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

Articles Posted in International Trade
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This case involved the district court's order requiring the Office of the United States Trade Representative to disclose a classified document describing the government's position during international trade negotiations. The only document that remained in dispute was a white paper referred to in the district court proceedings as "document 1," which consisted of the Trade Representative's commentary on the interpretation of the phrase "in like circumstances." The court concluded that the Trade Representative properly withheld the document as exempt from disclosure under exemption 1 of the Freedom of Information Act, 5 U.S.C. 552(b)(1), because the white paper was properly classified as confidential. Accordingly, the court reversed the district court's judgment. View "Center For Int'l Env. Law v. Office of the U.S. Trade Rep., et al." on Justia Law

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This case stemmed from the Federal Motor Carrier Safety Administration's recent authorization of a pilot program that allowed Mexico-domiciled trucking companies to operate trucks throughout the United States, so long as the trucking companies complied with certain federal safety standards. Drivers Association and Teamsters contended that the pilot program was unlawful. As a preliminary matter, the court concluded that Drivers Association and Teamsters both have standing to challenge the pilot program. On the merits, the court concluded that all seven of Drivers Association's arguments and all six of Teamsters' arguments were unpersuasive. Accordingly, the court denied the petitions for review. View "International Brotherhood of Teamsters, et al. v. DOT, et al." on Justia Law

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Appellants filed suit claiming that the FWS had unlawfully denied their requests for permits to import hunting trophies taken from elephant hunts in Zambia in 2005 and 2006. The district court rejected appellants' claims and granted summary judgment to the Government. Because this matter was unripe for review when the district court heard the case and issued its decision, the record on appeal was incomplete. Therefore, the court vacated the judgment and remanded for further consideration. View "Marcum, et al v. Salazar, et al" on Justia Law

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Plaintiffs sued defendants alleging that defendants submitted fraudulent petitions to the U.S. International Trade Commission ("ITC") and thereby induced the ITC to impose unwarranted duties on plaintiffs' products. At issue was whether defendants' petitions to the ITC established personal jurisdiction in the District of Columbia when none of the defendants was located or incorporated in the District of Columbia. Also at issue was whether jurisdiction was proper where defendants had conspired with a trade association that was located within the District of Columbia. The court held that plaintiffs' allegation that defendants conspired with a trade association was insufficient to support personal jurisdiction. The court then certified the following question to the D.C. Court of Appeals, "Under District of Columbia law, does a petition sent to a federal government agency in the District provide a basis for establishing personal jurisdiction over the petitioner when the plaintiff has alleged that the petition fraudulently induced unwarranted government action against the plaintiff?"