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

The Board moved to transfer this petition for review of one of its orders to the Ninth Circuit where another petition for review of the same order has been filed. Although the Board conceded that it received the court-and-date-stamped copy of Remington's petition within 28 U.S.C. 2112(a)(1)'s ten-day time limit, it argued that it did not receive the copy from the persons instituting the proceedings. Because every petitioner seeking review of a Board order must comply with section 10(f) of the National Labor Relations Act, 29 U.S.C. 160(f), section 2112(a) could serve its separate notice function only if petitioners wishing to take advantage of that section's forum selection procedure comply with it separately. Requiring petitioners to comply personally with section 2112(a) alerted the agency that the petitioner cared about its chosen forum and, as the Board explained, imposed the burden of compliance on the party seeking to benefit from section 2112(a). Therefore, the court must transfer the petition to the Ninth Circuit. The court granted the motion to transfer. View "Remington Lodging & Hospitality v. NLRB" on Justia Law

Fisher-Cal filed suit alleging that the Air Force violated the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., when the Air Force opted not to renew a contract for multimedia services with Fisher-Cal and decided to in-source the services. On appeal, Fisher-Cal challenged the district court's appeal of its suit for lack of subject matter jurisdiction. The court accepted the reasoning of the Federal Circuit in Distributed Solutions, Inc. v. United States, which held that lawsuits involving decisions whether to in-source or contract fell within the jurisdiction of the Tucker Act, 28 U.S.C. 1491. Accordingly, Fisher-Cal's challenge to the Air Force's decision to in-source was governed by the Tucker Act and therefore the U.S. Court of Federal Claims had jurisdiction over the challenge. Accordingly, the court affirmed the judgment of the district court. View "Fisher-Cal Indus., Inc. v. United States, et al." on Justia Law