Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

In 2013, the Metropolitan Municipality of Lima (Lima) and Rutas de Lima S.A.C. (Rutas) entered into a Concession Contract for the construction and operation of urban roads in Lima, Peru. Rutas agreed to finance and manage the project in exchange for toll revenue, while Lima was responsible for preliminary infrastructure activities. Subsequent agreements transferred these preliminary responsibilities to Rutas in exchange for toll rate increases. Social protests erupted in response to these increases, leading Lima to close a toll unit and refuse further rate hikes. Rutas initiated two international arbitrations, claiming Lima breached the contract. Lima argued the contract was void due to bribery by Rutas’s parent company, Odebrecht S.A.The District Court for the District of Columbia reviewed the case after two arbitration tribunals ruled in favor of Rutas, finding insufficient evidence of corruption linked to the Concession Contract. Lima sought to vacate the arbitration awards, citing violations of U.S. public policy against corruption, fraud by Rutas in discovery, and misconduct by the second tribunal in excluding evidence. The District Court denied Lima’s petitions and confirmed the awards, concluding that Lima failed to prove the contract was obtained through bribery and that any alleged discovery misconduct did not prejudice Lima’s case.The United States Court of Appeals for the District of Columbia Circuit affirmed the District Court’s judgment. The court held that the arbitration tribunals’ findings were supported by the record and that there was no sufficient evidence linking Odebrecht’s bribes to the Concession Contract. The court also found no merit in Lima’s claims of discovery fraud and tribunal misconduct, noting that Lima suffered no prejudice from the exclusion of evidence. The court concluded that enforcing the arbitration awards did not violate U.S. public policy. View "Metropolitan Municipality of Lima v. Rutas De Lima S.A.C." on Justia Law

MCS Industries, Inc. (MCS), a shipper, filed a complaint with the Federal Maritime Commission (FMC) against MSC Mediterranean Shipping Company S.A. (Mediterranean), alleging violations of the Shipping Act of 1984. MCS claimed that Mediterranean failed to provide agreed cargo space, forced MCS to pay higher rates on the spot market during the Covid-19 pandemic, refused to deal with MCS, discriminated against shippers at certain ports, and engaged in unreasonable business practices. Mediterranean initially provided some discovery material but later refused further requests, citing jurisdictional issues and Swiss law restrictions on document production.The Administrative Law Judge (ALJ) ordered Mediterranean to comply with discovery requests, but Mediterranean continued to resist, arguing that the FMC lacked jurisdiction and that Swiss law precluded compliance. After multiple warnings and attempts to resolve the discovery issue, including a failed Hague Convention request, the ALJ issued a default judgment against Mediterranean, ordering it to pay reparations to MCS. The FMC affirmed the default judgment, remanding only to recalculate reparations and consider sanctions for delay.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the FMC had jurisdiction over the complaint, as the allegations involved violations of the Shipping Act, not merely breach of contract claims. The court also found that the FMC did not abuse its discretion in issuing a default judgment. The court noted that Mediterranean's refusal to comply with discovery orders prejudiced MCS, burdened the FMC, and undermined the authority of the Commission. The court denied Mediterranean's petitions for review, affirming the FMC's decision. View "MSC Mediterranean Shipping Company S.A. v. Federal Maritime Commission" on Justia Law

Junius Joyner, III, an African-American male, was hired by a legal staffing agency, Mestel & Company (Hire Counsel), and assigned to work at Morrison & Foerster LLP in Washington, D.C. He worked on the merger of Sprint Corporation with T-Mobile U.S., Inc. from July to December 2019. Joyner alleged several incidents of racial discrimination and a hostile work environment, including delayed work assignments, derogatory comments, and harassment by coworkers. He also claimed wrongful discharge under D.C. law, asserting he was terminated after reporting potential antitrust violations.The United States District Court for the District of Columbia dismissed Joyner’s complaint for failure to state a claim. The court found that Joyner did not provide sufficient facts to support his claims of racial discrimination and a hostile work environment under 42 U.S.C. § 1981 and Title VII. The court also dismissed his wrongful discharge claim under D.C. law, concluding that it lacked supplemental jurisdiction over this state law claim.The United States Court of Appeals for the District of Columbia Circuit reviewed the case de novo. The court affirmed the district court’s dismissal of Joyner’s federal claims, agreeing that Joyner failed to plausibly allege that his treatment was racially motivated or that the work environment was sufficiently hostile. The court found that Joyner’s allegations did not meet the necessary standard to infer racial discrimination or a hostile work environment. However, the appellate court vacated the district court’s judgment on the wrongful discharge claim, holding that the district court lacked jurisdiction over this claim and remanded it with instructions to dismiss for lack of jurisdiction. View "Joyner v. Morrison and Foerster LLP" on Justia Law

Seven District of Columbia citizen-voters filed a complaint challenging the constitutionality of the Local Resident Voting Rights Amendment Act of 2022, which allows noncitizens to vote in municipal elections. The plaintiffs argued that this law dilutes their votes, discriminates against U.S. citizens, and violates the constitutional right to citizen self-government. The District of Columbia Board of Elections, responsible for implementing the law, was named as the defendant.The case was initially brought in D.C. Superior Court, but the Board removed it to the United States District Court for the District of Columbia. The Board then moved to dismiss the case, arguing that the plaintiffs lacked standing and failed to state a claim. The district court agreed with the Board, holding that the plaintiffs did not demonstrate any individual disadvantage and thus lacked standing. The court dismissed the complaint, characterizing the plaintiffs' grievances as generalized and insufficient to confer standing.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the plaintiffs had standing to sue because they alleged a concrete and particularized injury: the dilution of their votes due to the expansion of the electorate to include noncitizens. The court distinguished this case from others where plaintiffs failed to show individualized harm. The court found that the plaintiffs' claims were specific to their voting power in D.C. local elections and not merely a generalized grievance. Consequently, the court reversed the district court's dismissal and remanded the case for further proceedings. The Board's cross-appeal was dismissed as moot. View "Hall v. District of Columbia Board of Elections" on Justia Law

The case involves the Center for Biological Diversity and other petitioners challenging the Environmental Protection Agency's (EPA) Renewable Fuel Standards (RFS) Program for the years 2023, 2024, and 2025. The petitioners include environmental organizations, refiners, a renewable fuel producer, and a biofuel trade association. They argue that the EPA's rule, known as the Set Rule, fails to adequately address the environmental impacts, particularly greenhouse gas emissions and effects on endangered species.The lower court, the United States Court of Appeals for the District of Columbia Circuit, reviewed the EPA's RFS Program standards for 2020-2022 in a previous case, Sinclair Wyo. Refin. Co. LLC v. EPA. In that case, the court upheld the EPA's standards. In the current case, the petitioners argue that the EPA did not adequately explain its reliance on outdated data for greenhouse gas emissions and failed to properly consult with the Fish and Wildlife Service (FWS) regarding the impact on endangered species.The United States Court of Appeals for the District of Columbia Circuit found that the EPA's use of outdated data for greenhouse gas emissions was arbitrary and capricious. The court also found that the FWS's concurrence with the EPA's determination that the Set Rule would have "no effect" on endangered species was not adequately explained. The court remanded the Set Rule to the EPA and FWS for further consideration and explanation without vacating the rule. The court denied the petitions of Neste and the Refiner Petitioners and dismissed SABR's petition for untimeliness and lack of standing. View "Center for Biological Diversity v. Environmental Protection Agency" on Justia Law

Ammar al-Baluchi, a Pakistani national, has been detained at the U.S. naval base in Guantánamo Bay since 2006. He is accused of supporting the September 11, 2001, attacks as a senior member of al-Qaeda. In 2008, al-Baluchi filed a habeas corpus petition in federal district court. In 2022, he moved to compel the government to convene a Mixed Medical Commission to assess his eligibility for repatriation due to alleged torture and resulting serious health issues. The district court denied his request, ruling that detainees captured during non-international armed conflicts are not entitled to such examinations under the Third Geneva Convention or Army Regulation 190-8.The United States District Court for the District of Columbia initially stayed al-Baluchi’s habeas case pending the outcome of his military commission trial. After temporarily lifting the stay to consider his motion for a Mixed Medical Commission, the court denied the motion, leading al-Baluchi to appeal the decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court determined that it lacked jurisdiction to review the district court’s nonfinal order. The court found that al-Baluchi did not demonstrate that the denial of his motion had the practical effect of denying injunctive relief or that it caused serious or irreparable harm requiring immediate review. The court noted that even if a Mixed Medical Commission found al-Baluchi eligible for repatriation, the government retained discretion to delay repatriation until the completion of his military commission proceedings. Consequently, the appeal was dismissed for lack of jurisdiction. View "Al-Baluchi v. Hegseth" on Justia Law

Troy Grove and Vermilion Quarry, divisions of RiverStone Group, Inc., were found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act (NLRA). The case involved seven employees at the two quarries, represented by the International Union of Operating Engineers, Local 150, AFL-CIO. The company was accused of unfair labor practices in bargaining over a pension fund and in its treatment of two employees.The NLRB ruled that the company had not bargained in good faith, declaring that the parties were not at an impasse and that the company had threatened to cease contributions to the pension fund. The company and the union both petitioned for judicial review, and the NLRB sought enforcement of its order. The company argued that the parties were indeed at an impasse after five years of negotiations and a three-year strike, and that the union's last-minute information request did not change this.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the NLRB's decision was not supported by substantial evidence and that the parties were at an impasse. The court noted that the union's denial of an impasse and its information request were insufficient to rebut the clear evidence of a deadlock. Consequently, the court vacated the NLRB's order regarding the pension fund issue.Regarding the treatment of the two employees, the NLRB had found that the company violated Section 8(a)(1) of the NLRA by issuing layoff notices shortly after the employees participated in union activities. The court upheld this part of the NLRB's decision, finding that the timing and circumstances of the layoff notices could reasonably be seen as coercive.The court granted the company's petition for review on the pension fund issue, vacated the relevant parts of the NLRB's order, denied the union's petition for review, and granted the NLRB's cross-application for enforcement in all other respects. View "Troy Grove v. NLRB" on Justia Law

Mady Marieluise Schubarth pursued compensation for land allegedly seized from her family in Soviet-occupied Germany after World War II. She sued BVVG Bodenverwertungs-und-Verwaltungs GmbH (BVVG), an agent of Germany, under the expropriation exception to the Foreign Sovereign Immunities Act (FSIA). BVVG argued that U.S. courts lacked subject matter jurisdiction because the taking was a domestic matter, not subject to the expropriation exception. The district court disagreed and denied BVVG’s motion to dismiss.The United States District Court for the District of Columbia initially dismissed Schubarth’s action for lack of subject matter jurisdiction under the FSIA. On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed the dismissal of Germany but reversed and remanded as to BVVG, allowing the case to proceed. On remand, the district court directed jurisdictional discovery, and BVVG again moved to dismiss, claiming the expropriation was a domestic taking. The district court denied this motion, leading to the current appeal.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court’s denial of BVVG’s motion to dismiss. The court held that the 1945 expropriation of the Estate was not a domestic taking because it implicated both Germany and the Soviet Union, thus interfering with relations among states. The court concluded that the expropriation could not be considered a domestic taking and remanded the case for further proceedings to determine whether the expropriation constituted a taking in violation of international law. View "Schubarth v. BVVG Bodenverwertungs- Und -Verwaltungs GMBH" on Justia Law

Roberto Adams, a police officer, was convicted of wire fraud and money laundering related to the misuse of a small-business loan he received under the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and Economic Security Act. Adams did not testify at his trial, and his counsel requested a jury instruction to not draw any adverse inference from this decision. The district court agreed but inadvertently omitted the instruction. Adams' counsel failed to object until after the jury's verdict, which led to a motion for a new trial.The United States District Court for the District of Columbia granted Adams' motion for a new trial, finding that the omission of the no-adverse-inference instruction was plain error and prejudicial. The court noted that the government's case relied heavily on circumstantial evidence to prove Adams' knowledge and intent, and the jury's split verdict indicated that the case was close. The court concluded that the error likely affected the outcome of the trial.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court's decision. The appellate court agreed that the omission of the instruction was plain error and that it affected Adams' substantial rights. The court emphasized that the government's case was not overwhelming and relied on inferences from circumstantial evidence. The appellate court also found that the error seriously affected the fairness, integrity, and public reputation of the judicial proceedings, warranting a new trial. View "USA v. Adams" on Justia Law

Kimball Wind, LLC operates a wind facility in Nebraska, generating electricity transmitted on a network owned by the Western Area Power Administration (WAPA). Before operations began, WAPA determined that a substation expansion was necessary to safely transmit the facility's electricity. WAPA offered to cover part of the expansion costs, requiring Kimball Wind to pay the rest. Kimball Wind agreed under protest, believing WAPA wrongfully made it responsible for most of the costs. Kimball Wind petitioned the Federal Energy Regulatory Commission (FERC) for an order directing WAPA to reimburse its contribution to the substation expansion.The Federal Energy Regulatory Commission determined that section 211A of the Federal Power Act does not provide for the relief sought by Kimball Wind. The Commission found that Kimball Wind did not seek an order for transmission services, which is the sole form of relief provided by section 211A. Kimball Wind then filed a request for rehearing, arguing that the order was internally inconsistent and unsupported by substantial evidence. The Commission denied the request for rehearing.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court agreed with the Commission that section 211A does not authorize the Commission to issue an order directing WAPA to reimburse Kimball Wind for its contribution to the substation expansion. The court found that Kimball Wind did not seek an order for transmission services, the only type of order the Commission may issue under section 211A. Consequently, the court denied the petition for review. View "Kimball Wind, LLC v. FERC" on Justia Law