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

Plaintiffs, current and former members of the Navy and Marine Corps, filed suit against senior officials in the military and the Department of Defense, alleging that they were raped, sexually assaulted, or sexually harassed by their fellow Sailors and Marines, only to suffer retaliation from their superiors for reporting their plight. The Supreme Court has held that military officials are not subject to personal liability under the Constitution for their management decisions, including the choices they make about the discipline, supervision, and control of servicemembers. The court joined the Fourth Circuit in concluding that no Bivens remedy is available in this instance. Accordingly, the court affirmed the district court's dismissal of the suit. View "Klay, et al. v. Panetta, et al." on Justia Law

Plaintiff filed suit against defendants, alleging that he was terminated from his position as a special education teacher because of an email he sent to the chancellor, which contained one sentence that constituted speech protected by the First Amendment. The court concluded that plaintiff was using the email as an internal channel through which he could, in his capacity as a teacher, report interference with his job responsibilities. Therefore, under Winder v. Erste, plaintiff's email constituted employee speech unprotected by the First Amendment. Further, it was not unreasonable for defendants to believe that it was not unlawful to fire plaintiff based on preexisting law. Accordingly, the court affirmed the district court's conclusion that the individual defendants were entitled to qualified immunity on plaintiff's First Amendment claim. View "Mpoy v. Rhee, et al." on Justia Law

Ralls, an American corporation whose owners are Chinese nationals, purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. CFIUS determined that Ralls' acquisition of the Project Companies threatened national security and issued temporary mitigation orders restricting Ralls' access to, and preventing further construction at, the Project Companies' windfarm sites. The President also concluded that the transaction posed a threat to national security. On appeal, Ralls challenged CFIUS's final order and the Presidential Order, which prohibited the transaction and required Ralls to divest itself of the Project Companies. The court concluded that the Presidential Order deprived Ralls of constitutionally protected property interests without due process of law; the court remanded to the district court with instructions that Ralls be provided the requisite process which should include access to unclassified evidence on which the President relied and an opportunity to respond; and the court left it to the district court to address the merits of Ralls' remaining claims in the first instance since the CFIUS Order claims were dismissed on a jurisdictional ground and given the scant merits briefing. View "Ralls Corp. v. Committee on Foreign Investments, et al." on Justia Law

This petition involves Bermuda's efforts to secure rights from the International Telecommunication Union (ITU) to operate a satellite at the 96.2 degree W.L. orbital location. Bermuda partnered with EchoStar to deploy and maintain its satellite at this orbital location. Meanwhile, the Netherlands also sought rights from the ITU to operate a satellite at a nearby orbital location. Petitioner, Spectrum Five, a developer and operator of satellites working in partnership with the Netherlands, filed an objection to the FCC to EchoStar's request to move its satellite from 76.8 degrees W.L. to 96.2 degrees W.L. The FCC granted EchoStar's request and determined that Bermuda secured rights to the 96.2 degree W.L. orbital location. Spectrum Five petitioned for review of the Commission's order, claiming principally that the Commission acted arbitrarily and capriciously. The court dismissed the petition for lack of Article III standing because Spectrum Five failed to demonstrate a significant likelihood that a decision of this court would redress its alleged injury. View "Spectrum Five LLC v. FCC" on Justia Law

After the Company prevailed in a 2000 arbitration in France against the Congo, the Company sought to collect the arbitral award with little success. The Company obtained a judgment in 2009 from a court in England enforcing the arbitral award. The Company then sued in the United States to enforce the foreign judgment under state law. The court held that the limitations period in the Federal Arbitration Act (FAA), 9 U.S.C. 207, does not preempt the longer limitations period in the D.C. Recognition Act, D.C. 15-639, and the court reversed the dismissal of the complaint. The court remanded the case for the district court to determine whether the English Judgment is enforceable under the D.C. Recognition Act. View "Commissions Import Export S.A. v. Republic of the Congo, et al." on Justia Law

In ACLU I, the court held that the Freedom of Information Act (FOIA), 5 U.S.C. 552, required the Justice Department to disclose case names and docket numbers for prosecutions in which the government had obtained cell phone tracking data without a warrant and the defendant had ultimately been convicted. At issue in this appeal was whether the Department would also have to disclose docket information for similar prosecutions in which the defendant had been acquitted or had the charges dismissed. The court concluded that the Department properly withheld this information given the substantial privacy interest individuals have in controlling information concerning criminal charges for which they were not convicted. Accordingly, the court affirmed the district court's grant of summary judgment to the Department. View "ACLU, et al. v. Department of Justice" on Justia Law

Appellant, a Marine Corps. veteran who was honorably discharged, sought review of the BCNR's denial of an increase in appellant's disability rating. The court affirmed the district court's dismissal where the only claim ever properly placed at issue before the district court was rendered moot by a stipulated remand to the BCNR. The court did not reach the other issues briefed on appeal. View "Schmidt v. United States" on Justia Law

Plaintiff, a Board employee, filed suit claiming that her supervisors engendered a hostile work environment, discriminating against her on the basis of her race and sex. The court affirmed the district court's grant of summary judgment for the Board, concluding that, while the supervisors' actions may have been unprofessional, uncivil, and somewhat boorish, they did not constitute an adequate factual basis for the Title VII claims presented here. View "Brooks v. Grundmann" on Justia Law

House members who voted for the DREAM and DISCLOSE bills, and others filed suit against the Vice President and others alleging that the effect of Rule XXII was to require sixty votes to get legislation through the Senate, that the rule prevented the passage of legislation that has the support of a majority of both houses of Congress, and that the rule therefore violated the Constitutional principle of majority rules. The district court dismissed the complaint for lack of jurisdiction. The court concluded that plaintiffs' alleged injury was caused not by any of the defendants, but by an "absent third party" - the Senate itself. Accordingly, the court lacked jurisdiction to decide the case and affirmed the judgment of the district court. View "Common Cause, et al. v. Biden, Jr., et al." on Justia Law

In response to the Congo war, Congress created Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15 U.S.C. 78m(p), which requires the SEC to issue regulations requiring firms using "conflict minerals" to investigate and disclose the origin of those minerals. The Association challenged the SEC's final rule implementing the Act, raising claims under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq.; the Securities Exchange Act, 15 U.S.C. 78a et seq.; and the First Amendment. The district court rejected all of the Association's claims and granted summary judgment for the Commission and intervenor Amnesty International. The court concluded that the Commission did not act arbitrarily and capriciously by choosing not to include a de minimus exception for use of conflict materials; the Commission could use its delegated authority to fill in gaps where the statute was silent with respect to both a threshold for conducting due diligence and the obligations of uncertain issuers; the court rejected the Association's argument that the Commission's due diligence threshold was arbitrary and capricious; the Commission did not act arbitrarily and capriciously and its interpretation of sections 78m(p)(2) and 78m(p)(1)(A)(i) was reasonable because it reconciled these provisions in an expansive fashion, applying the final rule not only to issuers that manufacture their own products, but also to those that only contract to manufacture; and the court rejected the Association's challenge to the final rule's temporary phase-in period, which allowed issuers to describe certain products as "DRC conflict undeterminable." The court also concluded that it did not see any problems with the Commission's cost-side analysis. The Commission determined that Congress intended the rule to achieve "compelling social benefits," but it was "unable to readily quantify" those benefits because it lacked data about the rule's effects. The court determined that this benefit-side analysis was reasonable. The court held that section 15 U.S.C. § 78m(p)(1)(A)(ii) & (E), and the Commission’s final rule violated the First Amendment to the extent the statute and rule required regulated entities to report to the Commission and to state on their website that any of their products have “not been found to be 'DRC conflict free.'" The label "conflict free" is a metaphor that conveys moral responsibility for the Congo war. By compelling an issuer to confess blood on its hands, the statute interferes with the exercise of the freedom of speech under the First Amendment. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Nat'l Assoc. of Manufacturers, et al. v. SEC, et al." on Justia Law