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

The Board promulgated the Health Care Rule in 1989, which established eight standardized bargaining units for acute-care hospitals. This case concerns the application of the Health Care Rule on a retrospective basis - in particular, to preexisting bargaining units that did not conform to the eight standardized units set forth in the Rule. The Rule prescribes that, if there is a petition to represent an additional unit in a hospital with preexisting nonconforming units, the Board may find the additional unit appropriate only if it comports, to the extent practicable, with one of the eight standardized units. The Board understands that aspect of the Rule to apply as follows: in any representation election that would create a new bargaining unit, the new unit must include all unrepresented employees who would be grouped together in one of the Rule’s standardized units. At issue in this case is whether the same understanding of the Rule governs an election to add unrepresented employees to a preexisting bargaining unit, as opposed to an election to create a new bargaining unit. In other words, when a union seeks to add unrepresented employees to a preexisting nonconforming unit, must the unit embrace all (and not just some) of the unrepresented employees who would fit within the same standardized unit in the Rule? The Board answered in the negative and reasoned that the addition of employees to an already existing unit - the creation of a new unit - necessarily keeps the number of bargaining units constant. Petitioner, an acute-care facility, argues that the Board’s distinction between preexisting units and new units under the Rule is arbitrary and incompatible with the Board’s own precedent. The court rejected petitioner's challenge to the Board’s interpretation and application of its own regulation. Therefore, the court upheld the Board’s understanding that the Rule is inapplicable in the context of elections to add employees to a preexisting unit. The court denied the petition for review and granted the Board's cross-application for enforcement. View "Rush Univ. Med. Ctr. v. NLRB" on Justia Law

After the United States detained Mohammed Jawad at Guantanamo Bay Naval Base for more than six years until he was released and returned to his native Afghanistan, Jawad filed suit alleging that they subjected him to torture while he was in their custody. The court affirmed the district court’s dismissal of Jawad’s complaint because the federal courts lack jurisdiction to hear his claims. Section 7(a) of the Military Commissions Act, 28 U.S.C. 2241(e)(2), strips federal courts of jurisdiction to hear most claims against the United States arising out of the detention of aliens like Jawad captured during the United States’ invasion of Afghanistan in response to the attacks of September 11, 2001. The court rejected Jawad's reasons why the Combatant Status Review Tribunal (CSRT) finding that he was an "enemy combatant" does not satisfy the section 7(a) requirements. The court also rejected Jawad's remaining claims. View "Jawad v. Gates" on Justia Law

Care One petitioned for review of the Board's determination that Care One committed a series of unfair labor practices in an effort to prevent the certification of a union at its nursing home and rehabilitation facility in Morristown, New Jersey. The Board held that Care One had interfered with employees’ protected activity and discriminated against union-eligible employees by instituting a system-wide, discretionary benefits increase shortly before a scheduled representation election and denying the increase to the union-eligible employees. The Board also held that the company unlawfully interfered with its employees’ right to organize by distributing to employees eligible to vote in the upcoming election a threatening leaflet associating unionization with job loss; presenting a slideshow depicting employees, without their consent, as if they supported the Company’s antiunion campaign; and issuing a post-election memorandum reiterating the company’s workplace violence policy, which the Board concluded could reasonably be read in context to threaten reprisal for protected union activity. The court concluded that the Board's conclusions are supported by substantial evidence and denied Care One's petition for review, affirming the Board's cross-application for enforcement. View "Care One at Madison Avenue v. NLRB" on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983 after the District of Columbia Lottery and Charitable Games Control Board terminated his employment, alleging in part that his termination violated his Fifth Amendment right to due process. At issue is the district court’s most recent dismissal of plaintiff’s complaint, as well as its denial of his motion for summary judgment. The court concluded that plaintiff has shown that his due process rights were violated and that this violation caused his alleged damages. Therefore, the court reversed the district court's grant of summary judgment to the District and, in part, its denial of plaintiff's motion for summary judgment. The court remanded to the district court to address whether the District can be held liable under section 1983 for this violation and, if it can, for a determination of the amount of damages to which defendant is entitled. View "Thompson v. District of Columbia" on Justia Law

Seed Company Limited, a Japanese company, is led by Shigeru Tamai. Tamai invented a dispenser of correctional tape enabling users to correct printed documents by rolling white tape over errors. Seed and Tamai applied for patents but the application was denied because of legal counsel’s noncompliance with Patent Office regulations when filing a motion related to the application. As a result of the error, another inventor obtained the patent for the same invention. Seed and Tamai filed a legal malpractice suit against counsel. The district court subsequently granted summary judgment for defendants. The court concluded that the statute of limitations had elapsed with respect to the malpractice claims against one group of defendants - those who ceased working on behalf of Seed and Tamai when the law firm engaged in the representation split into two firms. With regard to the remaining defendants - those who continued to represent Seed and Tamai after the breakup of the firm - the court found that the statute of limitations poses no bar to the malpractice action. On the merits of the claims against those defendants, the court concluded that there is a genuine dispute of material fact about whether the alleged error is one of professional judgment, and whether defendants exercised reasonable care in making the judgment. Accordingly, the court reversed and remanded as to this issue. View "Seed Co. Ltd. v. Westerman" on Justia Law

The Secretary of Labor exercised his authority under the Federal Mine Safety and Health Act of 1977, Pub. L. No. 95-164, 91 Stat. 1290, to promulgate regulations that require mine operators to test the continuity and resistance of “grounding systems” for mining equipment. At issue is whether the Secretary properly determined that power cables and extension cords are regulated parts of those “grounding systems.” The court upheld the Secretary’s decision because, under the regulations’ plain language, power cables and extension cords are most naturally considered components of “grounding systems.” Accordingly, the court denied the petition for review. View "Tilden Mining Co. v. Secretary of Labor" on Justia Law

Defendant appealed his conviction and sentence for unlawful possession of 100 grams or more of PCP with intent to distribute. The court affirmed the conviction, but reversed as to the district court's imposition of the career-offender enhancement pursuant to USSG 4B1.1(a). In this case, the district court's plain error under the residual clause affected defendant's substantial rights because his sentence cannot be saved under the elements clause. The unlawfulness of his sentence necessarily affects the fundamental fairness and integrity of his conviction. Defendant is entitled to a resentencing without the career-offender enhancement. Accordingly, the court vacated the sentence and remanded for resentencing. View "United States v. Sheffield" on Justia Law

Petitioners seek review of the Commission's decision imposing sanctions for violations of the Investment Advisers Act of 1940, 15 U.S.C. 80b-21, and the rule against misleading advertising. Here, the Commission instituted an administrative enforcement action against petitioners for alleged violations of anti-fraud provisions of the Investment Advisers Act based on how they presented their “Buckets of Money” retirement wealth-management strategy to prospective clients. The court rejected petitioners' contention that the Commission’s decision and order under review should be vacated because the ALJ rendering the initial decision was a constitutional Officer who was not appointed pursuant to the Appointments Clause. The court also concluded that there is substantial evidence to support the Commission’s finding that petitioners’ “Buckets-of-Money” presentation promised to provide an historical-data-only backtest where the analysis would account for “rebucketizing.” Paying deference to the Commission's choice of sanctions, the court upheld the district court's imposition of the lifetime industry bar on Raymond J. Lucia. The court rejected petitioners' remaining contentions and denied the petition for review. View "Raymond J. Lucia Co. v. SEC" on Justia Law

Southwest petitioned for review of the DOT's guidance letter addressing “accommodation” policies at Love Field. Accommodation is a process by which an airline can gain access to operate flights from an airport at which it leases no gates. The court dismissed the petition for review, finding that DOT’s letter does not constitute a final agency action, a prerequisite to the court's review. In this case, the letter does not reflect the consummation of DOT’s decisionmaking on the issues it discusses. DOT in fact has instituted an administrative proceeding (which remains ongoing) that will address and resolve, among other things, the precise issues and policies broached in the letter. View "Southwest Airlines Co. v. DOT" on Justia Law

Defendant appealed his conviction and sentence after pleading guilty to a conspiracy charge under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(d). The district court sentenced defendant to 156 months in prison. The court agreed with defendant that the case should be remanded to the district court for resentencing in light of a retroactive amendment to section 2D1.1 of the Guidelines. The court concluded that, with the promulgation of Amendment 782, the lower adjusted offense level for the drug conspiracy makes a difference. The amendment reduces defendant’s base offense level for the drug conspiracy from 28 to 26. Without the three-level leadership bump that defendant now contests, his adjusted offense level would remain 26. As before, the adjusted offense level for the murder conspiracy (36) would continue to serve as the starting point. But, unlike before, the combined offense level in that circumstance would be 36 (instead of 37). After the reduction for acceptance of responsibility, defendant’s final offense level would be 33 (instead of 34), with a lower sentencing range of 135 to 168 months. In light of that potential effect, the court concluded that resentencing is appropriate to enable defendant to challenge the application of the leadership adjustment in calculating his Guidelines range. Accordingly, the court vacated the sentence and remanded for resentencing. The court affirmed as to defendant's remaining contentions of error. View "United States v. Melgar-Hernandez" on Justia Law