

Huashan Zhang v. United States Citizenship and Immigration Services  
Date: October 27, 2020
Docket Number: 19-5021

Justia Opinion Summary: The district court correctly concluded that loan proceeds qualify as cash, not indebtedness, under the EB-5 visa program. The DC Circuit held that the text, structure, and regulatory context show that the term "cash," as...

Davidson Hotel Co., LLC v. National Labor Relations Board  
Date: October 23, 2020
Docket Number: 19-1235

Justia Opinion Summary: The DC Circuit granted Davidson's petition for review of the Board's decision determining that Davidson committed unfair labor practices by refusing to bargain with a union in two Board-certified units. The court conclud...

United States v. Clark  
Date: October 16, 2020
Docket Number: 19-3040

Justia Opinion Summary: On April 22, 2019, the district court denied petitioner's first three claims for habeas relief, but reserved his 18 U.S.C. 924(c) claim for later resolution because, at the time, United States v. Davis, 139 S. Ct. 2319,...

Committee on the Judiciary v. Donald McGahn, II (EN BANC ORDER)
Date: October 15, 2020
Docket Number: 19-5331
Antilles Consolidated Education Association v. Federal Labor Relations Authority  
Date: October 13, 2020
Docket Number: 19-1111

Justia Opinion Summary: The union represents teachers and other professional employees at schools on U.S. military bases in Puerto Rico. In 2015, the federal agency and the union began negotiating a successor to an expired collective bargaining...

North American Butterfly Association v. Wolf  
Date: October 13, 2020
Docket Number: 19-5052

Justia Opinion Summary: National Butterfly Center, a 100-acre wildlife sanctuary and botanical garden owned by the nonprofit North American Butterfly Association, lies along the border with Mexico. The U.S. Department of Homeland Security (DHS...

American Council of the Blind v. Mnuchin  
Date: October 9, 2020
Docket Number: 19-5284

Justia Opinion Summary: Under the terms of a 2008 injunction, the Secretary must make various Federal Reserve Notes distinguishable to the visually impaired no later than the next scheduled redesign of each denomination. The Council challenged...

Napleton 1050, Inc. v. National Labor Relations Board  
Date: October 6, 2020
Docket Number: 19-1025

Justia Opinion Summary: Intentional discrimination against the statutorily protected collective actions of employees remains discrimination even when it takes the form of scapegoating. Napleton petitioned for review of the Board's decision find...

United States House of Representatives v. Mnuchin  
Date: September 25, 2020
Docket Number: 19-5176

Justia Opinion Summary: The House filed suit alleging that the Departments of Defense, Homeland Security, the Treasury, and the Interior, and the Secretaries of those departments violated the Appropriations Clause of the Constitution and the Ad...

Confederated Tribes of the Chehalis Reservation v. Mnuchin  
Date: September 25, 2020
Docket Number: 20-5204

Justia Opinion Summary: Title V of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) makes certain funds available to the recognized governing bodies of any "Indian Tribe" as that term is defined in the Indian Self-Determinatio...

Duquesne University v. NLRB (SLIP OPINION FORMAT)
Date: September 17, 2020
Docket Number: 18-1063
Menoken v. Dhillon  
Date: September 15, 2020
Docket Number: 18-5284

Justia Opinion Summary: Plaintiff filed suit against her employer, the EEOC, alleging that the agency had subjected her to a hostile work environment in violation of Title VII of the Civil Rights Act and had violated her rights under the Rehabi...

Committee on the Judiciary of the United States House of Representatives v. McGahn  
Date: August 31, 2020
Docket Number: 19-5331

Justia Opinion Summary: After the Committee on the Judiciary of the House of Representatives ordered former White House Counsel McGahn to testify, the president instructed McGahn to assert absolute testimonial immunity from compelled congressio...

In re: Hillary Clinton (REVISED)
Date: August 31, 2020
Docket Number: 20-5056
In re: Flynn  
Date: August 31, 2020
Docket Number: 20-5143

Justia Opinion Summary: Michael Flynn pleaded guilty to making false statements to FBI agents, 18 U.S.C. 1001. In May 2020, before sentencing, the government moved to dismiss all charges with prejudice. Flynn consented to that motion and moved...

Brotherhood of Locomotive Engineers & Trainmen v. Federal Railroad Administration  
Date: August 28, 2020
Docket Number: 18-1235

Justia Opinion Summary: Two U.S. railroads began allowing engineers and conductors employed by their Mexican affiliates to operate trains on their tracks in the U.S. Railroads certify their own engineers and conductors, in compliance with minim...

Al-Hela v. Trump  
Date: August 28, 2020
Docket Number: 19-5079

Justia Opinion Summary: The district court denied a habeas petition by Al Hela, a Yemeni sheik, challenging his detention at the U.S. Naval Station at Guantanamo Bay. Al Hela claims that the President lacked authority to detain him under the Au...

United States v. Dynamic Visions Inc.  
Date: August 21, 2020
Docket Number: 17-5265

Justia Opinion Summary: After the federal government brought an action against Dynamic Visions and its owner under the False Claims Act (FCA) for submitting false claims for reimbursement, the district court granted summary judgment to the gove...

International Longshore & Warehouse Union v. National Labor Relations Board  
Date: August 21, 2020
Docket Number: 18-1124

Justia Opinion Summary: This case arose from a longstanding dispute about which of two competing unions represents a group of several dozen mechanics who maintain and repair shipping equipment. Under NLRB v. Burns International Security Service...

Citizens for Responsibility & Ethics in Washington v. Federal Election Commission  
Date: August 21, 2020
Docket Number: 18-5261

Justia Opinion Summary: Plaintiffs filed suit challenging a Federal Election Commission Rule requiring some donations known as independent expenditures (IEs) to be publicly disclosed. In the underlying case, plaintiff brought an enforcement com...

Mirror Lake Village, LLC v. Wolf  
Date: August 21, 2020
Docket Number: 19-5025

Justia Opinion Summary: Five foreign nationals who each contributed $500,000 to Mirror Lake, a new commercial enterprise set to construct and operate a senior living facility, sought to obtain lawful permanent resident status under the EB-5 imm...

Machado Amadis v. United States Department of State  
Date: August 21, 2020
Docket Number: 19-5088

Justia Opinion Summary: Plaintiff filed three sets of requests under the Freedom of Information Act (FOIA), seeking information about the denial of his applications for a United States entry visa. The district court granted summary judgment in...

In re: Sealed Case  
Date: August 20, 2020
Docket Number: 19-1216

Justia Opinion Summary: The DC Circuit denied the Refinery's motion to proceed under a pseudonym. The court weighed the markedly thin showing of potential injury by the Refinery against the substantial public interest in transparency and openne...

Music Choice v. Copyright Royalty Board  
Date: August 18, 2020
Docket Number: 19-1011

Justia Opinion Summary: Under the Digital Millennium Copyright Act (DMCA), a lower grandfathered royalty rate is paid by some music services that were early providers of digital music transmissions. Music Choice, a digital broadcast music servi...

Competitive Enterprise Institute v. Federal Communications Commission  
Date: August 14, 2020
Docket Number: 18-1281

Justia Opinion Summary: This appeal involves conditions that the FCC imposed on a merger of three cable companies into a new merged entity, New Charter. Among other things, the conditions (1) prohibit New Charter from charging programming suppl...

POET Biorefining, LLC v. Environmental Protection Agency  
Date: August 14, 2020
Docket Number: 19-1139

Justia Opinion Summary: The EPA issued a regulation known as the Pathways II Rule, allowing renewable-fuel producers to use a measurement method "certified by a voluntary consensus standards body" (VCSB), or a method "that would produce reasona...

In re: Hillary Clinton  
Date: August 14, 2020
Docket Number: 20-5056

Justia Opinion Summary: Petitioners, former Secretary of State Hillary Rodham Clinton and Secretary Clinton's former Chief of Staff, Cheryl Mills, sought mandamus relief preventing the district court's order granting Judicial Watch's request to...

AT&T Corp. v. FCC (PUBLIC)
Date: August 13, 2020
Docket Number: 18-1007
National Security Counselors v. Central Intelligence Agency  
Date: August 11, 2020
Docket Number: 18-5047

Justia Opinion Summary: This appeal arose from NSC's three lawsuits raising 45 claims against six federal agencies arising out of numerous Freedom of Information Act (FOIA) requests initiated by NSC. Through a series of decisions, the district...

Allen v. District of Columbia  
Date: August 11, 2020
Docket Number: 18-7177

Justia Opinion Summary: Congress enacted an appropriations rider in 2009 prohibiting the District of Columbia from paying more than $4,000 in attorneys' fees for any past proceeding under the Individuals with Disabilities Education Act (IDEA)....

Johnson v. Copyright Royalty Board  
Date: August 11, 2020
Docket Number: 19-1028

Justia Opinion Summary: In these consolidated appeals, appellants challenge the royalty rates and terms established by the Board for the period of January 1, 2018 through December 31, 2022. Appellants challenged numerous aspects of the Board's...

Attias v. CareFirst, Inc.  
Date: August 11, 2020
Docket Number: 19-7020

Justia Opinion Summary: Plaintiffs filed suit against CareFirst after hackers allegedly stole sensitive customer information from the health insurer's data system, alleging tort, contract, and statutory claims. The district court dismissed all...

George Johnson v. CRB (SEALED)
Date: August 7, 2020
Docket Number: 19-1028
In re: Sealed Case
Date: August 7, 2020
Docket Number: 19-1216
United States House of Representatives v. Steven Mnuchin (ORDER)
Date: August 7, 2020
Docket Number: 19-5176
Committee on the Judiciary of the United States House of Representatives v. McGahn  
Date: August 7, 2020
Docket Number: 19-5331

Justia Opinion Summary: On petition for rehearing en banc, the en banc court held that the Committee on the Judiciary of the House of Representatives has standing under Article III of the Constitution to seek judicial enforcement of its duly is...

AT&T Corp. v. Federal Communications Commission  
Date: August 4, 2020
Docket Number: 18-1007

Justia Opinion Summary: The Communications Act of 1934 restricts the rates that telecommunications carriers may charge for transmitting calls across their networks, 47 U.S.C. 201(b). Iowa-based Aureon is a joint venture through which local car...

Department of Medical Assistant Services of the Commonwealth of Virginia v. United States Department of Health and Human Services  
Date: August 4, 2020
Docket Number: 18-5334

Justia Opinion Summary: The Department of Health and Human Services disallowed roughly $30 million in Medicaid reimbursements for payments Virginia made to two state hospitals. HHS determined that Virginia had materially altered its payment met...

Al Bahlul v. United States  
Date: August 4, 2020
Docket Number: 19-1076

Justia Opinion Summary: Al Bahlul, a Yemeni national, was Osama bin Laden’s head of propaganda at the time of the September 11 attacks. After he was captured in Pakistan, Al Bahlul was convicted by a military commission in Guantanamo Bay of con...

Pacific Maritime Association v. National Labor Relations Board  
Date: August 4, 2020
Docket Number: 19-1101

Justia Opinion Summary: Pacific is the multi-employer bargaining representative in collective bargaining agreements (CBAs) for its employer members. One member, Long Beach, employs watchmen, represented by Local 26, and marine clerks, represent...

Thompson v. District of Columbia  
Date: July 31, 2020
Docket Number: 18-7151

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the District of Columbia, seeking compensation for the Executive Director of the Lottery Board's violation of plaintiff's Fifth Amendment rights. In this case, the Execut...

SFPP, LP v. Federal Energy Regulatory Commission  
Date: July 31, 2020
Docket Number: 19-1067

Justia Opinion Summary: The DC Circuit denied petitions for review challenging FERC's orders concerning SFPP's tariffs. SFPP challenges FERC's decisions to deny SFPP an income tax allowance, to decline to reopen the record on that issue, and to...

National Weather Service Employees Organization v. Federal Labor Relations Authority  
Date: July 31, 2020
Docket Number: 19-1163

Justia Opinion Summary: The union filed suit challenging the Authority's decision overturning an arbitrator's award in a dispute arising from a termination provision of a collective bargaining agreement (CBA). The DC Circuit granted the petit...

American Hospital Ass'n v. Azar  
Date: July 31, 2020
Docket Number: 19-5048

Justia Opinion Summary: Hospitals and hospital associations filed suit challenging HHS's decision to reduce the reimbursement rates for 340B hospitals. The district court held that the rate cute exceeded HHS's statutory authority to adjust spec...

Meritor, Inc. v. Environmental Protection Agency  
Date: July 28, 2020
Docket Number: 18-1325

Justia Opinion Summary: Meritor filed suit challenging the EPA's listing of the Rockwell facility and surrounding areas to the National Priorities List, alleging that the listing is arbitrary, capricious, and contrary to governing regulations....

TIG Insurance Co. v. Republic of Argentina  
Date: July 28, 2020
Docket Number: 19-7087

Justia Opinion Summary: TIG filed an emergency motion for attachment-related relief and a writ of execution, seeking to satisfy a long-pending judgment by attaching a building that the Republic of Argentina listed for sale in the District of Co...

United States v. Wilkerson  
Date: July 24, 2020
Docket Number: 10-3037

Justia Opinion Summary: Defendant was convicted on all counts related to his involvement in a violent narcotics-distribution conspiracy, except one count of aiding and abetting first-degree murder and a corresponding count of aiding and abettin...

El Paso Natural Gas Co., LLC v. Federal Energy Regulatory Commission  
Date: July 24, 2020
Docket Number: 15-1323

Justia Opinion Summary: In three consolidated petitions for review, petitioners challenged five FERC orders on two intertwined El Paso rate cases under the Natural Gas Act, the 2008 Rate Case and the 2011 Rate Case. The DC Circuit denied the p...

AdvancePierre Foods, Inc. v. National Labor Relations Board  
Date: July 24, 2020
Docket Number: 18-1219

Justia Opinion Summary: AdvancePierre petitioned for review of the Board's finding that it committed unfair labor practices (ULPs) over a five month span as the union conducted an organizing campaign. At issue is whether AdvancePierre unlawfull...

Jin O. Jin v. Parsons Corp.  
Date: July 24, 2020
Docket Number: 19-7019

Justia Opinion Summary: After plaintiff filed suit against Parsons for employment discrimination, Parsons moved to compel arbitration. The district court denied the motion, concluding that genuine disputes of material fact existed as to whether...

Independent Producers Group v. Copyright Royalty Board  
Date: July 21, 2020
Docket Number: 18-1337

Justia Opinion Summary: IPG, an agent for royalty claimants in these proceedings, filed suit challenging Copyright Royalty Judges' denial of most of its clients' royalty fee claims for programming in the devotional and program suppliers' catego...

Imapizza, LLC v. At Pizza Limited  
Date: July 17, 2020
Docket Number: 18-7168

Justia Opinion Summary: IMAPizza, which operates the "&pizza" chain of restaurants in the United States, filed suit under the Copyright and Lanham Acts as well as D.C. common law against At Pizza, operator of the "@pizza" restaurant in Edinburg...

Grace v. Barr  
Date: July 17, 2020
Docket Number: 19-5013

Justia Opinion Summary: Asylum seekers filed suit challenging executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Asylum seekers principall...

Association for Community Affiliated Plans v. Department of the Treasury  
Date: July 17, 2020
Docket Number: 19-5212

Justia Opinion Summary: The ACAP and others challenged the Departments' Short-Term Limited Duration Insurance (STLDI) Rule defining STLDI as coverage with an initial contract term of less than one year and a maximum duration of three years coun...

American Hospital Assoc. v. Azar  
Date: July 17, 2020
Docket Number: 19-5352

Justia Opinion Summary: In these consolidated actions, a group of hospitals challenged HHS's rate reduction for off-campus provider-based departments (PBDs) falls outside of the agency's statutory authority. The district court agreed and set as...

Jeffries v. Barr  
Date: July 14, 2020
Docket Number: 17-5008

Justia Opinion Summary: Plaintiff filed suit against the DOJ under Title VII of the Civil Rights Act of 1964, alleging discrimination on the basis of his race and his sex, as well as retaliation for protected activity. Plaintiff cited seven ins...

Strike 3 Holdings, LLC v. Doe  
Date: July 14, 2020
Docket Number: 18-7188

Justia Opinion Summary: After Strike 3's investigators recorded IP address 73.180.154.14 illegally distributing Strike 3's pornographic films via the BitTorrent network, the company filed a complaint against the IP address subscriber. However,...

New York v. Environmental Protection Agency  
Date: July 14, 2020
Docket Number: 19-1231

Justia Opinion Summary: The DC Circuit granted a petition for review of the EPA's denial of New York's petition challenging the EPA's asserted failure to address cross-border pollution under the Clean Air Act's Good Neighbor Provision, 42 U.S.C...

Clean Wisconsin v. Environmental Protection Agency  
Date: July 10, 2020
Docket Number: 18-1203

Justia Opinion Summary: In these consolidated petitions, petitioners challenged area designations promulgated by the EPA for the National Ambient Air Quality Standards (NAAQS) applicable to ground-level ozone, i.e., smog. The court found tha...

National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission  
Date: July 10, 2020
Docket Number: 19-1142

Justia Opinion Summary: The DC Circuit denied a petition for review of orders related to FERC's efforts to remove existing barriers to the participation of electric storage resources (ESRs) in the Regional Transmission Organization and Independ...

Valambhia v. United Republic of Tanzania  
Date: July 10, 2020
Docket Number: 19-7040

Justia Opinion Summary: Members of the Valambhia family filed an action to recognize the High Court of Tanzania's judgments in the District of Columbia. The DC Circuit affirmed the district court's grant of Tanzania's motion to dismiss the amen...

Strange v. Islamic Republic of Iran  
Date: July 10, 2020
Docket Numbers: 19-7083, 19-8004

Justia Opinion Summary: The DC Circuit dismissed the petition for permission to appeal in No. 19-8004 and related appeal in No. 19-7083 for lack of jurisdiction. In this case, the district court certified an order for interlocutory appeal but n...

In re: Charles Strange
Date: July 10, 2020
Docket Number: 19-8004
Louie v. Dickson  
Date: July 7, 2020
Docket Number: 18-1022

Justia Opinion Summary: The DC Circuit dismissed petitions for review of several Federal Aviation Administration actions related to the proposed expansion of the Paulding Northwest Atlanta Airport. The court held that it lacked jurisdiction bec...

Cigar Association of America v. Food and Drug Administration  
Date: July 7, 2020
Docket Number: 18-5195

Justia Opinion Summary: Plaintiffs, three cigar and pipe tobacco industry associations, filed suit challenging various provisions of the FDA's Deeming Rule, which subjects newly regulated tobacco products, including cigars and pipe tobacco, to...

In re: In the Matter of the Application of Jason Leopold to Unseal Certain Electronic Surveillance Applications and Orders  
Date: July 7, 2020
Docket Number: 18-5276

Justia Opinion Summary: The burden of producing judicial records may not permanently foreclose their unsealing. After plaintiffs, a journalist and the Reporters Committee for Freedom of the Press, applied to the district court to unseal certain...

Pinson v. Department of Justice  
Date: July 7, 2020
Docket Numbers: 18-5331, 18-5375

Justia Opinion Summary: In two related cases under the Prison Litigation Reform Act (PLRA), Plaintiffs Gorbey and Pinson, both incarcerated three-strikers, seek to bring their appeals in forma pauperis (IFP) on the ground that they face imminen...

Michael S. Gorbey v. United States of America
Date: July 7, 2020
Docket Number: 18-5375
Allegheny Defense Project v. Federal Energy Regulatory Commission  
Date: June 30, 2020
Docket Number: 17-1098

Justia Opinion Summary: The DC Circuit denied the Commission's and Intervenor's motions to dismiss the petitions filed after thirty days of Commission inaction. The court explained that, before a party aggrieved by an order of the Federal Energ...

United States v. Bowser  
Date: June 30, 2020
Docket Number: 18-3055

Justia Opinion Summary: The DC Circuit affirmed Defendant David G. Bowser's conviction for charges related his obstruction of an investigation by the Office of Congressional Ethics (OCE) into his work as chief of staff to a Member of Congress,...

United States Postal Service v. Postal Regulatory Commission  
Date: June 30, 2020
Docket Number: 19-1155

Justia Opinion Summary: The DC Circuit denied a petition for review of the Commission's order of disclosure of certain financial data related to Inbound Letter Post. The court held that the Postal Service's statutory argument hinges on a misrea...

Urquhart-Bradley v. Mobley  
Date: June 30, 2020
Docket Number: 19-7116

Justia Opinion Summary: The DC Circuit vacated the district court's dismissal of plaintiff's claims of employment discrimination against Cushman & Wakefield's Chief Executive Officer of the Americas for lack of personal jurisdiction based on th...

United States v. Lieu  
Date: June 26, 2020
Docket Number: 19-3026

Justia Opinion Summary: Defendant was convicted of distributing child pornography and traveling across state lines to engage in sexual conduct with a nine-year-old girl. The DC Circuit held that a defendant violates 18 U.S.C. 2423(b) by traveli...

League of Women Voters v. Newby  
Date: June 26, 2020
Docket Number: 19-7027

Justia Opinion Summary: In the underlying lawsuit, voting rights organizations alleged that the new Executive Director, Brian Newby, acted outside the scope of his authority by changing the Commission's policy on documentary proof of citizenshi...

In re: Michael Flynn  
Date: June 24, 2020
Docket Number: 20-5143

Justia Opinion Summary: The DC Circuit granted the petition for writ of mandamus in part and ordered the district court to grant the government's Federal Rule of Civil Procedure 48 motion to dismiss the charges against Michael Flynn, former Nat...

Make The Road New York v. Wolf  
Date: June 23, 2020
Docket Number: 19-5298

Justia Opinion Summary: Associations filed suit contending that the Secretary's decision to expand the reach of the expedited removal process to its statutory limit, sweeping in all individuals without documentation who have resided in the Unit...

United States v. Han  
Date: June 19, 2020
Docket Number: 18-3081

Justia Opinion Summary: The DC Circuit affirmed defendant's conviction of tax evasion in connection with his 2010 and 2011 individual tax returns. Defendant was a chief executive of a recycling technology company and solicited millions of dolla...

D&S Consulting, Inc. v. Kingdom of Saudi Arabia  
Date: June 19, 2020
Docket Number: 18-7140

Justia Opinion Summary: After DSCI filed suit against the Kingdom of Saudi Arabia, the Kingdom removed the case to federal district court and filed a motion to dismiss the complaint on the grounds of forum non conveniens, pointing to the forum-...

Process and Industrial Developments Ltd. v. Federal Republic of Nigeria  
Date: June 19, 2020
Docket Number: 18-7154

Justia Opinion Summary: The Foreign Sovereign Immunities Act (FSIA) does not permit courts to contemplate how much merits litigation is too much. Instead, they must resolve colorable assertions of immunity before the foreign sovereign may be re...

United States v. Hirani Engineering & Land Surveying, PC  
Date: June 19, 2020
Docket Number: 19-7010

Justia Opinion Summary: ACC, the subcontractor on a Corps flood protection project, filed suit against the prime contractor, Hirani, for breach of contract and the providers of Hirani's payment bond, Colonial, under the Miller Act for unpaid la...

Bronner v. Duggan  
Date: June 19, 2020
Docket Number: 19-7017

Justia Opinion Summary: Four professors of American studies filed suit against the American Studies Association (ASA) and individual ASA leaders after the ASA endorsed a boycott of Israeli academic institutions, alleging that the individual def...

American Great Lakes Ports Ass'n v. Schultz  
Date: June 16, 2020
Docket Number: 18-5145

Justia Opinion Summary: The Great Lakes Pilotage Act requires foreign vessels and American vessels participating in foreign trade to hire an American or Canadian maritime pilot to assist in navigating the difficult waters of the Great Lakes. Sh...

Solenex LLC v. Bernhardt  
Date: June 16, 2020
Docket Number: 18-5343

Justia Opinion Summary: Solenex challenged the Secretary's cancellation of its oil and gas lease in the Badger-Two Medicine Area. The district court ruled in favor of Solenex, concluding that the amount of time that had elapsed between the leas...

New York Stock Exchange LLC v. Securities and Exchange Commission  
Date: June 16, 2020
Docket Number: 19-1042

Justia Opinion Summary: Petitioners filed suit challenging the SEC's adoption of a Pilot Program, Rule 610T, which was designed to gather data so that the Commission might be able to determine in the future whether regulatory action was necessa...

Friends of Animals v. Bernhardt  
Date: June 16, 2020
Docket Numbers: 19-5147, 19-5152

Justia Opinion Summary: Appellants, conservative organizations and a safari guide, filed suit challenging the Service's actions governing the import of sport-hunted animal trophies from Africa. Initially, appellants challenged certain findings...

Friends of Animals v. Bernhardt
Date: June 16, 2020
Docket Number: 19-5152
Merck & Co., Inc. v. United States Department of Human and Health Services  
Date: June 16, 2020
Docket Number: 19-5222

Justia Opinion Summary: Drug manufacturers challenged the Department's rule that broadly requires drug manufacturers to disclose in their television advertisements the wholesale acquisition cost of many prescription drugs and biological product...

Circus Circus Casinos, Inc. v. National Labor Relations Board  
Date: June 12, 2020
Docket Number: 18-1201

Justia Opinion Summary: The DC Circuit granted a petition for review of the NLRB's determination that Circus committed three unfair labor practices related to a temporary employee. The court held that the Board engaged in unreasoned decisionmak...

Independent Union of Pension Employees for Democracy and Justice v. Federal Labor Relations Authority  
Date: June 12, 2020
Docket Number: 19-1065

Justia Opinion Summary: The DC Circuit denied a petition for review of the Authority's order finding that the Union committed unfair labor practices by attempting to dismantle the pool of arbitrators selected by a predecessor union and thereby...

Level the Playing Field v. Federal Election Commission  
Date: June 12, 2020
Docket Number: 19-5117

Justia Opinion Summary: Plaintiffs filed suit alleging that the CPD routinely endorses and supports Republican and Democratic nominees at the expense of third-party candidates, and that the CPD uses subjective and biased criteria for selecting...

Seed Company Limited v. Westerman, Hattori, Daniels & Adrian, LLP  
Date: June 12, 2020
Docket Number: 19-7086

Justia Opinion Summary: Plaintiffs filed a legal malpractice case arising out of the failure of two sets of lawyers associated with two different law firms, Westerman, Hattori, Daniels & Adrian, LLP (Westerman) and Kratz, Quintos & Hanson, LLP...

American Federation of Government Employees v. Federal Labor Relations Authority  
Date: June 9, 2020
Docket Number: 19-1069

Justia Opinion Summary: After the CBP distributed a memorandum to its agents changing vehicle inspection procedures at the El Paso border checkpoint, the Union filed a grievance on behalf of CBP agents claiming that the CBP failed to notify and...

Zukerman v. United States Postal Service  
Date: June 9, 2020
Docket Number: 19-5168

Justia Opinion Summary: Plaintiff filed suit contending that USPS's custom postage program violated the prohibition against viewpoint discrimination under the First Amendment. While the parties were completing discovery and nearing summary judg...

Frank v. Autovest, LLC  
Date: June 9, 2020
Docket Number: 19-7119

Justia Opinion Summary: Plaintiff filed a putative class action against Autovest and its debt-collection agency under the Fair Debt Collection Practices Act (FDCPA), alleging claims related to a prior collection action. The DC Circuit vacated...

The NASDAQ Stock Market, LLC v. SEC  
Date: June 5, 2020
Docket Number: 18-1292

Justia Opinion Summary: Section 19(d) of the Securities Exchange Act of 1934 is not available as a means to challenge the reasonableness of generally-applicable fee rules. At issue in this appeal is whether fees that national securities exchang...

Karem v. Trump  
Date: June 5, 2020
Docket Number: 19-5255

Justia Opinion Summary: Following an incident at President Trump's 2019 Social Media Summit involving Appellee Brian Karem, a journalist with a hard pass, and Sebastian Gorka, a Summit attendee, the Press Secretary suspended Karem's pass for th...

Stoe v. Barr  
Date: May 29, 2020
Docket Number: 18-5315

Justia Opinion Summary: Plaintiff filed suit against the Attorney General of the United States in his official capacity as head of the Department of Justice (DOJ), alleging that the DOJ had denied her a promotion to a Division Director position...

Johnson v. Wilson  
Date: May 29, 2020
Docket Number: 18-5350

Justia Opinion Summary: Appellant contends that he received ineffective assistance of counsel during the direct appeal of his murder conviction in D.C. Superior Court. Appellant alleged that his appellate counsel labored under two conflicts of...

Sanchez v. Office of the State Superintendent of Education  
Date: May 29, 2020
Docket Number: 19-7072

Justia Opinion Summary: Plaintiffs filed suit challenging the validity of District of Columbia regulations that impose minimum education requirements for certain childcare providers. The district court held that the case was non-justiciable on...

Code v. McCarthy  
Date: May 26, 2020
Docket Number: 18-5122

Justia Opinion Summary: After appellant asked the Board to expunge or amend Army investigators' determinations recorded in his military files, the Board denied his application and the district court sustained its decision. The DC Circuit reve...

Shands Jacksonville Medical Center, Inc. v. Azar  
Date: May 26, 2020
Docket Number: 19-5087

Justia Opinion Summary: The district court remanded the Fiscal Year 2014 Rule to the Secretary of Health and Human Services without vacating the Rule. The district court's decision was made in response to the challenge by a group of hospitals t...

Maryland v. Environmental Protection Agency  
Date: May 19, 2020
Docket Number: 18-1285

Justia Opinion Summary: The DC Circuit granted Maryland's petition for review of the EPA's denial of its Clean Air Act section 126(b) petition requesting that the EPA impose additional limitations on certain upwind sources that were purportedly...

Kiewit Power Constructors Co. v. Secretary of Labor  
Date: May 15, 2020
Docket Number: 18-1282

Justia Opinion Summary: Kiewit contested its OSHA citation, arguing that the quick-drenching provision in 41 C.F.R. 50-204.6(c), which requires quick-drenching eyewash facilities for workers exposed to corrosive materials, was invalidly applied...

Ali v. Trump  
Date: May 15, 2020
Docket Number: 18-5297

Justia Opinion Summary: Appellant, an Algerian national detained at Guantanamo Bay since 2002, asks the court to hold that the Fifth Amendment's Due Process Clause categorically applies in full to detainees at Guantanamo Bay, and that his ongoi...

Waggel v. George Washington University  
Date: May 8, 2020
Docket Number: 18-7181

Justia Opinion Summary: Plaintiff filed suit against George Washington University, alleging that it violated the Americans with Disabilities Act (ADA) by failing to provide a reasonable accommodation and discriminating against her because of he...

Flyers Rights Education Fund v. Department of Transportation  
Date: May 5, 2020
Docket Number: 19-1071

Justia Opinion Summary: FlyersRights claimed that airlines were not giving passengers sufficient notice of their right to compensation for delays in flights and urged the Department to issue regulations requiring the airlines to print written s...

Pharmaceutical Manufacturing Research Services, Inc. v. FDA  
Date: May 1, 2020
Docket Number: 18-1335

Justia Opinion Summary: PMRS petitioned for review of the FDA's denial of PMRS's application to market a prescription opioid drug. The DC Circuit rejected PMRS's challenges under the Administrative Procedure Act (APA), and held that the FDA's d...

In re: Public Employees for Environmental Responsibility  
Date: May 1, 2020
Docket Number: 19-1044

Justia Opinion Summary: This case arose out of the FAA and NPS's efforts to regulate commercial sightseeing flights over national parks. The Air Tour Management Act of 2000 directs the FAA and NPS to "make every effort" to establish rules gover...

Young v. SEC  
Date: April 28, 2020
Docket Number: 16-1149

Justia Opinion Summary: Petitioner, found liable for multiple securities fraud violations, petitioned for review in the District of Columbia Court of Appeals, which is the wrong court. By the time petitioner realized his mistake and filed the p...

United States v. Abney  
Date: April 24, 2020
Docket Number: 19-3090

Justia Opinion Summary: The DC Circuit vacated defendant's sentence imposed after he pleaded guilty to unlawful possession with intent to distribute 50 grams or more of cocaine base, or crack, in violation of 21 U.S.C. 841(a)(1), (b)(1)(A)(iii)...

Louisiana Environmental Action Network v. EPA  
Date: April 21, 2020
Docket Number: 17-1257

Justia Opinion Summary: When the EPA promulgated the emission standard for pulp mill combustion sources in 2001, EPA addressed some but not all the hazardous air pollutants they are known to emit. In 2017, EPA conducted its first section 112(d)...

Hall & Assoc. v. EPA  
Date: April 21, 2020
Docket Number: 18-5241

Justia Opinion Summary: Hall filed suit under the Freedom of Information Act (FOIA), seeking records from the EPA related to the agency's purported adoption of a "nonacquiescence decision." The judgment at issue is that of the United States Cou...

Stewart v. McPherson  
Date: April 21, 2020
Docket Number: 18-5370

Justia Opinion Summary: Plaintiff filed suit challenging the Navy Secretary's refusal to grant him a waiver of statutory requirements that govern his eligibility for incentive pay. After determining that plaintiff has abandoned his substantive...

Physicians for Social Responsibility v. Wheeler  
Date: April 21, 2020
Docket Number: 19-5104

Justia Opinion Summary: Three scientists who had previously received EPA grants and served on advisory committees, as well as several non-profit organizations, filed suit arguing that the EPA's directive, which now prohibits all grant recipient...

United States v. Delaney  
Date: April 17, 2020
Docket Number: 18-3093

Justia Opinion Summary: The DC Circuit vacated the district court's denial of defendant's motion to suppress evidence. The court held that officers violated the Fourth Amendment when they seized defendant because they lacked reasonable suspicio...

Sierra Club v. Wheeler  
Date: April 17, 2020
Docket Number: 18-5328

Justia Opinion Summary: After the EPA issued guidelines for two categories of solid waste incinerator over two years ago, the Administrator has not imposed a federal plan on noncompliant States. Sierra Club filed suit under the Clean Air Act's...

United States v. Butler  
Date: April 14, 2020
Docket Number: 17-3080

Justia Opinion Summary: The DC Circuit reversed the district court's judgment and remanded with instructions to grant defendant's motion to vacate his sentence under 28 U.S.C. 2255. Defendant was convicted of murder almost 50 years ago. The gov...

Shatsky v. Palestine Liberation Organization  
Date: April 14, 2020
Docket Number: 17-7168

Justia Opinion Summary: The families of American victims of a 2002 bombing in the West Bank filed suit against the Palestinian Defendants, alleging that defendant are liable for the attack on the theory that they enabled the bombing through the...

Pueschel v. Chao  
Date: April 14, 2020
Docket Number: 18-5330

Justia Opinion Summary: Plaintiff, a former employee of the FAA, filed suit against the Secretary of Transportation for unlawful retaliation and discrimination, and the Secretary of Transportation and the Department of Labor for violation of he...

United Parcel Service, Inc. v. Postal Regulatory Commission  
Date: April 14, 2020
Docket Number: 19-1026

Justia Opinion Summary: The DC Circuit granted UPS's petition for review, challenging the Commission's Order Adopting Final Rules Relating to the Institutional Cost Contribution Requirement for Competitive Products, No. 4963. The order modified...

Gulf South Pipeline Co. v. Federal Energy Regulatory Commission  
Date: April 10, 2020
Docket Number: 19-1074

Justia Opinion Summary: The DC Circuit held that FERC's rejection of Gulf South's application for incremental-plus rates was arbitrary and capricious. The court held that FERC failed to justify the disparity between how materially identical shi...

In re: Mustafa Al Hawsawi  
Date: April 10, 2020
Docket Number: 19-1100

Justia Opinion Summary: The DC Circuit denied petitions for writs of mandamus seeking vacatur of all orders issued by the former presiding military judge because of the appearance of partiality. Petitioners are being tried before a military tri...

Sierra Club v. EPA  
Date: April 7, 2020
Docket Number: 18-1167

Justia Opinion Summary: The DC Circuit dismissed Sierra Club's petition for review of the EPA's "Guidance on Significant Impact Levels for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program" (SILs Guidanc...

Natural Resources Defense Council v. Wheeler  
Date: April 7, 2020
Docket Number: 18-1172

Justia Opinion Summary: The DC Circuit granted the petitions for review of the EPA's 2018 Rule, which suspended the prior listing of hydrofluorocarbons (HFCs) as unsafe substitutes in its entirety. Consequently, even current users of ozone-depl...

Board of County Commissioners of Washington County v. United States Department of Transportation  
Date: April 7, 2020
Docket Number: 19-1210

Justia Opinion Summary: The DC Circuit denied a petition for review of the Department's determination that Hagerstown Airport was not eligible for federally subsidized air service because it did not meet the statutory "enplanement" requirement....

In re: Federal Bureau of Prisons Execution Protocol Cases  
Date: April 7, 2020
Docket Number: 19-5322

Justia Opinion Summary: The DC Circuit vacated the district court's preliminary injunction enjoining four plaintiffs from being executed. Plaintiffs claimed that the 2019 execution protocol and addendum violate the Federal Death Penalty Act of...

Western Surety Co. v. U.S. Engineering Construction, LLC  
Date: April 7, 2020
Docket Number: 19-7033

Justia Opinion Summary: Western Surety filed suit against US Engineering, seeking declaratory and injunctive relief regarding its potential liability under a construction performance bond. Western Surety claimed that its obligations under the b...

Baltimore Gas and Electric Co. v. Federal Energy Regulatory Commission  
Date: March 27, 2020
Docket Number: 18-1298

Justia Opinion Summary: BGE petitioned for review of FERC's orders arising out of its efforts to apply its "matching" principles to divergences between the timing of deductions for tax purposes and timing for purposes of allocating costs to rat...

United States v. Browne  
Date: March 27, 2020
Docket Number: 18-3073

Justia Opinion Summary: The DC Circuit affirmed the various challenged rulings, but remanded the ineffective assistance of counsel claims to the district court. In this case, appellant was convicted for kidnapping and unlawful possession with i...

United States v. Miller  
Date: March 27, 2020
Docket Number: 18-3090

Justia Opinion Summary: On remand, appellant asserted various ineffective assistance of counsel claims during the suppression stage, based on counsel's failure to move for STA dismissal, based on counsel's failure to call a witness, and based o...

Snohomish County v. Surface Transportation Board  
Date: March 27, 2020
Docket Number: 19-1030

Justia Opinion Summary: The county sought to revoke two exemptions the Board granted with respect to a freight rail easement over the county's property, alleging that both notices misrepresented the easement's ownership. The Board denied the pe...

United States ex rel. Barko v. Halliburton Co.  
Date: March 27, 2020
Docket Number: 19-7064

Justia Opinion Summary: Appellant filed a qui tam action under the False Claims Act, alleging that KBR and various subcontractors defrauded the US Government by inflating costs and accepting kickbacks while administering military contracts in w...

Camara v. Mastro's Restaurants LLC  
Date: March 17, 2020
Docket Number: 18-7167

Justia Opinion Summary: Plaintiff filed suit against his former employer, claiming that Mastro's deprived him and other servers of a minimum wage in violation of the Fair Labor Standards Act and the District of Columbia's Minimum Wage Revision...

Union Pacific Railroad Co. v. Pipeline and Hazardous Materials Safety Administration  
Date: March 17, 2020
Docket Number: 19-1075

Justia Opinion Summary: The DC Circuit denied Union Pacific's petition for review of the Administration's regulation governing disclosures made by railroads that are transporting hazardous materials. Union Pacific alleged that the regulation wa...

Chesapeake Climate Action Network v. EPA  
Date: March 13, 2020
Docket Numbers: 15-1015, 16-1169, 16-1349

Justia Opinion Summary: In these consolidated actions, petitioners challenged the EPA's 2014 final rule, which exempted coal- and oil-burning power plant utility boilers' startup periods from numerical limits on hazardous air pollutants. EPA in...

Eagle Pharmaceuticals, Inc. v. Azar  
Date: March 13, 2020
Docket Number: 18-5207

Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment in favor of Eagle, in an action brought by Eagle, alleging that the Orphan Drug Act's (ODA), 21 U.S.C. 360aa–360ee, plain language required the FDA t...

Campaign Legal Center v. Federal Election Commission  
Date: March 13, 2020
Docket Number: 18-5239

Justia Opinion Summary: The DC Circuit affirmed the Commission's dismissal of three administrative complaints alleging violations of the Federal Election Campaign Act's disclosure requirements. After determining that plaintiffs had Article III...

Irregulators v. FCC  
Date: March 13, 2020
Docket Number: 19-1085

Justia Opinion Summary: The DC Circuit affirmed the dismissal of the petition for review challenging the Commission's order approving the continued use of admittedly outdated accounting rules for an ever-dwindling number of telephone companies...

In re: Ammar Al-Baluchi  
Date: March 13, 2020
Docket Number: 19-1146

Justia Opinion Summary: Petitioner, a Guantanamo detainee, sought a writ of mandamus asking the court to prevent the government from proceeding with destruction of a particular detention center ("Site A"). The DC Circuit denied relief, finding...

United States House of Reps. v. Steven Mnuchin (En Banc Order)
Date: March 13, 2020
Docket Number: 19-5176
Committee on the Judiciary v. Donald McGahn, II (En Banc Order)
Date: March 13, 2020
Docket Number: 19-5331
Maryland v. Federal Aviation Administration  
Date: March 10, 2020
Docket Number: 18-1173

Justia Opinion Summary: The DC Circuit dismissed the State's petition challenging the FAA's amended flight paths to Ronald Reagan Washington National Airport as untimely. Although the State acknowledged that its petition was filed well after th...

Evans v. Bureau of Prisons  
Date: March 10, 2020
Docket Number: 18-5068

Justia Opinion Summary: Plaintiff filed suit under the Freedom of Information Act (FOIA) seeking to compel the release of records related to an incident in which plaintiff was stabbed from behind with a screwdriver in prison. The DC Circuit a...

Molock v. Whole Foods Market Group, Inc.  
Date: March 10, 2020
Docket Number: 18-7162

Justia Opinion Summary: Current and former Whole Foods employees initiated this diversity action seeking to recover purportedly lost wages, alleging that Whole Foods manipulated its incentive-based bonus program, resulting in employees losing w...

Committee on the Judiciary v. United States Department of Justice  
Date: March 10, 2020
Docket Number: 19-5288

Justia Opinion Summary: The Committee seeks to obtain the redacted grand jury materials referenced in the Special Counsel's Report in connection with its impeachment investigation of President Trump. The Committee requested three categories of...

United States v. Mason  
Date: March 6, 2020
Docket Number: 18-3056

Justia Opinion Summary: The DC Circuit affirmed defendant's conviction and sentence for conspiracy to deal heroin and other drugs. The court held that defendant has failed to demonstrate prejudice from the government's belated disclosure of a h...

BHC Northwest Psychiatric Hospital, LLC v. Secretary of Labor  
Date: March 3, 2020
Docket Number: 19-1089

Justia Opinion Summary: The Hospital petitioned for review of an administrative decision affirming the Secretary's citation for violating the General Duty Clause of the Occupational Safety and Health Act (OSHA) by inadequately protecting its em...

He Depu v. Yahoo! Inc.  
Date: February 28, 2020
Docket Number: 18-7161

Justia Opinion Summary: Plaintiffs, Chinese citizens who were imprisoned for expressing dissent on the internet, filed suit alleging that, as part of an earlier settlement, Yahoo established a charitable trust to provide humanitarian and legal...

K&D LLC v. Trump Old Post Office LLC  
Date: February 28, 2020
Docket Number: 18-7185

Justia Opinion Summary: Cork Wine Bar, a restaurant that competes with President Trump's eponymous hotel, filed suit alleging violations of the District's common law of unfair competition. Cork alleged that President Trump's hotel attracted mor...

Committee on the Judiciary of the United States House of Representatives v. McGahn  
Date: February 28, 2020
Docket Number: 19-5331

Justia Opinion Summary: Separation-of-powers principles and historical practice compelled the DC Circuit to dismiss for lack of jurisdiction the Committee's suit to enforce the congressional subpoena against the Executive Branch. After the Comm...

United States v. Smith  
Date: February 25, 2020
Docket Number: 18-3010

Justia Opinion Summary: The DC Circuit affirmed defendants' convictions for conspiracy to commit bank robbery by intimidation. The court held that the evidence was sufficient to support the jury's finding that defendants agreed to rob by intimi...

NTCH, Inc. v. FCC  
Date: February 21, 2020
Docket Numbers: 18-1241, 18-1242, 18-1243

Justia Opinion Summary: NTCH challenged the Commission's three spectrum-management decisions: first, the Commission "modified" Dish Network's license in the AWS-4 Band to authorize the company to develop a stand-alone terrestrial network that c...

NTCH, Inc. v. FCC
Date: February 21, 2020
Docket Number: 18-1243
Pigford v. Perdue  
Date: February 21, 2020
Docket Numbers: 19-5023, 19-5027

Justia Opinion Summary: Appellant filed suit claiming damages under the Consent Decree created in the 1999 settlement between the Department of Agriculture and a class of African American farmers. After the arbitrator denied the claims, appella...

Jackson v. Modly  
Date: February 14, 2020
Docket Number: 18-5180

Justia Opinion Summary: Jackson served in the Marine Corps, 1977-1991. Almost 30 years after his honorable discharge, Jackson filed a pro se complaint alleging that toward the end of his military career, his supervising officers discriminated a...

Gresham v. Azar  
Date: February 14, 2020
Docket Number: 19-5094

Justia Opinion Summary: Kentucky and Arkansas residents sued the Secretary of Health and Human Services based on the approval under 42 U.S.C. 1315(a) of an “experimental, pilot, or demonstration projects which, in the judgment of the Secretary,...

Government of Guam v. United States  
Date: February 14, 2020
Docket Number: 19-5131

Justia Opinion Summary: Since the 1940s, the U.S. Navy operated a landfill on the island of Guam, containing discarded munitions, chemicals, and everyday garbage. The Ordot Dump lacked any environmental safeguards. The EPA added Ordot to its Na...

United States v. Cooper  
Date: February 11, 2020
Docket Number: 17-3057

Justia Opinion Summary: The DC Circuit affirmed Defendants Cooper and Bryant's appeal of their convictions and sentences for theft of public money and conspiracy to defraud the United States. The court held that the district court correctly con...

Baystate Franklin Medical Center v. Azar  
Date: February 11, 2020
Docket Number: 18-5264

Justia Opinion Summary: Baystate filed suit against the Secretary, challenging his promulgation of a final rule calculating the wage index for hospital reimbursements in 2017. Baystate alleged that the Secretary failed to comply with the statut...

Lovitky v. Trump  
Date: February 11, 2020
Docket Number: 19-5199

Justia Opinion Summary: The DC Circuit affirmed the district court's dismissal of plaintiff's suit, alleging that President Trump violated the Ethics in Government Act of 1978 by obscuring liabilities on financial disclosure reports, because pl...

Narragansett Indian Tribal Historic Preservation Office v. FERC  
Date: February 7, 2020
Docket Number: 19-1009

Justia Opinion Summary: The Narragansett Tribe petitioned for review of the Commission's order denying its motion to intervene in a natural gas pipeline certificate proceeding after the certificate to build a pipeline had issued. While the Trib...

Blumenthal v. Trump  
Date: February 7, 2020
Docket Number: 19-5237

Justia Opinion Summary: 215 Members of the Congress sued President Donald J. Trump based on allegations that he has repeatedly violated the United States Constitution’s Foreign Emoluments Clause. The district court denied the President's motion...

United States v. Lorenzana-Cordon  
Date: January 31, 2020
Docket Number: 18-3019

Justia Opinion Summary: The DC Circuit affirmed defendants' convictions for conspiring to traffic wholesale quantities of cocaine into the United States. The court found no grounds for reversal, holding that the evidence presented at trial did...

Duquesne University of the Holy Spirit v. NLRB  
Date: January 28, 2020
Docket Number: 18-1063

Justia Opinion Summary: Duquesne petitioned for review of the Board's decision and order requiring the school to bargain with a union representing the school's adjunct facility. Duquesne argued that its religious mission places it beyond the Bo...

Manua's, Inc. v. Scalia  
Date: January 28, 2020
Docket Number: 18-1307

Justia Opinion Summary: The DC Circuit denied a petition for review of the Commission's order finding that the company violated regulations promulgated by the Occupational Safety and Health Act (OSHA). In this case, the company had hired a cons...

Loumiet v. United States  
Date: January 28, 2020
Docket Number: 18-5020

Justia Opinion Summary: The First Amendment does not create an implied damages action against officials in the Office of the Comptroller of the Currency (OCC) for retaliatory administrative enforcement actions under the Financial Institutions R...

Oviedo v. Washington Metropolitan Area Transit Authority  
Date: January 28, 2020
Docket Number: 18-7037

Justia Opinion Summary: Plaintiff, a white male of Chilean origin, filed suit under Title VII and the Age Discrimination in Employment Act (ADEA), alleging that WMATA failed to promote him on the basis of age and national origin and later retal...

Alliance of Artists and Recording Companies, Inc. v. Denso International America, Inc.  
Date: January 28, 2020
Docket Number: 18-7141

Justia Opinion Summary: In the GM/Ford action, AARC filed suit under the Audio Home Recording Act (AHRA) for alleged violations of the Act. A second, substantially similar lawsuit was filed by AARC against FCA and Mitsubishi. The district court...

Woodhull Freedom Foundation v. United States  
Date: January 24, 2020
Docket Number: 18-5298

Justia Opinion Summary: The DC Circuit reversed the district court's order dismissing, based on lack of subject matter jurisdiction, a pre-enforcement challenge to the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), brough...

United States v. Garcia Sota  
Date: January 21, 2020
Docket Number: 17-3091

Justia Opinion Summary: After apprehension and extradition to the United States, defendants were convicted each on four counts: two counts under 18 U.S.C. 1114, which criminalizes the killing of an officer or employee of the United States; one...

Grand Canyon Trust v. Bernhardt  
Date: January 17, 2020
Docket Number: 18-5232

Justia Opinion Summary: The Trust appealed the district court's decision finding that the Trust failed to show that its Freedom of Information Act (FOIA) suit caused the agencies to change their positions. In this case, the Trust requested reco...

Holland v. Arch Coal, Inc.  
Date: January 17, 2020
Docket Number: 18-7159

Justia Opinion Summary: The DC Circuit held that the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act) required Arch Coal, as a person related to a 1988 last signatory operator (LSO), to provide security, and the security previously p...

Smith v. Malaysia Airlines Berhad  
Date: January 10, 2020
Docket Number: 18-7193

Justia Opinion Summary: This appeal arose out of the unexplained disappearance of Malaysia Airlines Flight MH370 somewhere over the Southern Indian Ocean in the early hours of March 8, 2014. Representatives of many of the passengers filed suit...

American Anti-Vivisection Society v. United States Department of Agriculture  
Date: January 10, 2020
Docket Number: 19-5015

Justia Opinion Summary: The DC Circuit reversed the district court's grant of the USDA's motion to dismiss, based on failure to state a claim, an action brought under the Administrative Procedure Act (APA) by two animal-rights groups, alleging...

Western Oilfields Supply Co. v. Secretary of Labor  
Date: January 7, 2020
Docket Number: 18-1296

Justia Opinion Summary: The DC Circuit denied Rain for Rent's petition for review of a $116 fine under the Federal Mine Safety and Health Act of 1977. Rain for Rent was given a citation after an employee forgot to set the parking brake on a com...

United States v. Marshall  
Date: January 7, 2020
Docket Number: 18-3012

Justia Opinion Summary: The DC Circuit affirmed defendant's conviction for six counts of sex trafficking and related crimes against minors, rejecting his claims of ineffective assistance of counsel. The court held that the existing record left...

United States v. Carr  
Date: January 7, 2020
Docket Number: 18-3053

Justia Opinion Summary: The DC Circuit affirmed the district court's holding that defendant's prior bank robbery convictions were crimes of violence and affirmed the denial of defendant's motion for post-conviction relief. The court need not re...