2021 D.C. Circuit US Court of Appeals Case Law

AT&T Services, Inc. v. Federal Communications Commission  
Date: December 28, 2021
Docket Number: 20-1190

Justia Opinion Summary: In 2020, the FCC opened the 6 gigahertz (GHz) band of radiofrequency spectrum to unlicensed devices—routers and the devices they connect to, such as smartphones, laptops, and tablets. In doing so, the Commission required...

Newman v. Federal Energy Regulatory Commission  
Date: December 28, 2021
Docket Number: 20-1324

Justia Opinion Summary: The DC Circuit granted a petition for review of two FERC orders that raised petitioners' electricity rates. The FERC orders validated accounting by Potomac-Appalachian Transmission Highline, LLC (PATH) under its formula...

Erwin v. Federal Aviation Administration  
Date: December 28, 2021
Docket Number: 20-1443

Justia Opinion Summary: The DC Circuit remanded to the FAA for it to consider the evidence petitioner provided and to make the explicit "why and wherefore" of its action. In this case, after petitioner, a commercial airline pilot with a diagnos...

United States v. Orange  
Date: December 28, 2021
Docket Number: 20-3013

Justia Opinion Summary: The DC Circuit affirmed defendant's 57 month sentence imposed after he pleaded guilty to two violations of 18 U.S.C. 922(g)(1), which prohibits certain felons from possessing firearms. Defendant argues that his attorney...

Weissman v. National Railroad Passenger Corp.  
Date: December 28, 2021
Docket Number: 20-7081

Justia Opinion Summary: Appellants, two individuals who have traveled on Amtrak in connection with their work and expect to continue doing so, sought declaratory and injunctive relief to prevent Amtrak from imposing an arbitration requirement o...

Tatneft v. Ukraine  
Date: December 28, 2021
Docket Number: 20-7091

Justia Opinion Summary: The DC Circuit affirmed the district court's grant of Tatneft's petition to confirm and enforce its arbitral award against Ukraine. The court agreed with the district court's decision rejecting Ukraine's arguments that t...

Jibril v. Mayorkas  
Date: December 21, 2021
Docket Number: 20-5202

Justia Opinion Summary: Plaintiffs filed suit against the Government, alleging violations of their Fourth and Fifth Amendments and the Administrative Procedure Act, and seeking declaratory and injunctive relief. Plaintiffs' action stemmed from...

California Public Utilities Commission v. Federal Energy Regulatory Commission  
Date: December 17, 2021
Docket Number: 20-1388

Justia Opinion Summary: The DC Circuit granted CPUC's petition for review of the Commission's approval of CAISO's proposal for revising the compensation structure for its Capacity Procurement Mechanism (CPM), a voluntary program designed to pro...

Niskanen Center v. Federal Energy Regulatory Commission  
Date: December 17, 2021
Docket Number: 20-5028

Justia Opinion Summary: The DC Circuit affirmed the district court's judgment upholding the Commission's nondisclosure decisions in this Freedom of Information Act (FOIA) case brought by Niskanen, seeking the names and addresses of property own...

United Airlines, Inc. v. Transportation Security Administration  
Date: December 14, 2021
Docket Number: 20-1222

Justia Opinion Summary: United sought refunds, pursuant to 49 U.S.C. 44940(g), from the TSA for payments it made to the TSA related to fees charged to airline passengers, and collected by airlines, that fund aviation security measures and are t...

Judicial Watch, Inc. v. Department of Justice  
Date: December 10, 2021
Docket Number: 20-5304

Justia Opinion Summary: Judicial Watch filed suit under the Freedom of Information Act (FOIA), seeking attachments to four emails sent to and from Acting Attorney General Sally Yates's DOJ email account on the same day that she issued her state...

Corbett v. Transportation Security Administration  
Date: December 10, 2021
Docket Number: 21-1074

Justia Opinion Summary: Petitioner sought review of the TSA's Mask Directives, issued in response to the ongoing COVID-19 pandemic, claiming that the TSA has no authority to issue the directives. Petitioner argued that TSA's authority under the...

Trump v. Thompson  
Date: December 9, 2021
Docket Number: 21-5254

Justia Opinion Summary: On January 6, 2021, a mob professing support for then-President Trump violently attacked the U.S. Capitol in an effort to prevent Congress from certifying the electoral college votes designating Joseph R. Biden the 46th...

Louisiana Public Service Commission v. Federal Energy Regulatory Commission  
Date: December 7, 2021
Docket Number: 20-1104

Justia Opinion Summary: The DC Circuit denied a petition for review challenging FERC's two orders regarding a utility company, Entergy Services, and a subset of sales at issue called the Grand Gulf Sales. The Louisiana Commission alleges that F...

United States v. Brevard  
Date: December 3, 2021
Docket Number: 20-3011

Justia Opinion Summary: Brevard left a halfway house, where he was serving a sentence for unlawful firearm possession, and did not return. Weeks later, he was apprehended and charged with escape, 18 U.S.C. 751(a). The U.S. Attorney’s Office ca...

Agudas Chasidei Chabad of United States v. Russian Federation  
Date: December 3, 2021
Docket Number: 20-7078

Justia Opinion Summary: Twentieth Century geopolitical events — World War I, the Bolshevik Revolution, the Russian Civil War, and World War II — forced leaders of Chabad Chasidism, a religious movement, to flee Russia, first to Latvia, then to...

Electronic Privacy Information Center v. United States Department of Justice  
Date: November 30, 2021
Docket Number: 20-5364

Justia Opinion Summary: BuzzFeed, a media outlet, sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA), 5 U.S.C. 552, seeking disclosure of an unredacted version of the report prepared by Special Counsel Robert Muel...

Alaska v. United States Department of Agriculture  
Date: November 16, 2021
Docket Number: 17-5260

Justia Opinion Summary: The State of Alaska and numerous intervenors filed suit challenging the Forest Service's issuance of the Roadless Rule, which prohibits (with some exceptions) all road construction, road reconstruction, and timber harves...

Truck Trailer Manufacturers Association, Inc. v. Environmental Protection Agency  
Date: November 12, 2021
Docket Number: 16-1430

Justia Opinion Summary: In 2016, the Environmental Protection Agency issued a rule for trailers pulled by tractors based on a statute enabling the EPA to regulate “motor vehicles.” In that same rule, the National Highway Traffic Safety Administ...

National Postal Policy Council v. Postal Regulatory Commission  
Date: November 12, 2021
Docket Number: 17-1276

Justia Opinion Summary: The 2006 Postal Accountability and Enhancement Act, 120 Stat. 3198, directed the Postal Regulatory Commission (PRC) to establish a rate-making system to govern the prices set by the U.S. Postal Service for its market-d...

Paul Morrissey v. Alejandro Mayorkas
Date: November 9, 2021
Docket Number: 20-5024
Stephenson v. Buttigieg  
Date: November 9, 2021
Docket Numbers: 20-5042, 20-5024

Justia Opinion Summary: Under Federal Rule of Civil Procedure 4, to sue an agency of the United States, a plaintiff must serve the agency and the United States. Service to the United States is delivered to the U.S. Attorney for the district wh...

UnitedHealthcare Insurance Company v. Xavier Becerra (ORDER)
Date: November 1, 2021
Docket Number: 18-5326
Schindler Elevator Corp. v. Washington Metropolitan Area Transit Authority  
Date: October 22, 2021
Docket Number: 21-7008

Justia Opinion Summary: Schindler filed suit alleging that WMATA arbitrarily eliminated it from consideration of a bid to replace escalators throughout WMATA's Metrol Rail System stations even though it complied with the Request for Proposal's...

Breiterman v. United States Capitol Police  
Date: October 15, 2021
Docket Number: 20-5295

Justia Opinion Summary: Breiterman was subjected to three disciplinary actions imposed by her employer, the U.S. Capitol Police. She was suspended after commenting to fellow employees that women had to “sleep with someone” to get ahead. She was...

Mowrer v. Department of Transportation  
Date: September 24, 2021
Docket Number: 19-5321

Justia Opinion Summary: Plaintiffs are commercial truck drivers who received citations for violating state vehicle safety laws. State officials reported these citations to the Federal Motor Carrier Safety Administration for inclusion in the Mot...

Cadillac of Naperville, Inc. v. National Labor Relations Board  
Date: September 17, 2021
Docket Number: 19-1150

Justia Opinion Summary: Cadillac of Naperville's service mechanics went on strike in 2017. The National Labor Relations Board found that the dealership responded to the strike unlawfully (29 U.S.C. 158(a)) by discharging one mechanic for his un...

United States v. Hillie  
Date: September 17, 2021
Docket Number: 19-3027

Justia Opinion Summary: Hillie was convicted of sexual exploitation of a minor, 18 U.S.C. 2251(a), attempted sexual exploitation of a minor, 18 U.S.C. 2251(e), possession of images of a minor engaging in sexually explicit conduct, 18 U.S.C. 225...

United States v. Tucker  
Date: September 3, 2021
Docket Number: 19-3042

Justia Opinion Summary: Six defendants were indicted in 2018 following an ATF investigation of drug activity at a D.C. barbershop. During a 2017 traffic stop, officers had found what appeared to be a drug ledger, approximately $9,000, and drug...

Broidy Capital Management LLC v. Muzin  
Date: September 3, 2021
Docket Number: 20-7040

Justia Opinion Summary: Broidy, an activist businessman, urged the government to oppose Qatar’s alleged funding and harboring of terrorists and to support the efforts of Qatar’s neighbors to isolate it economically. Broidy alleges that Qatar e...

Local 23, American Federation of Musicians v. National Labor Relations Board  
Date: August 31, 2021
Docket Number: 20-1010

Justia Opinion Summary: The San Antonio Symphony contracts to perform most of its shows at the Tobin Center. After the Tobin Center barred the Symphony’s musicians from distributing leaflets on the premises, the musicians’ union filed an unfair...

Hearth, Patio & Barbecue Association v. Environmental Protection Agency  
Date: August 27, 2021
Docket Number: 15-1056

Justia Opinion Summary: Wood smoke produced by home heaters can produce grave health consequences. To account for differences between residential and industrial or commercial sources, and in recognition that residential wood heater manufacturer...

Oklahoma Gas and Electric Co. v. Federal Energy Regulatory Commission  
Date: August 27, 2021
Docket Number: 20-1062

Justia Opinion Summary: Several utilities that are managed by the Southwest Power Pool (SPP), a regional transmission operator, paid for upgrades to the transmission grid. The operative tariff required other utilities who benefitted from these...

Knight First Amendment Institute at Columbia University v. Central Intelligence Agency  
Date: August 27, 2021
Docket Number: 20-5045

Justia Opinion Summary: Jamal Khashoggi, a prominent Saudi journalist, was murdered in a Saudi consulate in 2018, apparently on orders of the Saudi Crown Prince. Under the Freedom of Information Act, 5 U.S.C. 552(a)(3)(A), the plaintiffs sought...

Marcato v. United States Agency for International Development  
Date: August 24, 2021
Docket Number: 19-1041

Justia Opinion Summary: USAID administers the government’s foreign development assistance program. OIG, USAID’s oversight arm, includes Offices of Investigations and of Management. In 2012, OIG hired Marcato to the management office. Marcato f...

Cook Inlet Tribal Council, Inc. v. Mandregan  
Date: August 24, 2021
Docket Number: 19-5005

Justia Opinion Summary: Cook Inlet Tribal Council, representing federally recognized tribes in Alaska, opened an alcohol recovery center through a contract with the Indian Health Service. The Indian Self Determination and Education Assistance A...

Protect Democracy Project, Inc. v. National Security Agency  
Date: August 24, 2021
Docket Number: 20-5131

Justia Opinion Summary: Protect Democracy challenged the National Security Agency’s decision to withhold from disclosure under the Freedom of Information Act a memorandum the NSA Deputy Director wrote in 2017, memorializing what was said on a p...

Louisiana Public Service Commission v. Federal Energy Regulatory Commission  
Date: August 20, 2021
Docket Number: 20-1024

Justia Opinion Summary: Entergy, a public utility holding company, owns five operating companies that sell electricity in four states, including Louisiana. The companies have been governed by an agreement requiring them to act as a “single econ...

Transportation Division of the International Association of Sheet Metal, Air, Rail and Tranportation Workers v. e Federal Railroad Administration  
Date: August 20, 2021
Docket Number: 20-1117

Justia Opinion Summary: Under the 2008 Rail Safety Improvement Act, the Secretary of Transportation must promulgate regulations requiring certain railroad carriers to “develop a railroad safety risk reduction program,” 49 U.S.C. 20156(a)(1)(A))...

Cause of Action Institute v. Office of Management and Budget  
Date: August 20, 2021
Docket Number: 20-5006

Justia Opinion Summary: Cause, a nonprofit organization committed to government transparency and openness, submitted a FOIA request, 5 U.S.C. 552(a)(3)(A), for the internet browsing histories of several senior agency officials over a specified...

Lee Memorial Hospital v. Becerra  
Date: August 20, 2021
Docket Number: 20-5085

Justia Opinion Summary: Eight years ago, several hospitals challenged the Department of Health and Human Services’ methodology for calculating certain Medicare payments. The hospitals had sought expedited judicial review (EJR) from the Provide...

Miriyeva v. United States Citizenship and Immigration Services  
Date: August 17, 2021
Docket Number: 20-5032

Justia Opinion Summary: Miriyeva, a citizen of Azerbaijan, lawfully entered the U.S. and sought naturalization under 8 U.S.C. 1440. She enlisted in the U.S. Army through the Military Accessions Vital to the National Interest program, under whi...

Meza v. Renaud  
Date: August 17, 2021
Docket Number: 20-5079

Justia Opinion Summary: In 2002, Meza was served with a notice to appear, at a removal hearing, 8 U.S.C. 1229(a)(1), charging that he entered the country “at or near Brownsville, Texas,” and that he was “not then admitted or paroled after inspe...

UnitedHealthcare Insurance Co v. Becerra  
Date: August 13, 2021
Docket Number: 18-5326

Justia Opinion Summary: UnitedHealthcare Medicare Advantage insurers challenged the Overpayment Rule, promulgated by the Centers for Medicare and Medicaid Services (CMS) under 42 U.S.C. 1301-1320d-8, 1395-1395hhh, in an effort to trim costs. T...

Patten v. District of Columbia  
Date: August 13, 2021
Docket Number: 19-7074

Justia Opinion Summary: The Randolph-Sheppard Act (RSA) gives licensed blind individuals priority to operate vending facilities on federal property, 20 U.S.C. 107(b). The Secretary of Education promulgates implementing regulations and designat...

Environmental Health Trust v. Federal Communications Commission  
Date: August 13, 2021
Docket Number: 20-1025

Justia Opinion Summary: The FCC regulates facilities and devices that transmit radio waves and microwaves, including cell phones and facilities for radio, TV, and cell phone communications, 47 U.S.C. 302a(a). Radio waves and microwaves are ele...

New LifeCare Hospitals of North Carolina LLC v. Becerra  
Date: August 10, 2021
Docket Number: 20-5227

Justia Opinion Summary: In 2008, four long-term care hospitals that treat patients who are dually eligible for the Medicare and Medicaid programs were denied reimbursement by the Secretary of Health and Human Services for “bad debts,” unpaid co...

Bellion Spirits, LLC v. United States  
Date: August 6, 2021
Docket Number: 19-5252

Justia Opinion Summary: Bellion produces and distributes vodka that is infused with NTX, a proprietary blend that Bellion contends mitigates alcohol’s damage to a person’s DNA. Bellion filed a petition with the Alcohol and Tobacco Tax and Trade...

Public Citizen, Inc. v. Federal Energy Regulatory Commission  
Date: August 6, 2021
Docket Number: 20-1156

Justia Opinion Summary: A 2015 auction for electrical capacity (commitments by power plants to provide electricity to utilities in the future) in Illinois produced a striking result. Capacity in neighboring regions uniformly sold for less than...

Radmanesh v. Islamic Republic of Iran  
Date: August 3, 2021
Docket Number: 19-7121

Justia Opinion Summary: Radmanesh, a U.S. citizen born in 1969, lived in Iran, 1978-1986. In 1979, armed members of the Islamic Revolutionary Guard Corps, a military arm of the Iranian government, stormed into the family home and accused Radman...

Vecinos para el Bienestar de la Comunidad Costera v. Federal Energy Regulatory Commission  
Date: August 3, 2021
Docket Number: 20-1045

Justia Opinion Summary: The Federal Energy Regulatory Commission authorized the construction and operation of three liquified natural gas (LNG) export terminals on the shores of the Brownsville Shipping Channel in Cameron County, Texas, and the...

Finberg v. United States Department of Agriculture  
Date: August 3, 2021
Docket Number: 20-1235

Justia Opinion Summary: In 2009, Finberg became the Chief Operating Officer of Adams, a produce distributor. Grinstead was Adams’s CEO. In 2011, federal authorities investigated Adams for fraud against the Department of Defense. Finberg claims...

United States v. Gaskins  
Date: August 3, 2021
Docket Number: 20-3005

Justia Opinion Summary: Gaskins served almost eight years of a 22-year sentence on a narcotics conspiracy charge before the D.C. Circuit reversed his conviction for insufficient evidence in 2012. At his trial, Gaskins had invoked his constituti...

Communications Workers of America, AFL-CIO v. AT&T Inc.  
Date: August 3, 2021
Docket Number: 20-7043

Justia Opinion Summary: The Union and AT&T entered into a contract governing certification of the Union to represent non-management employees and the relationship between the parties, requiring the parties to arbitrate disputes over “the descri...

Klayman v. Judicial Watch, Inc.  
Date: July 30, 2021
Docket Number: 19-7105

Justia Opinion Summary: Klayman founded Judicial Watch in 1994 and served as its Chairman and General Counsel until 2003. Klayman claims he left voluntarily. Judicial Watch (JW) claims it forced Klayman to resign based on misconduct. During neg...

Alaska Communications Systems Holdings, Inc. v. National Labor Relations Board  
Date: July 30, 2021
Docket Number: 20-1032

Justia Opinion Summary: Alaska Communications provides telecommunications services throughout Alaska and in Oregon. While most of the company’s employees are based in Alaska, some are in Oregon. The union that represents a majority of the compa...

Usoyan v. Republic of Turkey  
Date: July 27, 2021
Docket Number: 20-7017

Justia Opinion Summary: On May 16, 2017, Turkish security forces clashed with protesters outside the Turkish ambassador’s Washington, D.C. residence. Injured protesters sued the Republic of Turkey, claiming that President Erdogan ordered the at...

Fort McDermitt Paiute and Shoshone Tribe v. Becerra  
Date: July 23, 2021
Docket Number: 19-5336

Justia Opinion Summary: Indian Health Services (IHS) previously provided health care to the federally recognized Tribe through a clinic in McDermitt, Nevada, and an emergency medical services program. Federal law entitles members of other tribe...

Communications Workers of America v. National Labor Relations Board  
Date: July 23, 2021
Docket Number: 20-1112

Justia Opinion Summary: T-Mobile’s Wichita service center employs approximately 600 customer service representatives. Since 2009, the Union has been attempting to organize the workers. In 2015, Befort, a customer service representative, emailed...

Saunders v. Kijakazi  
Date: July 23, 2021
Docket Number: 20-5263

Justia Opinion Summary: Saunders worked as a bus attendant for the Washington, D.C., school system, helping students with special needs and those in wheelchairs on and off the bus. On January 7, 2014, she slipped and fell on ice at work, suffer...

Khodorkovskaya v. Gay  
Date: July 23, 2021
Docket Number: 20-7018

Justia Opinion Summary: Inna Khodorkovskaya sued the director and the playwright of Kleptocracy, a play that ran for a month in 2019 at the Arena Stage in Washington, D.C. She alleged false light invasion of privacy and intentional infliction...

McKinney v. Wormuth  
Date: July 20, 2021
Docket Number: 20-5189

Justia Opinion Summary: Sergeant First Class McKinney served honorably in the Army for more than 20 years before retiring in 2007. Months later, he suffered a stroke at age 46. A VA doctor opined that of McKinney’s reported exposures during se...

iTech U.S., Inc v. Renaud  
Date: July 20, 2021
Docket Number: 20-5235

Justia Opinion Summary: iTech filed an I-140 (petition for alien worker) immigrant visa petition on behalf of Reddy. USCIS approved the petition two months later. In its application, iTech produced evidence of its ability to pay the proffered w...

McCarthy v. Pelosi  
Date: July 20, 2021
Docket Number: 20-5240

Justia Opinion Summary: In March 2020, the World Health Organization declared COVID-19 a pandemic. In response, the U.S. House of Representatives adopted House Resolution 965 in May 2020, establishing a process under which House Members can cas...

Cigar Association of America v. United States Food and Drug Administration  
Date: July 20, 2021
Docket Number: 20-5266

Justia Opinion Summary: The Family Smoking Prevention and Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act to establish a comprehensive regulatory scheme for tobacco products, defined as “any product made or derived from tob...

Kennedy v. Novo A/S  
Date: July 20, 2021
Docket Number: 20-7062

Justia Opinion Summary: Kennedy worked for Novo, promoting a new diabetes drug, Victoza. FDA approval of Victoza included specific conditions concerning a possible risk of thyroid cancer. According to Kennedy, in preparation for Victoza’s com...

Growth Energy v. Environmental Protection Agency  
Date: July 16, 2021
Docket Number: 19-1023

Justia Opinion Summary: The Clean Air Act’s Renewable Fuel Standard Program (42 U.S.C. 7547(o)(2)(A)(i)) calls for annual increases in the amount of renewable fuel introduced into the U.S. fuel supply and sets annual targets for renewable fuel...

United States v. Arrington  
Date: July 13, 2021
Docket Number: 19-3086

Justia Opinion Summary: In 2000, Arrington was convicted of assaulting a federal officer with a dangerous weapon and of unlawfully possessing a firearm as a convicted felon. The judge calculated a mandatory 210-240-month sentencing range and se...

United States v. Johnson  
Date: July 13, 2021
Docket Number: 19-3094

Justia Opinion Summary: In 2014, ATF agents executing a search warrant at Johnson’s home recovered explosive powder, items associated with the production of explosive devices, and boxes containing .37-millimeter ammunition shells with caps and...

Farrell v. Blinken  
Date: July 13, 2021
Docket Number: 19-5357

Justia Opinion Summary: In 1994, Farrell, a U.S. citizen, moved to Switzerland. He married a Swiss citizen; they had a child. In 2004, he naturalized as a Swiss citizen, allegedly with the intent of relinquishing his U.S. nationality; 8 U.S.C....

Selden v. Airbnb, Inc.  
Date: July 13, 2021
Docket Number: 19-7168

Justia Opinion Summary: When Selden signed up for Airbnb, an online home rental platform, he was presented with a sign-in webpage that informs the user he is agreeing to certain terms by signing up. Airbnb’s Terms of Service required that all d...

Great Lakes Communication Corp v. Federal Communications Commission  
Date: July 9, 2021
Docket Number: 19-1233

Justia Opinion Summary: Competitive carriers” compete with legacy “incumbent carriers,” descendants of AT&T’s broken-up monopoly that typically own local phone networks. Competitive carriers lease or purchase the use of incumbent networks to de...

United States v. Jabr  
Date: July 9, 2021
Docket Number: 19-3093

Justia Opinion Summary: In 2018, Jabr drove from California to the District of Columbia planning to meet then-President Trump in person. She believed herself to be a victim of a conspiracy between law enforcement and various casinos she visited...

In re: Domestic Airline Travel Antitrust Litigation  
Date: July 9, 2021
Docket Number: 19-7058

Justia Opinion Summary: Plaintiffs in districts across the country filed class action complaints against four airlines, alleging violations of the Sherman Act, 15 U.S.C. 1, 3, by colluding to decrease capacity and raise prices. These lawsuits w...

Delaware Division of the Public Advocate v. Federal Energy Regulatory Commission  
Date: July 9, 2021
Docket Number: 20-1212

Justia Opinion Summary: The Federal Energy Regulatory Commission regulates the transmission and wholesale of electric energy in interstate commerce, 16 U.S.C. 824(b), and must approve changes to any rate or charge. PJM, a regional transmission...

Wang v. Blinken  
Date: July 9, 2021
Docket Number: 20-5076

Justia Opinion Summary: A limited number of visas are available to foreign investors who create jobs in the United States; investors’ spouses and children have the “same status” and “same order of consideration” for those visas as the investors...

National Council for Adoption v. Blinken  
Date: July 9, 2021
Docket Number: 20-5158

Justia Opinion Summary: The State Department posted to its website a list of frequently asked questions about international adoptions, stating that “a soft referral is not [an] acceptable practice.” This sentence sparked confusion because many...

United States v. Hale-Cusanelli  
Date: July 7, 2021
Docket Number: 21-3029

Justia Opinion Summary: Hale-Cusanelli, then enlisted in the Army Reserves and working as a Navy contractor, was arrested following the January 6, 2021 incident at the U.S. Capitol. Hale-Cusanelli did not have a weapon and entered the Capitol t...

United States v. Doost  
Date: July 6, 2021
Docket Number: 19-3079

Justia Opinion Summary: Doost and his brother owned a company in the United Arab Emirates; its subsidiary, the “Mine,” secured a 10-year lease on an Afghanistan marble mine. Doost obtained a $15.8 million loan from the Overseas Private Investme...

Cimino v. International Business Machines Corp.  
Date: July 6, 2021
Docket Number: 19-7139

Justia Opinion Summary: Cimino, a former IBM senior sales representative, filed a qui tam action, alleging that IBM violated the False Claims Act, 31 U.S.C. 3729(a)(1)(A), by fraudulently inducing the IRS to enter a $265 million license agreeme...

The Judge Rotenberg Educational Center, Inc. v. United States Food and Drug Administration  
Date: July 6, 2021
Docket Number: 20-1087

Justia Opinion Summary: Educational Center treats patients with severe mental disabilities, some of whom suffer from severe self-injurious and aggressive behaviors that are difficult or impossible to treat using conventional behavioral and phar...

Cato Institute v. Securities and Exchange Commission  
Date: July 6, 2021
Docket Number: 20-5054

Justia Opinion Summary: Defendants who enter into SEC consent decrees gain certain benefits: they may settle a complaint without admitting the SEC’s allegations, and often receive concessions. The SEC does not permit a defendant to consent to a...

Banks v. Booth  
Date: July 6, 2021
Docket Number: 20-5216

Justia Opinion Summary: In March 2020, the District of Columbia's mayor declared a public health emergency due to the COVID-19 pandemic. The Department of Corrections responded by instituting policies intended to protect its employees and inmat...

Jam v. International Finance Corp.  
Date: July 6, 2021
Docket Number: 20-7092

Justia Opinion Summary: The plaintiffs are residents of Gujarat, India, an Indian governmental entity, and a nonprofit focused on fish workers' rights. IFC is an international organization of 185 member countries. The plaintiffs allege that t...

Yocha Dehe Wintun Nation v. United States Department of the Interior  
Date: July 6, 2021
Docket Number: 21-5009

Justia Opinion Summary: The Indian Gaming Regulatory Act, 25 U.S.C. 2719, allows a federally recognized Indian tribe to conduct gaming on lands taken into trust by the Secretary of the Interior as of October 17, 1988 and permits gaming on lands...

American Fuel & Petrochemical Manufacturers v. Environmental Protection Agency  
Date: July 2, 2021
Docket Number: 19-1124

Justia Opinion Summary: In 2018, the President directed the EPA to initiate rulemaking to consider expanding Reid Vapor Pressure waivers for fuel blends containing gasoline and up to 15 percent ethanol (E15), and to “increase transparency in th...

American Federation of Government Employees Local 3690 v. Federal Labor Relations Authority  
Date: July 2, 2021
Docket Number: 20-1183

Justia Opinion Summary: FCI Miami employees work in several departments. When the Custody Department was short-staffed, FCI either left Custody positions vacant or paid a Custody employee overtime. In 2016, FCI notified the union (AFGE) that it...

Reporters Committee for Freedom of the Press v. Federal Bureau of Investigation  
Date: July 2, 2021
Docket Number: 20-5091

Justia Opinion Summary: FBI agents impersonated members of the press so that they could trick an unknown student who had threatened to bomb his school into revealing his identity. When news of the FBI’s tactics became public, media organization...

Milice v. Consumer Product Safety Commission  
Date: July 2, 2021
Docket Number: 21-1071

Justia Opinion Summary: In 2019, the Consumer Product Safety Commission revised its safety standard for infant bath seats, stating: “Each infant bath seat shall comply with all applicable provisions of ASTM F1967–19, Standard Consumer Safety Sp...

Farrar v. Nelson  
Date: June 29, 2021
Docket Number: 19-5343

Justia Opinion Summary: Farrar began working for NASA in 2010. When NASA fired him five months later, he filed an administrative action alleging disability discrimination under the Rehabilitation Act, 29 U.S.C. 791 –794g. For the most part, Fa...

New York Stock Exchange LLC v. Securities and Exchange Commission  
Date: June 29, 2021
Docket Number: 20-1242

Justia Opinion Summary: Thirteen nationally registered stock exchanges sought review of four orders issued by the Securities and Exchange Commission concerning national market system plans that govern the collection, processing, and distributio...

Overdevest Nurseries, LP v. Walsh  
Date: June 25, 2021
Docket Number: 20-5163

Justia Opinion Summary: After the Department of Labor determined that Overdevest had violated regulations governing the H-2A temporary visa program, the plant nursery challenged the regulations in district court. The Department concluded that O...

Environmental Defense Fund v. Federal Energy Regulatory Commission  
Date: June 22, 2021
Docket Number: 20-1016

Justia Opinion Summary: Spire planned to build a St. Louis-area pipeline and unsuccessfully solicited natural gas “shippers” to enter into preconstruction “precedent agreements.” Spire later entered into a precedent agreement with its affiliat...

National Treasury Employees Union v. Federal Labor Relations Authority  
Date: June 22, 2021
Docket Number: 20-1148

Justia Opinion Summary: The Federal Service Labor-Management Relations Statute (FSLMRS), 5 U.S.C. 7101, requires federal agencies to bargain with unions over conditions of employment, with exceptions, including management’s rights to assign wor...

Food & Water Watch v. United States Department of Agriculture  
Date: June 22, 2021
Docket Number: 20-5100

Justia Opinion Summary: A prospective farmer sought loans for a poultry farm to be built in Caroline County, Maryland. The lender applied for a Farm Service Agency (FSA) loan guarantee. Regulations interpreting the National Environmental Polic...

Khochinsky v. Republic of Poland  
Date: June 18, 2021
Docket Number: 19-7160

Justia Opinion Summary: Khochinsky, a Russian national living in the U.S., contacted the Republic of Poland seeking restitution for the loss of his family’s land during the Nazi invasion. In exchange, Khochinsky offered a painting in his posses...

M.M.V. v. Garland  
Date: June 18, 2021
Docket Number: 20-5106

Justia Opinion Summary: The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) includes expedited procedures to remove certain inadmissible aliens arriving at the border, 8 U.S.C. 1225(b)(1). The plaintiffs, inadmissible alie...

The Nasdaq Stock Market LLC v. Securities and Exchange Commission  
Date: June 15, 2021
Docket Number: 20-1181

Justia Opinion Summary: The DC Circuit dismissed, based on lack of jurisdiction, petitions for review of the SEC's order directing stock exchanges to submit a proposal to replace three plans that govern the dissemination of certain types of dat...

United States v. Lassiter  
Date: June 15, 2021
Docket Number: 20-3021

Justia Opinion Summary: In 2009, defendant was sentenced to 324 months imprisonment after pleading guilty to multiple counts of conviction stemming from his role in a kidnapping and attempted murder. In 2020, following a change in law, the dist...

United States v. Jones  
Date: June 15, 2021
Docket Number: 20-3034

Justia Opinion Summary: The DC Circuit affirmed the district court's denial of defendant's motion to suppress a firearm seized from his waistband, holding that the officers who seized the gun had reasonable suspicion that defendant was involved...

United States v. Lawrence  
Date: June 15, 2021
Docket Number: 20-3061

Justia Opinion Summary: In 2009, defendant was sentenced to nearly 21 years in prison for selling 21.1 grams of crack cocaine. After Congress enacted the First Step Act in 2018, defendant filed a motion for sentence reduction. The district cour...

The Nasdaq Stock Market LLC v. SEC (ORDER)
Date: June 15, 2021
Docket Number: 21-1050
United States v. Thomas  
Date: June 11, 2021
Docket Number: 19-3015

Justia Opinion Summary: Thomas, a resident of Jamaica, pleaded guilty to interstate communication with intent to extort, 18 U.S.C. 875(b), after botching a lottery scam. Thomas waived most of his rights to appeal, retaining only the rights to c...

Secretary of Labor v. M-Class Mining, LLC  
Date: June 11, 2021
Docket Number: 20-1369

Justia Opinion Summary: During repair operations in M-Class's underground mine, a miner experienced chest pains and difficulty breathing. At a hospital, a physician examined him and notified the police that a miner was suffering from CO poisoni...

National Labor Relations Board v. NP Palace LLC  
Date: June 8, 2021
Docket Number: 20-1008

Justia Opinion Summary: Slot-machine technicians at Palace Casino voted to organize. The NLRB certified Local 501 to represent them. The union asked Palace to produce documents. Palace refused, believing that the union should not have been cert...

Tri-County Telephone Association, Inc. v. e Federal Communications Commission  
Date: June 4, 2021
Docket Number: 20-1003

Justia Opinion Summary: Hurricanes Irma and Maria devastated Puerto Rico and the U.S. Virgin Islands (the Territories) in September 2017 and destroyed large portions of the Territories’ telecommunications networks. In response, the FCC issued t...

Telesat Canada v. Federal Communications Commission  
Date: June 4, 2021
Docket Number: 20-1234

Justia Opinion Summary: A 1993 Communications Act amendment required the FCC to collect regulatory fees to recover the costs of its activities. “Space stations” (satellites) were included in the schedule but there were blanket exceptions for g...

Phoenix Herpetological Society, Inc. v. Fish and Wildlife Service  
Date: June 4, 2021
Docket Number: 20-5161

Justia Opinion Summary: The Grand Cayman Blue Iguana is protected by the Endangered Species Act, 16 U.S.C. 1531, and by the Convention on International Trade in Endangered Species, which ban their collection, trade, and export. The Secretary o...

Judicial Watch, Inc. v. Schiff  
Date: June 4, 2021
Docket Number: 20-5270

Justia Opinion Summary: Judicial Watch sued the House Permanent Select Committee on Intelligence and its chairman Adam B. Schiff, seeking disclosure of all subpoenas issued to any telecommunications provider as a part of the Committee’s 2019 Tr...

Corley v. Department of Justice  
Date: June 1, 2021
Docket Number: 19-5106

Justia Opinion Summary: Corley was convicted of three counts of sex trafficking of a minor. Corley subsequently sent Freedom of Information Act (FOIA) requests concerning his own case. The Department of Justice withheld 323 pages of responsive...

Trinity Services Group, Inc. v. National Labor Relations Board  
Date: June 1, 2021
Docket Number: 20-1014

Justia Opinion Summary: Trinity employee Victoria’s timecard indicated that she had earned three days of paid leave. The company’s records indicated otherwise. Victoria and her unionized coworkers had a unique paid-leave plan, different from th...

Cause of Action Institute v. Department of Justice  
Date: June 1, 2021
Docket Number: 20-5182

Justia Opinion Summary: COA submitted a Freedom of Information Act (FOIA), 5 U.S.C. 552, request, seeking access to specified Department of Justice (DOJ) records. The response indicated that 143 pages contained records that were responsive to t...

Western Coal Traffic League v. Surface Transportation Board  
Date: May 28, 2021
Docket Number: 20-1058

Justia Opinion Summary: The Surface Transportation Board deadlocked 1–1–1 on what, if anything, to do about an existing rule governing rail carrier fuel surcharges. After five years with no majority position on how to proceed, the Board unanimo...

Union of Concerned Scientists v. United States Department of Energy  
Date: May 28, 2021
Docket Number: 20-1247

Justia Opinion Summary: The Union of Concerned Scientists sought review of a Department of Energy (DOE) rule concerning the designation of “critical electric infrastructure information,” 16 U.S.C. 824o-1(a)(3), exempted from FOIA disclosure and...

MediNatura, Inc. v. Food and Drug Administration  
Date: May 28, 2021
Docket Number: 20-5341

Justia Opinion Summary: The Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 321(g) regulates homeopathic drugs. A 1988 FDA guidance document outlined the circumstances in which the FDA intended to exercise its discretion not to enforce the full...

Chandler v. Berlin  
Date: May 28, 2021
Docket Number: 20-7020

Justia Opinion Summary: Eringer is a writer of espionage-themed books and an "intelligence operative." Eringer, working for Prince Albert II of Monaco, hired Berlin to investigate the Chandler brothers, businessmen operating in Monaco. In 2003,...

District No. 1, Pacific Coast District, Marine Engineers' Beneficial Ass'n v. Liberty Maritime Corp.  
Date: May 25, 2021
Docket Number: 19-7009

Justia Opinion Summary: At issue in this labor dispute case is who decides whether the arbitrator was validly (i.e., mutually rather than unilaterally) appointed: the challenged arbitrator himself, or instead a court. The district court conclud...

Spirit Airlines, Inc. v. United States Department of Transportation  
Date: May 21, 2021
Docket Number: 19-1248

Justia Opinion Summary: Until 2016, the FAA maintained a formal “slot control” system at Newark International Airport, requiring each airline to request a “slot” for each takeoff or landing. The FAA currently announces caps on takeoffs and lan...

United States v. Mabry  
Date: May 21, 2021
Docket Number: 19-3050

Justia Opinion Summary: Metropolitan Police officers in uniform, with body cameras, were patrolling an area known for gun- and drug-related crime. They saw three men hanging out on the sidewalk and exited their car to talk to them. One man bega...

Porup v. Central Intelligence Agency  
Date: May 21, 2021
Docket Number: 20-5144

Justia Opinion Summary: Porup submitted a Freedom of Information Act (FOIA) request for “documents relating to CIA use of poison for covert assassination.” The CIA refused to process Porup’s request because Executive Order 12,333 makes it unlaw...

Service Employees International Union Local 32BJ v. Preeminent Protective Services, Inc.  
Date: May 18, 2021
Docket Number: 19-7157

Justia Opinion Summary: Preeminent took over a security services contract but refused to hire two guards who had previously worked at the D.C. site. According to the Union, SEIU, the refusal violated a collective-bargaining agreement. In May 20...

United States v. Long  
Date: May 18, 2021
Docket Number: 20-3064

Justia Opinion Summary: Long is serving a 29-year sentence at a federal medical penitentiary for violent racketeering offenses committed over the course of three decades. A double amputee, he suffers from other disabling medical conditions. As...

Hurd v. District of Columbia  
Date: May 14, 2021
Docket Number: 20-7003

Justia Opinion Summary: Four years after his release from prison, and after completing three years of supervised release, plaintiff was told he would have to serve another 27 months in jail based on an erroneous release from prison because he h...

RAV Truck and Trailer Repairs, Inc. v. National Labor Relations Board  
Date: May 11, 2021
Docket Number: 20-1090

Justia Opinion Summary: A complaint was filed with the Board alleging that the Company had violated sections 8(a)(3) and (1) of the National Labor Relations Act (NLRA) by discharging one employee, laying off another employee, and closing RAV be...

Pavement Coatings Technology Council v. United States Geological Survey  
Date: May 7, 2021
Docket Number: 20-5035

Justia Opinion Summary: PCTC filed a request under the Freedom of Information Act (FOIA) seeking release of USGS records relating to the agency's coal tar sealant studies. USGS produced 52,000 pages of records, but withheld the modeling data an...

Mary Chambers v. DC (EN BANC ORDER)
Date: May 5, 2021
Docket Number: 19-7098
Electronic Privacy Information Center v. Drone Advisory Committee  
Date: April 30, 2021
Docket Number: 19-5238

Justia Opinion Summary: This case involves four subgroups of the Drone Advisory Committee (DAC), which provided advice to the Federal Aviation Administration (FAA). The subgroups—one subcommittee and three task groups—provided advice to the DAC...

United States v. Moreno-Membache  
Date: April 27, 2021
Docket Number: 19-3051

Justia Opinion Summary: Defendant entered a guilty plea on the understanding that the government would not argue that he was ineligible for a sentence reduction because of his alleged supervisory or managerial role in a drug-smuggling conspirac...

United States v. Parks  
Date: April 27, 2021
Docket Number: 19-3081

Justia Opinion Summary: After defendant pleaded guilty to one count of knowingly transporting an individual to engage in prostitution, in violation of 18 U.S.C. 2421(a), the district court sentenced him to 22 months in prison and six years of s...

United States v. Carbajal Flores  
Date: April 23, 2021
Docket Number: 19-3100

Justia Opinion Summary: Defendant pleaded guilty to three counts related to his involvement in a Mexican cartel called the Los Zetas. The first count involved a racketeer influenced and corrupt organization (RICO) conspiracy to import controlle...

Ivanenko v. Yanukovich  
Date: April 23, 2021
Docket Number: 20-7033

Justia Opinion Summary: Appellants challenge the district court's dismissal of their claims against Ukraine for lack of subject matter jurisdiction pursuant to the Foreign Sovereign Immunities Act (FSIA). Appellants' claims stemmed from Ukraine...

Fisher v. Pension Benefit Guaranty Corp.  
Date: April 20, 2021
Docket Number: 20-7063

Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment to PBGC, concluding that 29 C.F.R. 4044.4(b) is valid and that the PBGC Appeals Board reasonably applied section 4044.4(b) to deny appellant's lumpsu...

Stand Up For California! v. United States Department of the Interior  
Date: April 16, 2021
Docket Number: 19-5285

Justia Opinion Summary: Wilton Rancheria, a Sacramento area Indian tribe, was federally recognized in 1927. The 1958 Rancheria Act disestablished Wilton and 40 other reservations. In 1979, several California rancherias, including Wilton, sued....

Communications Workers of America v. National Labor Relations Board  
Date: April 16, 2021
Docket Number: 20-1044

Justia Opinion Summary: T-Mobile's call centers employ customer service representatives (CSRs). Since 2009, the union, CWA, has attempted to organize T-Mobile CSRs but has not filed a representation petition. In 2015, T-Mobile launched T-Voice...

Genus Medical Technologies LLC v. United States Food and Drug Administration  
Date: April 16, 2021
Docket Number: 20-5026

Justia Opinion Summary: The Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 301, sets forth separate and detailed regimes for the regulation of medical products classified as drugs or devices. Since 2017, the U.S. Food and Drug Administr...

Webb v. United States Veterans Initiative and Community Partnership  
Date: April 16, 2021
Docket Number: 20-7004

Justia Opinion Summary: Webb, a disabled veteran, was referred to U.S. Vets, which administered the Supportive Housing Program, for participants to live with a roommate in multiple-occupancy units, and Shelter Plus Care, for chronically homeles...

Swinomish Indian Tribal Community v. Becerra  
Date: April 13, 2021
Docket Number: 19-5299

Justia Opinion Summary: After the Indian Health Service agreed to pay the Swinomish Indian Tribal Community to run a health program on the Swinomish Reservation, Swinomish filed suit under the Contract Disputes Act and Declaratory Judgment Act,...

Akhmetshin v. Browder  
Date: April 13, 2021
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...

The American Bottling Co. v. National Labor Relations Board  
Date: April 13, 2021
Docket Number: 20-1031

Justia Opinion Summary: The DC Circuit denied the Company's petition for review of the Board's decision affirming the Regional Director's determination that the Company had failed to demonstrate that elimination of the position was both definit...

In re: al-Tamir  
Date: April 9, 2021
Docket Number: 19-1212

Justia Opinion Summary: A military commission was convened to try al-Tamir, apprehended in Turkey in 2006 and held at Guantanamo Bay for seven years without charges, for war crimes. Captain Waits presided over al-Tamir’s commission for two and...

Citizens for Responsibility v. Federal Election Committee  
Date: April 9, 2021
Docket Number: 19-5161

Justia Opinion Summary: CREW filed a citizen complaint with the Federal Election Commission against New Models, a now-defunct non-profit entity, alleging violations of the Federal Election Campaign Act’s (FECA) registration and reporting requir...

USA v. Eric Scurry (ORDER)
Date: April 5, 2021
Docket Number: 18-3067
Aguiar v. Drug Enforcement Administration  
Date: April 2, 2021
Docket Number: 18-5356

Justia Opinion Summary: Appellant, who was convicted in 2011 of federal narcotics charges based partly on GPS surveillance conducted by DEA, submitted a Freedom of Information Act (FOIA) request to DEA for a CD "containing the DEA computer file...

RadNet Management, Inc. v. National Labor Relations Board  
Date: April 2, 2021
Docket Number: 19-1180

Justia Opinion Summary: In consolidated petitions for review, RadNet challenges the Board's decisions finding unfair labor practices based on RadNet's refusal to bargain with the Union on behalf of six separate bargaining units, each representi...

VoteVets Action Fund v. United States Department of Veterans Affairs  
Date: March 30, 2021
Docket Number: 19-5337

Justia Opinion Summary: VoteVets claims that the Federal Advisory Committee Act applies to an entity allegedly established by President Trump and the Department of Veterans Affairs to advise the Department. VoteVets calls the entity the "Mar-a-...

Shafer & Freeman Lakes Environmental Conservation Corp. v. Federal Energy Regulatory Commission  
Date: March 26, 2021
Docket Number: 19-1066

Justia Opinion Summary: In 2012, U.S. Fish and Wildlife Service scientists discovered that endangered mussels were dying on the banks of Indiana's Tippecanoe River. The Service focused on the upstream Oakdale Dam, which significantly restricts...

Secretary of Labor v. Knight Hawk Coal, LLC  
Date: March 26, 2021
Docket Number: 20-1299

Justia Opinion Summary: The Federal Mine Safety and Health Amendments Act, 30 U.S.C. 801, requires the Secretary of the Department of Labor, through the Mine Safety and Health Administration (MSHA), to negotiate mine-specific ventilation plans...

In re: Klayman  
Date: March 26, 2021
Docket Number: 20-7110

Justia Opinion Summary: Klayman founded Judicial Watch in 1994 and was its general counsel until 2003. Following a 2013 complaint to the D.C. Bar, a Hearing Committee concluded that Klayman violated Professional Conduct Rules 8.4(d) and 1.9. O...

United States v. Munchel  
Date: March 26, 2021
Docket Number: 21-3010

Justia Opinion Summary: The DC Circuit considered an appeal of a pretrial detention order issued after a magistrate judge had previously ordered the two appellants released pursuant to a lengthy set of stringent conditions. After appellants, Er...

BCP Trading and Investments, LLC v. Commissioner of Internal Revenue  
Date: March 23, 2021
Docket Number: 19-1068

Justia Opinion Summary: After the Commissioner issued tax adjustments to the partnership of BCP, members of BCP, themselves limited partnerships, challenged the adjustments, arguing they were untimely and that the Commissioner mistakenly determ...

Tah v. Global Witness Publishing, Inc.  
Date: March 19, 2021
Docket Number: 19-7132

Justia Opinion Summary: Plaintiffs, two former Liberian officials, allege that Global Witness, an international human rights organization, published a report falsely implying that they had accepted bribes in connection with the sale of an oil l...

Hawkins v. Haaland  
Date: March 19, 2021
Docket Number: 20-5074

Justia Opinion Summary: Ranchers in the Upper Klamath Basin region filed suit to prevent the exercise of water rights that interfere with the irrigation of their lands. The district court dismissed the complaint based on lack of standing under...

Kapur v. Federal Communications Commission  
Date: March 16, 2021
Docket Number: 20-1047

Justia Opinion Summary: The Kapurs invested $300,000 in KAXT-CD, a Bay Area TV station, for 42% ownership in the Seller. In 2013, over the Kapurs' objections, the Seller proceeded with a $10.1 million sale of assets to First Buyer, which applie...

United States v. Shi  
Date: March 16, 2021
Docket Number: 20-3010

Justia Opinion Summary: Drill riser buoyancy modules (DRBMs) are the high-tech equivalent of water wings for the miles of steel pipe that extend from drillships to the ocean floor and carry oil from natural deposits tens of thousands of feet be...

Kwoka v. IRS  
Date: March 9, 2021
Docket Number: 19-5310

Justia Opinion Summary: Plaintiff, a law professor, filed suit under the Freedom of Information Act (FOIA), seeking information regarding nine categories of information about each FOIA request received by the IRS in Fiscal Year 2015. The IRS g...

New Jersey v. Environmental Protection Agency  
Date: March 5, 2021
Docket Number: 08-1065

Justia Opinion Summary: The DC Circuit denied the State of New Jersey's petition for review of an EPA rule promulgated in response to New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). In New York, environmental organizations and industrial entities...

United Food and Commercial Workers Union v. National Labor Relations Board  
Date: March 5, 2021
Docket Number: 20-1027

Justia Opinion Summary: The DC Circuit dismissed the union's petition for review of the Board's decision dismissing an unfair labor practice complaint against Kroger Limited Partnership I. The union charged Kroger with violating section 8(a)(1)...

Public Service Electric and Gas Co. v. Federal Energy Regulatory Commission  
Date: March 2, 2021
Docket Number: 19-1091

Justia Opinion Summary: In 2016, the Federal Energy Regulatory Commission approved, as just and reasonable, cost allocations filed by PJM, the Mid–Atlantic’s regional transmission organization, for a project to improve the reliability of three...

McNary v. Federal Mine Safety and Health Review Commission  
Date: March 2, 2021
Docket Number: 20-1049

Justia Opinion Summary: McNary worked as a “gland manager” and miners’ representative at Alcoa’s Point Comfort, Texas Bayer Alumina Plant. On January 8, 2014, while performing his daily safety rounds, McNary observed hot slurry spewing out of a...

Hammer v. United States  
Date: February 26, 2021
Docket Number: 19-5174

Justia Opinion Summary: After appellant filed a breach of contract claim against the Government in D.C. Superior Court, the Government removed to district court and subsequently dismissed the claim. Appellant appealed, arguing that under 28 U.S...

Springsteen-Abbott v. Securities and Exchange Commission  
Date: February 26, 2021
Docket Number: 20-1092

Justia Opinion Summary: This appeal arose from petitioner's mismanagement of two related businesses, Commonwealth Capital and Commonwealth Securities. After FINRA determined that petitioner misused investor funds and tried to cover it up, FINRA...

National Hot Rod Ass'n v. National Labor Relations Board  
Date: February 23, 2021
Docket Number: 20-1152

Justia Opinion Summary: The DC Circuit granted a petition for review of the Board's decision determining that the Association violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with the Union. The court e...

United States v. Scurry  
Date: February 19, 2021
Docket Number: 18-3067

Justia Opinion Summary: In an action challenging the voluntary and intelligent nature of appellant's plea as to certain drug and drug-related offenses, the DC Circuit concluded that the appointment of counsel was not in the interest of justice...

International Transmission Co. v. Federal Energy Regulatory Commission  
Date: February 19, 2021
Docket Number: 19-1190

Justia Opinion Summary: The DC Circuit denied a petition for review brought by three electrical transmission companies (Transcos), subsidiaries of the same parent company, challenging FERC's decision to reduce the enhanced return on equity FERC...

Chambers v. District of Columbia  
Date: February 19, 2021
Docket Number: 19-7098

Justia Opinion Summary: The DC Circuit affirmed the district court's grant of summary judgment to the District in an action brought under Title VII of the Civil Rights Act of 1964 by plaintiff, alleging that OAG's denial of her multiple request...

Leggett & Platt, Inc. v. National Labor Relations Board  
Date: February 19, 2021
Docket Number: 20-1060

Justia Opinion Summary: Employer petitioned for review of NLRB orders which concluded, among other things, that employer had committed an unfair labor practice (ULP) by withdrawing recognition from its employees' union based on a petition signe...

Fleming v. United States Department of Agriculture  
Date: February 16, 2021
Docket Number: 17-1246

Justia Opinion Summary: The DC Circuit granted petitions for review asking the court to set aside the Department's decisions imposing sanctions on petitioners for violating the Horse Protection Act. The Supreme Court subsequently decided Lucia...

United States v. Greer  
Date: February 16, 2021
Docket Number: 19-5070

Justia Opinion Summary: The DC Circuit reversed the district court's grant of summary judgment for the government in an action brought by the government seeking to collect a settlement against defendant. The court first rejected defendant's cla...

Community Oncology Alliance, Inc. v. Office of Management and Budget  
Date: February 16, 2021
Docket Number: 19-5116

Justia Opinion Summary: The DC Circuit held that the district court lacked subject matter jurisdiction over plaintiff's challenge to a reduction in Medicare drug reimbursement rates caused by a sequestration order under the Balanced Budget Act....

Xereas v. Heiss  
Date: February 16, 2021
Docket Number: 19-7108

Justia Opinion Summary: Plaintiff, who holds the RIOT ACT trademark, entered into a business agreement with defendants to open the Riot Act Comedy Club in downtown D.C. Plaintiff subsequently filed suit to recover damages from defendants' alleg...

Fresno Community Hospital and Medical Center v. Cochran  
Date: February 9, 2021
Docket Number: 19-5254

Justia Opinion Summary: When Medicare overpays hospitals, it offsets that mistake by reducing future payments. By 2013, Medicare was out $11 billion because of new diagnostic codes and bookkeeping that did not keep up. Congress required that th...

Wilcox v. Georgetown University  
Date: February 9, 2021
Docket Number: 19-7065

Justia Opinion Summary: Participants in Georgetown University retirement plans sued the University and individual plan fiduciaries, seeking to bring individual and representative class action claims for breach of fiduciary duty under the Employ...

Leopold v. Central Intelligence Agency  
Date: February 9, 2021
Docket Number: 20-5002

Justia Opinion Summary: A 2017 “tweet” by @realDonaldTrump stated: “The Amazon Washington Post fabricated the facts on my ending massive, dangerous, and wasteful payments to Syrian rebels fighting Assad.” BuzzFeed requested CIA records about A...

Dimondstein v. Stidman  
Date: February 5, 2021
Docket Number: 19-7161

Justia Opinion Summary: Plaintiff, the President of the American Postal Workers Union, filed suit against two union members, Jerry Stidman and Jonathan Kelley, for defamation. Plaintiff is a District of Columbia resident, Stidman is an Indiana...

Sierra Club v. Environmental Protection Agency  
Date: January 29, 2021
Docket Number: 15-1465

Justia Opinion Summary: In these consolidated cases, petitioners challenge four provisions of the EPA's 2015 and 2018 rules implementing the National Ambient Air Quality Standards for ozone. Petitioners challenge four features of the 2018 Rule:...

Sundel v. United States  
Date: January 26, 2021
Docket Number: 19-1234

Justia Opinion Summary: Petitioner, a defense attorney with no client, petitioned to reverse a procedural ruling excluding the public from a classified hearing in an appeal filed by other attorneys who, like plaintiff, have no client. Because m...

Standing Rock Sioux Tribe v. United States Army Corps of Engineers  
Date: January 26, 2021
Docket Number: 20-5197

Justia Opinion Summary: The DC Circuit held that the Corps violated the National Environmental Policy Act (EPA) by issuing an easement allowing the Dakota Access Pipeline to transport crude oil through federally owned land at the Lake Oahe cros...

Baan Rao Thai Restaurant v. Pompeo  
Date: January 22, 2021
Docket Number: 19-5231

Justia Opinion Summary: Baan Rao Thai Restaurant and plaintiffs seek review of a consular officer's decision to deny visas for plaintiffs, asserting their claims fall within one of the consular nonreviewability doctrine's narrow exceptions. T...

Aircraft Service International, Inc. v. Federal Energy Regulatory Commission  
Date: January 22, 2021
Docket Number: 20-1013

Justia Opinion Summary: The DC Circuit denied a petition for review challenging FERC's determination that fuel transported by pipeline to Orlando's airport—after being delivered to the Port of Tampa—moves intrastate. The court upheld the ALJ's...

American Lung Association v. Environmental Protection Agency  
Date: January 19, 2021
Docket Number: 19-1140

Justia Opinion Summary: The Environmental Protection Agency (EPA) adopted the 2019 Affordable Clean Energy Rule (ACE Rule), 84 Fed. Reg. 32,520, repealing and replacing the Clean Power Plan as a means of regulating power plants’ emissions of gr...

Muthana v. Pompeo  
Date: January 19, 2021
Docket Number: 19-5362

Justia Opinion Summary: In 1990, Muthana was appointed as the First Secretary of the Permanent Mission of Yemen to the U.N. In 1994, Yemen terminated Muthana and required him to surrender his diplomatic credentials and Muthana's daughter, Hoda,...

Erwin-Simpson v. AirAsia Berhad  
Date: January 19, 2021
Docket Number: 19-7034

Justia Opinion Summary: Erwin-Simpson, a D.C. resident, alleges that she suffered injuries in 2016 on a flight from Malaysia to Cambodia with Malaysia-based AirAsia when a flight attendant spilled boiling water on her. She sued under the Montre...

Kareem v. Haspel  
Date: January 15, 2021
Docket Number: 19-5328

Justia Opinion Summary: Appellant, a United States citizen working in Syria as a journalist, seeks a declaration that his alleged inclusion on the government's purported terrorist list is unconstitutional and an injunction barring the United St...

LLC SPC Stileks v. Republic of Moldova  
Date: January 15, 2021
Docket Number: 19-7106

Justia Opinion Summary: In this appeal arising from a long-running dispute between the Republic of Moldova and a Ukrainian energy provider called Energoalliance, a company called Stileks—which owns the right to Energoalliance's arbitration awar...

United States v. Jenkins  
Date: January 8, 2021
Docket Number: 19-3023

Justia Opinion Summary: Appellant was charged with two counts of possession of a firearm by a felon, 18 U.S.C. 922(g), and one count of simple possession of a controlled substance, 21 U.S.C. 844(a). Appellant conditionally pleaded guilty to the...

Cable News Network, Inc. v. FBI  
Date: January 8, 2021
Docket Number: 19-5278

Justia Opinion Summary: CNN filed suit against the FBI under the Freedom of Information Act (FOIA) for access to memos that former FBI Director James Comey wrote. The FBI filed a redacted declaration by Deputy Assistant Director David Archey ex...

United States v. Driscoll  
Date: January 5, 2021
Docket Number: 19-3074

Justia Opinion Summary: ESPN published an article about Driscoll, the former president of a nonprofit organization, indicating that a former employee planned to file an IRS whistleblower complaint that might lead to charges of embezzlement and...

Shawnee Tribe v. Mnuchin  
Date: January 5, 2021
Docket Number: 20-5286

Justia Opinion Summary: The Oklahoma Shawnee Tribe challenged the allocation of funds under the Coronavirus Aid, Relief, and Economic Security Act, 42 U.S.C. 801(a)(1). Of the $150 billion appropriated, the Act reserved $8 billion for “Tribal...