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

Defendant was convicted of illegally possessing a firearm as a convicted felon. Defendant subsequently appealed the district court's dismissal of his habeas petition seeking relief for ineffective assistance of counsel. The court concluded that the district court did not err in finding that counsel told defendant of the plea offer and therefore that counsel made no error on which to base a Strickland claim. View "United States v. Lathern" on Justia Law

This case involved a petition to confirm and enforce a foreign arbitration award against the Government of Belize pursuant to section 207 of the Federal Arbitration Act, 9 U.S.C. 207. The facts underlying the issuance of the challenged stay order involved a telecommunication agreement with the government of Belize. Plaintiff appealed an order staying the proceeding pending the outcome of related litigation in Belize. The court concluded that the stay order as issued exceeded the proper exercise of authority of the district court and remanded the case for further proceedings. View "Belize Social Dev. Ltd. v. Government of Belize" on Justia Law

In the mid-1990's, the Navy began providing employees with bottled water after an EPA report indicated that water fountains in some Navy buildings in Newport contained components manufactured with lead. Beginning in 2005, the Navy replaced the problematic water fountains, tested the tap water, and determined it safe to drink. The Navy then stopped providing bottled water; it did not negotiate with employee unions before removing the bottled water. The unions objected to the removal of the bottled water. Funds appropriated for agency operations could be used for "necessary expenses" but not for employees' "personal expenses." As the Comptroller General has long determined, when safe and drinkable tap water was available in the workplace, bottled water constituted a personal expense for which appropriated funds could not be expended. Under federal collective bargaining law, moreover, an agency had not duty or authority to bargain over or grant benefits that were "inconsistent with any Federal law." Therefore, if safe and drinkable tap water was available at the Newport facilities, the Navy had no authority or duty to bargain before removing the bottled water. View "US Dept. of the Navy v. FLRA" on Justia Law

Republic challenged an order of the DOT withdrawing two Republic "slot exemptions" at Reagan National and reallocating those exemptions to Sun Country. "Slots" were take-off and landing rights. In both an informal letter to Republic and a final order, DOT held that Republic's parent company engaged in an impermissible slot-exemption transfer with Midwest. In so holding, DOT summarily dismissed Republic's argument that, under DOT and Federal Aviation Administration precedent, the Republic-Midwest slot-exemption transfer was permissible because it was ancillary to Republic Holdings' acquisition of Midwest. The court held that because DOT had departed from its precedent without adequate explanation, its decision could not survive arbitrary and capricious review. Accordingly, the court granted Republic's petition for review and vacated DOT's order. View "Republic Airline Inc. v. U.S. Dept. of Transportation" on Justia Law

This case arose when Southern Power terminated its service agreement with Georgia Power, represented by Local 84, and Alabama Power, represented by Local 801-1, taking over four electricity generating plants' operations. Local 84 and Local 801-1 requested recognition, contending that Southern Power qualified as a successor employer to Georgia Power and Alabama Power. After a hearing, an ALJ found that Southern Power violated sections 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq., ordering it to recognize and bargain with the unions. The ALJ also found that the three-plant bargaining unit represented by Local 84 was inappropriate. On March 20, 2009, the Board, acting with only two sitting members, issued an order affirming the ALJ's findings but found, however, that the Georgia Power three-plant bargaining unit was proper given the unit's bargaining history. Southern Power petitioned for review and the court remanded in light of New Process Steel, which required at least three members to exercise the Board's authority. On November 30, 2010, a three-member panel of the Board affirmed the ALJ's decision and adopted the recommended Order. Southern Power subsequently petitioned for review of the Board's November 30 Order. The court held that it lacked jurisdiction to consider two of Southern Power's arguments, another was time-barred, and two others failed on the merits. Accordingly, the court denied the petition and granted the Board's cross-application for enforcement. View "Southern Power Co. v. NLRB" on Justia Law

Defendant was tried for various crimes arising from his involvement with the M Street Crew, a gang in Washington D.C., and was found guilty of narcotics conspiracy, participation in a Racketeer Influenced Corrupt Organization (RICO), 18 U.S.C. 1961, drug dealing, four felony murders, assault with intent to kill while armed, assault on a police officer, three violent crimes in aid of racketeering activity (VICAR), 18 U.S.C. 1959, and various gun charges. Defendant raised several issues on appeal, claiming error in the government's use of peremptory challenges, in rejecting his challenge to the joinder of local and federal charges, in denying his motion for severance, and in denying his motion for judgment of acquittal. The court held that there was no reversible error and rejected defendant's claims, affirming the judgment of the court. View "United States v. Gooch" on Justia Law

Appellants, manufacturers, distributors, and users of ear candles, along with organizations that advocate the use of holistic health remedies like ear candles, challenged warning letters the FDA issued to several manufacturers, advising that the agency considered their candles to be adulterated and misbranded medical devices. The district court dismissed appellants' complaint on the ground, among others, that the warning letters did not constitute final agency action. The court affirmed the district court's order to dismiss for failure to state a claim because the warning letters, even as supplemented by the FDA's website and appellants' conversations with FDA officials, did not constitute final agency action and therefore, appellants' complaint was not cognizable under the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq. View "Holistic Candlers and Consumer, et al. v. FDA, et al." on Justia Law