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

The DC Circuit denied Duke's petition for review of the Commission's denial of Duke's complaint against PJM under the Federal Power Act (FPA), 16 U.S.C. 825e. To prepare for a bitterly cold day during the January 2014 polar vortex, Duke purchased expensive natural gas which it ended up not needing. Duke then claimed that PJM, its regional transmission organization, directed it to purchase the gas and that the governing tariff provided for indemnification. The court held that the Commission's finding that PJM never directed Duke to buy gas was supported by substantial evidence on the record. Therefore, the court had no need to address Duke's remaining argument that, had such a directive been issued, the tariff would have authorized indemnification. View "Duke Energy Corp. v. FERC" on Justia Law

Defendants Brown, Boston, and Mathews were convicted of crimes related to the unlawful distribution of PCP. Defendant Ira Adona pleaded guilty before trial. The DC Circuit affirmed Brown and Boston's convictions and sentences. The court vacated Adona and Mathews' sentences, remanding for resentencing. The court held that Adona's appeal was not barred by the appeal waiver and that the district court plainly erred in its consecutive-sentencing analysis. The court also held that the district court properly calculated Matthews' Sentencing Guidelines range, but it failed to explain adequately its variance from that range. View "United States v. Brown" on Justia Law

The DC Circuit affirmed the district court's dismissal based on lack of subject matter jurisdiction of CMS's decision declining to hear Mercy Hospital's challenge to its reimbursement rate for fiscal years 2002 through 2004. The Administrator interpreted a statutory provision that precluded administrative and judicial review of the reimbursement rate to also preclude review of the underlying formula that helped determine that rate. The court concluded from the Medicare statute's plain language in 42 U.S.C. 1395ww(j) that "prospective payment rates" means step-two rates. The court held that the preclusion paragraph barred review of step-two rates and the statutory adjustments. View "Mercy Hospital, Inc. v. Azar" on Justia Law

After sixteen-year-old Yaakov Naftali Fraenkel and two of his classmates were taken hostage and killed by members of Hamas, his family filed suit in district court against Iran and Syria under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1605A. Plaintiffs alleged that defendants provided material support to Hamas. The district court eventually entered a default judgment for plaintiffs and plaintiffs challenged the amount of damages awarded to them. The DC Circuit rejected plaintiffs' claim that the district court erred in failing to determine the solatium damages awards in conformity with the remedial scheme established in Estate of Heiser v. Islamic Republic of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). The court held that Heiser was a useful reference point, but not binding precedent. The court further held that the district court abused its discretion in awarding solatium damages because its judgment was based on impermissible considerations and clearly erroneous findings of fact. Accordingly, the court reversed in part and remanded. The court affirmed the punitive damages and pain-and-suffering awards because the judgments with respect to those awards were consistent with the applicable law, adequately reasoned, and supported by the evidence. View "Fraenkel v. Islamic Republic of Iran" on Justia Law

Washtech, a union representing workers throughout the country in the STEM labor market, challenged DHS's regulations allowing nonimmigrant aliens temporarily admitted to the country as students to remain in the country for up to three years after finishing a STEM degree to pursue work related to their degree. The DC Circuit held that Washtech had standing to bring challenges to the 2016 Rule under the doctrine of competitor standing; affirmed the dismissal of Washtech's challenge to the 1992 Rule as time-barred; reversed the dismissal of Washtech's challenge in Count II (challenging DHS's statutory authority) because the district court abused its discretion in dismissing a plausible claim of relief based on Washtech's inadequate opposition to DHS's motion to dismiss; remanded as to Count II; and affirmed the district court's dismissal of Counts III (alleging procedural deficiencies) and IV (alleging rule was arbitrary and capricious) under Federal Rule of Civil procedure 12(b)(6) because neither stated a plausible claim for relief. View "Washington Alliance of Technology Workers v. DHS" on Justia Law

Washtech, a union representing workers throughout the country in the STEM labor market, challenged DHS's regulations allowing nonimmigrant aliens temporarily admitted to the country as students to remain in the country for up to three years after finishing a STEM degree to pursue work related to their degree. The DC Circuit held that Washtech had standing to bring challenges to the 2016 Rule under the doctrine of competitor standing; affirmed the dismissal of Washtech's challenge to the 1992 Rule as time-barred; reversed the dismissal of Washtech's challenge in Count II (challenging DHS's statutory authority) because the district court abused its discretion in dismissing a plausible claim of relief based on Washtech's inadequate opposition to DHS's motion to dismiss; remanded as to Count II; and affirmed the district court's dismissal of Counts III (alleging procedural deficiencies) and IV (alleging rule was arbitrary and capricious) under Federal Rule of Civil procedure 12(b)(6) because neither stated a plausible claim for relief. View "Washington Alliance of Technology Workers v. DHS" on Justia Law

At issue in this case are the ramifications of a utility filing more than one rate with FERC during the time in which the utility negotiates an agreement with a prospective customer. The DC Circuit denied the petition for review and upheld FERC's determination that the governing rate was the rate in effect at the time the agreement was completed. Because the court found that FERC properly considered the court's findings on remand, adequately explained its decision, and properly considered the evidence, FERC did not act arbitrarily and capriciously in interpreting the new rate. View "ESI Energy, LLC v. FERC" on Justia Law

The DC Circuit affirmed defendant's conviction for twenty-one counts of bank fraud and other offenses. The court held that the district court did not abuse its discretion by admitting evidence of a judgment in a related civil case, evidence of uncharged acts under Federal Rule of Evidence 404(b), and evidence of the financial damage that defendant's scheme inflicted on his would-be customers. The court also denied defendant's ineffective assistance of counsel claim where counsel's errors, if any, were not so serious as to deprive defendant of a fair trial. View "United States v. Grey" on Justia Law

The DC Circuit granted the Company's petition for review challenging the Board's decision holding that the relationship between the Union and the Company was governed by Section 9(a), rather than Section 8(f), of the National Labor Relations Act, 29 U.S.C. 159(a), 158(f). The court held that the record lacked evidence either confirming or controverting majority support. The court explained that the Board must identify something more than truth-challenged form language before it can confer exclusive bargaining rights on a union under Section 9(a). The court also held that the Board's decision was arbitrary and capricious because it made demonstrably untrustworthy contractual language the be-all and end-all of Section 9(a) status. View "Colorado Fire Sprinkler, Inc. v. NLRB" on Justia Law

The DC Circuit denied petitions for review challenging the Amendments to Regional Consistency Regulations adopted by the EPA pursuant to section 7601 of the Clean Air Act (CAA), 42 U.S.C. 7601. The Amended Regulations were issued in response to the court's decision in National Environmental Development Association's Clean Air Project v. EPA (NEDACAP I), 752 F.3d 999 (D.C. Cir. 2014). The court held that the Amended Regulations reflect permissible and sensible solutions to issues emanating from intercircuit conflicts and agency nonacquiescence. Accordingly, the court deferred to the EPA's reasonable construction of the statute. View "National Environmental Development Association's Clean Air Project v. EPA" on Justia Law