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

Appellee, an employee of the FBI, alleged that FBI officials retaliated against him in violation of Title VII of the Civil Rights Act of 1964 when, by reporting unfounded security concerns to the Bureau's Security Division, they prompted an investigation into his continued eligibility for a security clearance. In the D.C. Circuit Court of Appeals' earlier opinion in this case, Rattigan v. Holder, the Court held that although the Supreme Court and D.C. Circuit precedent shields the Security Division's security clearance-related decisions from judicial review, the Title VII claim could nonetheless go forward so long as it challenged only the reporting of Appellee to the Security Division and not the Division's decision to investigate. On rehearing, however, the Court vacated the district court judgment and narrowed the scope of Title VII liability in these circumstances, holding that Appellee's Title VII claim could proceed only if he could show that agency employees acted with a retaliatory or discriminatory motive in reporting or referring information that they knew to be false. Remanded for further proceedings. View "Wilfred v. Holder" on Justia Law

Intercollegiate Broadcasting, Inc. appealed a final determination of the Copyright Royalty Judges (CRJs) setting the default royalty rates and terms applicable to internet-based webcasting of digitally recorded music. The D.C. Circuit Court of Appeals held that the positions of the CRJs, as currently constituted, violates the Appointments Clause of the U.S. Constitution. To remedy that violation, the Court followed the Supreme Court's approach in Free Enterprise Fund v. Public Company Accounting Oversight Bd. by invalidating and severing the restrictions on the Librarian of Congress's ability to remove CRJs. The Court concluded that with such removal power in the Librarian's hands, the CRJs are "inferior" rather than "principal" officers, and no constitutional problem remained. Because of the Appointments Clause violation at the time of the decision, the Court vacated and remanded the determination challenged here. View "Intercollegiate Broad. v. Copyright Royalty Bd." on Justia Law

Appellant pled guilty to racketeer influenced corrupt organization conspiracy and was sentenced to a term of imprisonment. Appellant appealed, arguing that his conviction was obtained in violation of Kastigar v. United States, that he received ineffective assistance of counsel, and that the government breached his plea agreement. The D.C. Circuit Court of Appeals remanded for the district court to consider certain of Appellant's claims of ineffective assistance but denied his appeal in all other respects, holding (1) with respect to the Kastigar hearing, there was nothing deficient about counsel's performance; but (2) as to the other claims of ineffective assistance, the cause should be remanded for factual development, as Appellant raised the claims for the first time on appeal, and the Court could not tell from the record whether he was entitled to relief. View "In re Sealed Case" on Justia Law

In 2005, Chevron Mining, Inc. (CMI) amended its employee bonus plan in response to the decision of the United Mine Workers of America to call "memorial period" work stoppages. The National Labor Relations Board (Board) concluded that the amended was an unfair labor practice. CMI filed a petition for review in the D.C. Circuit Court of Appeals, and the Board filed a cross-application for enforcement. The Ninth Circuit denied CMI's petition for review and granted the Board's cross-application for enforcement, holding (1) the employees' participation in the 2004 memorial days was protected under the National Labor Relations Act (Act); and (2) the Board's finding that CMI's amendment to the bonus plan violated the Act was supported by substantial evidence. View "Chevron Mining Inc. v. NLRB" on Justia Law