Posts filtered by tags: D.C. Circuit[x]


Cockfighting in Puerto Rico and trade-dress protections for snack foods

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the power of Congress to criminalize cockfighting under the commerce clause and the proper definition of “functionality” as applied to trade dress. Puerto Rico is a United States territory, with its own constitution. And like a state, it is an autonomous political entity sovereign over matters not covered by the United States Constitution. For the past 400 years, cockfighting has been practiced ...
Tags: Featured, Supreme Court, Law, Congress, United States, Chevron, Puerto Rico, Lewis, D C Circuit, Lotte, U S Court of Appeals, 5th Circuit, 3rd Circuit, Pension Benefit Guarantee Corporation, Pension Benefit Guaranty Corporation, Cases in the Pipeline

United States: D.C. Circuit Vacates FERC's Spire STL Pipeline Certificate Order - Covington & Burling

On June 22, the U.S. Court of Appeals for the D.C. Circuit issued a decision in Environmental Defense Fund v. FERC vacating and remanding FERC's order issuing a certificate of public convenience...
Tags: News, United States, Environmental Defense Fund, D C Circuit, FERC, U S Court of Appeals, D C Circuit Vacates FERC

Jackson Confirmed To Garland’s Old Seat In Step Towards Potential Future SCOTUS Nomination

Ketanji Brown Jackson was confirmed to the U.S. Court of Appeals for the D.C. Circuit Monday evening, replacing now-Attorney General Merrick Garland and positioning her well for a potential future Supreme Court nomination. [Author: Kate Riga]
Tags: News, Supreme Court, Senate, Jackson, D C Circuit, U S Court of Appeals, Garland, Merrick Garland, Ketanji Brown Jackson, Kate Riga

Paltry GOP Support For Jackson Previews Party’s Refusal To Support Biden SCOTUS Noms

Only three Republican senators voted to invoke cloture on the nomination of Judge Ketanji Brown Jackson to fill Attorney General Merrick Garland’s seat on the U.S. Court of Appeals for the D.C. Circuit, a procedural step that puts her on the road to a likely confirmation.  [Author: Kate Riga]
Tags: News, Supreme Court, Biden, D C Circuit, U S Court of Appeals, Merrick Garland, Ketanji Brown Jackson, Senate confirmation, Kate Riga, Jackson Previews Party

United States: D.C. Circuit Affirms Dismissal Of Activist Group's Case Against Fish & Wildlife Service - Duane Morris LLP

Affirming a district court decision that we reported on last year, the U.S. Court of Appeals for the District of Columbia Circuit recently found that the Center for Biological Diversity (CBD)...
Tags: News, United States, D C Circuit, Wildlife Service Duane Morris LLP

Refreshing unanimity in court’s interpretation of Superfund law

Just four weeks after hearing oral argument, the Supreme Court on Monday issued a refreshingly clear, unanimous decision in Guam v. United States. In an opinion by Justice Clarence Thomas, the court held that Guam could seek contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump, a site on the island that the Navy created and used for decades. The case involved interpretation of the federal Superfund law, the Comprehensive Environmental Response, Compensation and Liability...
Tags: Featured, Supreme Court, Law, Congress, Navy, United States, Epa, District Of Columbia, Environmental Protection Agency, Thomas, John Roberts, U S Navy, D C Circuit, Clarence Thomas, Guam, Samuel Alito

Eminent domain, sovereign immunity and a controversial pipeline through New Jersey

On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment. This clash between the NGA and the Constitution arose because, under the NGA, companies with permits to build new pipelines can use the power of eminent domain to seize property along the pipeline route. The case has broad ramifications for the indust...
Tags: Texas, Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, State, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, NGA, PennEast, 3rd Circuit

Is it too late for Guam to sue the Navy to pay for the cleanup of its dumpsite?

On Monday the Supreme Court will hear a dispute between the U.S. Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. Its 170,000 residents are citizens of the United States. Because Guam lies west of the International Date Line, the island’s airport welcomes visitors with a sign ...
Tags: Featured, Supreme Court, Law, Congress, Navy, Spain, United States, Hawaii, Paris, Epa, Christian, Vietnam, District Of Columbia, Environmental Protection Agency, Pacific Ocean, Pearl Harbor

Are Alaska Native corporations Indian tribes? A multimillion-dollar question

Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims in Alaska — “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act? On Monday, the Supreme Court will hear argument on that question in Yellen v. Confederated Tribes of the Chehalis Reservation. Immediately at stake in the answer is billions of dollars in federal CARES Act funding. But the outcome could also have longer-term consequences for how, and fro...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Treasury, Oklahoma, Yellen, Anchorage, Treasury Department, D C Circuit, Uintah, Bureau of Indian Affairs, Alaska Native, Prudhoe Bay

United States: D.C. Circuit Puts Longstanding Defense To Employment Discrimination Claims In Doubt - Jones Day

On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that govern employment discrimination claims in a manner that may broaden liability for employers.
Tags: News, United States, D C Circuit, U S Court of Appeals

D.C. Circuit Takes Bold Stance… Against A Font

Hmmm, who could the D.C. Circuit be throwing shade at?
Tags: Law, Courts, D.C. Circuit, John Elwood, Garamond, Sean Marotta

United States: D.C. Circuit Forfeiture Holding Highlights Importance Of Involving Litigation Counsel In The Early Stages Of Administrative Agency Proceedings - WilmerHale

On February 26, 2021, in Springsteen-Abbott v. Securities and Exchange Commission, a panel of the U.S. Court of Appeals for the D.C. Circuit held that a petitioner challenging sanctions imposed...
Tags: News, United States, Securities And Exchange Commission, D C Circuit, U S Court of Appeals, Administrative Agency Proceedings WilmerHale, Springsteen Abbott

2A Skeptic Garland Moves Closer to Confirmation as US Attorney General

Anti-gun Attorney General hopeful Merrick Garland, flanked by Joe Biden. IMG NRA-ILA U.S.A. -( This week, hearings were held on the nomination of Merrick Garland for U.S. attorney general, with a final vote on confirmation expected to come next week. The prospect for gun owners is that the nation’s highest law enforcement office may soon be occupied by a man who in the past has shown doubts about whether the Second Amendment continues to have any relevance in the modern era. Garl...
Tags: Guns, Supreme Court, Congress, US, America, Barack Obama, Joe Biden, Biden, District Of Columbia, Justice Department, Nra, Antonin Scalia, Parker, U S Supreme Court, U S Senate, Scalia

United States: D.C. Circuit Unanimously Vacates And Remands Trump Administration's ACE Greenhouse Gas Emissions Rule - Winston & Strawn LLP

On January 19, 2021, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in a per curiam opinion vacated the Trump Administration's Affordable Clean Energy Rule (ACE Rule).
Tags: News, United States, D C Circuit, U S Court of Appeals, Trump Administration, Strawn LLP

Law School Canons: X Marks the Spot (X = Summary Judgment)

Editor’s Note: Avery Welker is a 1L at Mizzou and likely a future patent attorney. He is starting a new series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to [email protected] – Dennis Crouch By Avery Welker “That doesn’t look too bad,” I thought to myself while scanning through my Civil Procedure reading assignment over Rule 56, Summary Judgment. Fed R. Civ. P. 56 (2020). Then I had the pleasure of reading Celotex Corp. v. ...
Tags: Supreme Court, Law, Court, Patent, Fed, D C Circuit, Mizzou, Federal Circuit, Dennis Crouch, Fed Cir, Celotex, CELOTEX CORP, Atrana, Avery Welker, Rule 56 Summary Judgment Fed, Catrett

United States: D.C. Circuit Issues Rare Opinion Clarifying Right Of Public Access To National Security Information In Judicial Documents - Gibson, Dunn & Crutcher

On January 8, 2021, the United States Court of Appeals for the D.C. Circuit in CNN v. FBI, — F.3d –, 2021 WL 68307 (D.C. Cir. Jan. 8, 2021), issued a rare precedential opinion clarifying...
Tags: News, Cnn, Fbi, United States, D C Circuit, United States Court of Appeals

Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis

The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law. In rejecting his appeals, the court cleared the final obstacle...
Tags: Featured, Maryland, Supreme Court, Law, Virginia, Indiana, Department Of Justice, Johnson, Donald Trump, Richmond, Trump, Higgs, D C Circuit, Sotomayor, Breyer, Elena Kagan

United States: D.C. Circuit Upholds Hospital Price Transparency: Regulations Paving Way For January 1, 2021 Effectiveness - Foley & Lardner

On December 29, 2020, the United States Court of Appeals for the District of Columbia issued its opinion in American Hospital Association v. Azar (the Opinion)...
Tags: News, United States, Foley, D C Circuit, Lardner, American Hospital Association

Reversing several lower courts, justices allow execution of Lisa Montgomery

The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years. Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child. In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and i...
Tags: Featured, Supreme Court, Law, Joe Biden, Indiana, Missouri, Department Of Justice, Justice Department, Montgomery, Trump, Federal Bureau of Prisons, D C Circuit, U S Court of Appeals, Elena Kagan, Kagan, 7th Circuit

House Minorities Hold Oversight Powers, D.C. Circuit Says

Lawmakers in House minorities can issue demands for records from the executive branch, a federal appeals panel held Tuesday. In an 2-1 ruling first noticed by Politico, the D.C. circuit upheld a demand issued by  Democrats on the House Oversight Committee in 2017 for documents relating to President Trump’s downtown D.C. hotel. The decision — issued by Judge Patricia Millett — goes to an arcane 1920s law which created the seven-member rule. That statute authorizes any seven members of the Hous...
Tags: News, Obama, Congress, Joe Biden, Gop, House, General Services Administration, Trump, GSA, House Oversight Committee, Patricia Millett, Millett, D.C. Circuit, Muckraker, Josh Kovensky

Case preview: Foreign sovereign immunity, comity and the Holocaust

The Holocaust (in Hebrew Shoah, or “destruction”) comes to the Supreme Court on Monday. Republic of Hungary v. Simon and Federal Republic of Germany v. Philipp require the justices to decide whether classes of survivors can pursue claims in federal court seeking compensation from the European countries and related entities that took property from their Jewish citizens in the course of the genocide of six million Jews. Both cases ask whether federal courts can abstain from resolving such claims o...
Tags: Europe, Featured, Supreme Court, Law, Congress, Australia, Germany, Nazis, Frankfurt, Hungary, United States, Nazi, Hitler, Adolf Hitler, Simon, D C Circuit

Case preview: Justices to consider immunity for Germany in claims arising from Nazi-era art sale

It has been nearly 90 years since Adolf Hitler came to power in Germany, and 75 years since the end of World War II. Despite the passage of time, efforts to recover valuable works of art that were seized by the Nazis, or sold to them under duress, are still ongoing. On Monday, the Supreme Court will hear oral argument in one such dispute, Federal Republic of Germany v. Philipp, involving a collection of medieval relics now on display at a Berlin museum. Although the legal questions before the co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Germany, Nazis, Berlin, Africa, Turkey, Frankfurt, United States, United Kingdom, The New York Times, Nazi, Hitler

Justices agree to review legality of Medicaid work requirements

The Supreme Court announced on Friday afternoon that it would weigh in on the legality of the Trump administration’s approval of Medicaid work requirements in Arkansas and New Hampshire. In a brief order, the justices granted review in Azar v. Gresham and Arkansas v. Gresham and consolidated the cases for one hour of oral argument. The U.S. Court of Appeals for the District of Columbia Circuit ruled in February that the approval should be thrown out. The court ruled that, in green-lighting the w...
Tags: Featured, Supreme Court, Law, Joe Biden, New Hampshire, Arkansas, Medicaid, Trump, Gresham, D C Circuit, Howe, Stephen Vladeck, Cases in the Pipeline, Azar, Health and Human Services Alex Azar

Case preview: Dueling statutes, pre-enforcement review and the fight over tax shelters

CIC Services v. Internal Revenue Service is one of the rare tax cases to come before the Supreme Court. While apparently technical, the case has great implications for jurisdiction, administrative law and the tax system overall. The stakes in the case, which will be argued on Tuesday, are about how the government implements a tax code that affects numerous policy spheres outside of mere revenue-raising and how it can fight tax shelters. At the heart of the case are two competing laws. First is t...
Tags: Florida, Featured, Supreme Court, Law, Congress, Colorado, United States, Tennessee, Treasury, Ruth Bader Ginsburg, AIA, Irs, Cic, APA, Mayo, Internal Revenue Service

Trump Announces Pardon For Mike Flynn

President Donald Trump on Wednesday announced his pardon of his former National Security advisor Michael Flynn, who pleaded guilty in 2017 to lying to the FBI about his Russian contacts. Trump himself had fired Flynn from the White House, ostensibly for misleading administration officials about the communications as well. It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have ...
Tags: News, Obama, Congress, White House, Russia, Fbi, National Security, Donald Trump, Doj, Justice Department, Trump, Tierney Sneed, Sidney Powell, Flynn, Roger Stone, Powell

Petitions of the week: CARES Act payments for Alaska Natives, courts in church-property disputes, Miranda warnings and more

This week we highlight cert petitions that ask the Supreme Court to review, among other things, whether Alaska Native corporations are “Indian tribes” who can receive CARES Act payments, whether courts should defer or decide disputes over church property, and how explicit police officers must be in explaining to a suspect her right to a lawyer before and during interrogations under Miranda v. Arizona. In the 1971 Alaska Native Claims Settlement Act, Congress established a different relationship ...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Arizona, Watson, Michigan, Seattle, Miranda, Fort Worth, Jones, Wolf, Episcopal Church, D C Circuit

Report: Biden Is Considering Merrick Garland For Attorney General

Former Obama Supreme Court nominee Merrick Garland, whom Republicans brazenly blocked at every turn, is being considered for attorney general in the incoming Biden administration, NPR reported on Friday.  If selected, Garland would be saddled with restoring confidence in a Justice Department that, amid the Trump presidency, has drifted far afield from its original nonpartisan mission — routinely playing politics to do Trump’s bidding. President Trump has whittled the Justice Department into...
Tags: News, Supreme Court, Obama, Attorney General, Senate, Massachusetts, Joe Biden, Npr, Department Of Justice, Biden, Ruth Bader Ginsburg, Doj, Justice Department, Sally Yates, Trump, Oklahoma City

Pyrrhic victory for federal death row inmates in DC Circuit lethal injection litigation

As reported in this Courthouse Legal News piece, headlined "Federal Executions on Track but DC Circuit Flags Legal Errors," two federal defendants scheduled to be executed in coming days and weeks got some cold comfort from the DC Circuit today: Though it declined to block two federal executions, the first just over 24 hours away, the D.C. Circuit was critical Wednesday that seven lethal injections have been carried out in the last few months without medical prescriptions. This year alone, Pres...
Tags: Supreme Court, Law, Aclu, Donald Trump, Justice Department, Hall, Trump, Fdca, Bernard, D C Circuit, Lisa Montgomery, DC Circuit, Chutkan, Douglas A Berman, William Barr, Christopher Vialva

This Week in Apps: Conservative apps surge, Instagram redesigned, TikTok gets ghosted

Welcome back to This Week in Apps, the TechCrunch series that recaps the latest OS news, the applications they support and the money that flows through it all. The app industry is as hot as ever, with   204 billion downloads and $120 billion in consumer spending in 2019. People are now spending three hours and 40 minutes per day using apps, rivaling TV. Apps aren’t just a way to pass idle hours — they’re a big business. In 2019, mobile-first companies had a   $544 billion valuation, 6.5x higher ...
Tags: Apple, Ios, Google, Android, Mobile, Facebook, Apps, Hbo, Instagram, China, Nigeria, Time, Disney, US, Samsung, Tech