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

David O’Connell filed a class action lawsuit against the United States Conference of Catholic Bishops (USCCB) for fraudulent solicitation of donations. O’Connell alleged that USCCB misled donors about the use of funds collected through the Peter’s Pence Collection, which were purportedly for emergency assistance but were instead used for investments and other purposes. O’Connell claimed that if he had known the true use of the funds, he would not have donated.The United States District Court for the District of Columbia denied USCCB’s motion to dismiss the case, which was based on the church autonomy doctrine. The District Court found that O’Connell’s claims raised a secular dispute that could be resolved using neutral principles of law, without delving into religious doctrine. The court emphasized that it would not address purely religious questions if they arose during litigation.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court dismissed USCCB’s appeal for lack of jurisdiction, stating that the collateral order doctrine did not apply. The court held that the church autonomy defense could be adequately reviewed on appeal after a final judgment, and that the denial of the motion to dismiss was not conclusive or separate from the merits of the case. The court emphasized that the church autonomy doctrine does not provide immunity from suit but serves as a defense to liability. The appeal was dismissed, and the case was remanded to the District Court for further proceedings. View "O'Connell v. United States Conference of Catholic Bishops" on Justia Law

Advocacy Holdings, a company that helps clients influence public policy through its online platform OneClickPolitics, sued its former CEO, Chazz Clevinger, for breaching a noncompete agreement. Clevinger, who resigned in 2023, allegedly stole Advocacy’s customer list, started competing businesses, solicited Advocacy’s customers, and created a near duplicate of Advocacy’s platform. Advocacy sought a preliminary injunction to stop Clevinger’s actions, claiming irreparable harm.The United States District Court for the District of Columbia partially denied Advocacy’s motion for a preliminary injunction, ruling that Advocacy had not demonstrated a likelihood of irreparable harm. The court did, however, enjoin Clevinger from using Advocacy’s platform design and interface but allowed him to continue operating his competing businesses and soliciting Advocacy’s customers. Advocacy appealed the partial denial of the preliminary injunction.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court affirmed the district court’s decision, holding that Advocacy had not shown irreparable harm. The court noted that financial injuries, such as loss of customers, are typically remediable through monetary damages and do not constitute irreparable harm. Additionally, the court found that Advocacy’s claims of reputational harm were unsubstantiated and that the stipulation of irreparable harm in the noncompete agreement was forfeited because Advocacy did not raise it in its initial motion. The court also declined to consider Advocacy’s sliding-scale argument for evaluating preliminary injunction factors, as it was raised too late. The court concluded that without a showing of irreparable harm, a preliminary injunction was not warranted. View "Clevinger v. Advocacy Holdings, Inc." on Justia Law

Accuracy in Media (AIM) filed a Freedom of Information Act (FOIA) request with the Central Intelligence Agency (CIA) seeking records about American service members who were prisoners of war (POWs) or missing in action (MIA) from the Vietnam War and potentially still alive in Laos or Vietnam. The CIA conducted a search using specific terms but did not find any responsive records. AIM challenged the adequacy of the CIA's search, arguing that the search terms were insufficient.The United States District Court for the District of Columbia granted summary judgment in favor of the CIA, concluding that the search terms used by the CIA were reasonably likely to yield the requested records if they existed. The court also noted that the plaintiffs' evidence did not significantly suggest that the requested files were in the CIA's current operational files.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and found that the CIA's search terms were inadequate. The court noted that the search terms omitted key terms such as "Laos," "live sighting," "imagery," "reconnaissance," and "rescue," which were relevant to the FOIA request. The court also found that the CIA did not adequately explain why certain terms were used and others were omitted. The court held that the CIA failed to show beyond material doubt that its search was reasonably calculated to uncover all relevant documents.The Court of Appeals reversed the district court's grant of summary judgment to the CIA and remanded the case for further proceedings consistent with its opinion, requiring the CIA to either conduct a new search or provide a supplemental affidavit with adequate search terms and explanations. View "Hall v. CIA" on Justia Law

A dispute arose regarding the National Labor Relations Board’s (NLRB) rule on when one entity is considered a joint employer of another entity’s employees. The NLRB determined that Google was a joint employer of Cognizant employees working on Google’s YouTube Music platform and ordered both companies to bargain with the employees’ union, the Alphabet Workers Union-Communication Workers of America, Local 9009 (AWU). Google and Cognizant refused to bargain, leading the NLRB to conclude that this refusal violated the National Labor Relations Act (NLRA). The employers petitioned for review, arguing they were not joint employers, but the contract under which the employees provided services to Google expired, rendering the petitions and the Board’s cross-applications for enforcement moot. The Union also petitioned for review, contending that the NLRB’s remedies were insufficient.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the expiry of the Google-Cognizant contract meant there was no longer any relationship to support the joint-employer finding, making the case moot. The court dismissed Google’s and Cognizant’s petitions and the Board’s cross-applications as moot and vacated the order below. The court also dismissed as jurisdictionally barred the part of AWU’s petition seeking review of the NLRB’s decision to sever the issue of a make-whole remedy for employees and dismissed as moot those parts of AWU’s petition seeking prospective remedies.The court denied the remainder of AWU’s petition, concluding that the NLRB did not abuse its discretion by ordering only the customary remedies. The court emphasized that the Board’s choice of remedies is primarily within its province and subject to very limited judicial review. View "Alphabet Workers Union-Communication Workers v. NLRB" on Justia Law

Samuel Shanks and Taylor Lambert, former employees of the International Union of Bricklayers & Allied Craftworkers, filed pro se lawsuits against the Union alleging discrimination. Shanks, who worked in accounting for over twenty years, claimed discrimination based on disability, race, color, and sexual orientation, as well as a hostile work environment and retaliation. Lambert, his niece, alleged wrongful termination, retaliation, and discrimination based on race, religion, and gender. Both claimed violations of various civil rights laws, including the D.C. Human Rights Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964.The Union removed the cases to the United States District Court for the District of Columbia, which dismissed the complaints for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Shanks and Lambert appealed the dismissals. The United States Court of Appeals for the District of Columbia Circuit affirmed the dismissals in part but appointed amicus curiae to present arguments in favor of claims that were not suited for summary dismissal.The D.C. Circuit reviewed the district court’s dismissal de novo and concluded that the allegations of racial discrimination related to the Union’s COVID-19 vaccination policy were plausible. The court found that the Union’s two-stage roll-out of the policy disproportionately affected Black employees, who were given less time and fewer resources to comply with the vaccination mandate. The court held that the disparate impact and discriminatory treatment claims based on race were sufficiently pled to survive a motion to dismiss. The court affirmed the dismissal of other claims, including those based on sexual orientation, gender, and religion, as well as Shanks’ hostile work environment claim. The case was remanded to the district court for further proceedings on the racial discrimination claims. View "Shanks v. International Union of Bricklayers and Allied Craftworkers" on Justia Law

Fahmi Ahmed Moharam, a dual United States-Yemeni citizen, frequently travels between the two countries. In 2017, he was denied boarding a flight from Saudi Arabia to the U.S. and learned through the Transportation Security Administration (TSA) redress process that he was on the No Fly List. The government provided minimal information, citing national security concerns, and stated that his designation was based on his activities in Yemen from 2011 to 2017. After petitioning for review, the government informed him that he was no longer on the No Fly List and would not be relisted based on the currently available information.The TSA is mandated by statute to identify individuals who may pose a threat to civil aviation or national security and prevent them from boarding aircraft. The TSA also manages the Department of Homeland Security (DHS) Traveler Redress Inquiry Program (TRIP), which allows individuals to appeal their inclusion on the No Fly List. Moharam appealed through TRIP and was initially informed that he was on the list due to concerns about his activities in Yemen. Despite his requests for more information and administrative review, the TSA maintained his status on the list until the government later removed him.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that Moharam's removal from the No Fly List rendered his petitions for review moot, as the court could no longer provide effective relief. The court noted that the government’s assurance that Moharam would not be relisted based on the same information addressed the issue of potential recurrence. Consequently, the court dismissed the petitions for lack of jurisdiction, as the relief sought was no longer redressable. View "Moharam v. TSA" on Justia Law

Entergy companies petitioned for review of three orders by the Federal Energy Regulatory Commission (FERC). FERC had rejected tariff changes proposed by Midcontinent Independent System Operator (MISO), arguing that the new tariff would grant Entergy excessive market power. Entergy contended that FERC’s decisions were arbitrary and capricious.The case was reviewed by the United States Court of Appeals for the District of Columbia Circuit. Entergy’s opening brief did not address the issue of standing, which is a jurisdictional prerequisite. This omission violated Circuit Rule 28(a)(7), which requires petitioners to set forth the basis for their claim of standing in their opening brief. As a result, Entergy forfeited any arguments in support of standing.The D.C. Circuit Court dismissed the petitions for review, stating that Entergy lacked standing. The court emphasized that Entergy’s failure to discuss standing in its opening brief constituted a forfeiture of the argument. Even if the court were to consider the standing arguments Entergy later advanced, the company did not demonstrate the necessary concrete, imminent, and redressable injury. The court concluded that dismissal was the appropriate consequence for Entergy’s failure to establish standing. View "Entergy Arkansas, LLC v. FERC" on Justia Law

The Alaska LNG Project sought authorization from the Department of Energy to export up to twenty million metric tons of liquefied natural gas (LNG) per year for thirty years. The Department initially authorized the Project to export LNG to free-trade countries in 2014 and later to non-free trade countries in 2015, subject to environmental review. In 2023, the Department issued a final order approving the Project’s export application, concluding that the approval was consistent with the public interest despite uncertainties regarding environmental impacts.The Federal Energy Regulatory Commission (FERC) had previously authorized the construction and operation of the Project’s facilities, including an 800-mile pipeline and associated infrastructure, after preparing an extensive environmental impact statement. The U.S. Court of Appeals for the District of Columbia Circuit upheld FERC’s compliance with the National Environmental Policy Act (NEPA) in Center for Biological Diversity v. FERC. The Department of Energy adopted FERC’s impact statement and issued its own supplemental environmental impact statement in response to Executive Order 13990.The United States Court of Appeals for the District of Columbia Circuit reviewed the Department of Energy’s final order. The court found that the Department had properly adopted FERC’s environmental impact statement and complied with NEPA. The court also upheld the Department’s finding of substantial uncertainty regarding the magnitude of environmental impacts, particularly greenhouse gas emissions and climate impacts, associated with the Project’s exports. The court concluded that the impacts of downstream emissions in foreign countries were not reasonably foreseeable and that the Department’s analysis was supported by substantial evidence.The court denied the petitions for review, affirming the Department of Energy’s authorization for the Alaska LNG Project to export LNG. View "Sierra Club v. DOE" on Justia Law

Gerardo Gonzalez-Valencia, a leader of the Mexican drug-trafficking organization Los Cuinis, coordinated shipments of tens of thousands of kilograms of cocaine into the United States over a decade. He used various methods to conceal the drugs and employed violence and threats of violence in his operations. In 2016, a grand jury in the District of Columbia indicted him for conspiracy to distribute more than five kilograms of cocaine. He was arrested in Uruguay, where he fought extradition for four years. Despite his arguments against extradition based on the potential for a life sentence in the U.S., he was eventually extradited without any assurances from the U.S. regarding his sentence.The United States District Court for the District of Columbia sentenced Gonzalez-Valencia to life imprisonment after he pleaded guilty to the conspiracy charge without a plea agreement. The court calculated his base offense level and applied several enhancements, resulting in a recommendation of life imprisonment under the Sentencing Guidelines. Gonzalez-Valencia appealed his sentence, raising procedural and substantive claims, including objections to his criminal history category and the application of sentencing enhancements.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that Gonzalez-Valencia's objections to the sentencing enhancements did not constitute plain error and that his argument regarding the Ex Post Facto Clause was not supported by clear legal precedent. The court also rejected his claim that the district court was required to comply with Uruguay's condition against a life sentence, noting that the U.S. made no such assurances. The court affirmed the district court's sentence, concluding that there was no reversible error or grounds for remand under 28 U.S.C. § 2106. View "United States v. Gonzalez-Valencia" on Justia Law

A journalist, Simon Ateba, sought preferred access to the White House Press Area through a special press credential known as a "hard pass." The White House issues hard passes only to reporters accredited by either the Supreme Court Press Gallery or a congressional press gallery. Ateba applied for membership in the Senate Daily Press Gallery as a prerequisite to securing a hard pass, but his application was still under consideration. In the meantime, he accessed the Press Area with a daily pass, which required him to wait for an escort. Ateba argued that the White House Hard Pass Policy violated the First Amendment because it burdened his access and conditioned fuller access on accreditation by the Senate Daily Press Gallery, which he claimed exercised unbridled discretion.The United States District Court for the District of Columbia granted summary judgment in favor of the White House. The court concluded that while Ateba had suffered a cognizable First Amendment injury, the White House acted reasonably under the First Amendment by outsourcing part of its press-credentialing process. The district court also ruled that the Senate Daily Press Gallery did not impermissibly exercise discretion in deciding who could become a member and that extraordinary procedural protections were not constitutionally required.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court's judgment. The court held that the White House Hard Pass Policy was both reasonable and viewpoint neutral. It found that the policy's reliance on external credentialing bodies was reasonable given the White House's lack of its own vetting system. The court also determined that the Senate Daily Press Gallery's membership criteria, including the "of repute" standard, did not confer unbridled discretion because it was guided by concrete rules. Additionally, the court held that the First Amendment did not require the gallery to set a deadline for processing membership applications. View "Ateba v. Leavitt" on Justia Law