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

Plaintiff filed a civil suit alleging that his employer fired him because he was male. At issue was whether 42 U.S.C. 2000e-5(f)(1) barred plaintiff's suit because he brought it too late. On EEOC Form 5, plaintiff swore that his statements were true and listed his address as “3032 Rodman Street, NW, Apt. 35, Washington, DC 20008.” At the time he was not living at that address. A month earlier he had moved to South Carolina. The court joined its sister circuits in holding that when a complainant, such as plaintiff in this instance, fails to receive a right-to-sue notice because he gave the EEOC an incorrect address or because he neglected to inform the EEOC when he moved, the complainant is at fault and he is not entitled to equitable tolling. Accordingly, the court affirmed the judgment. View "Maggio v. Wisconsin Ave. Psychiatric Ctr." on Justia Law

Plaintiff filed a civil suit alleging that his employer fired him because he was male. At issue was whether 42 U.S.C. 2000e-5(f)(1) barred plaintiff's suit because he brought it too late. On EEOC Form 5, plaintiff swore that his statements were true and listed his address as “3032 Rodman Street, NW, Apt. 35, Washington, DC 20008.” At the time he was not living at that address. A month earlier he had moved to South Carolina. The court joined its sister circuits in holding that when a complainant, such as plaintiff in this instance, fails to receive a right-to-sue notice because he gave the EEOC an incorrect address or because he neglected to inform the EEOC when he moved, the complainant is at fault and he is not entitled to equitable tolling. Accordingly, the court affirmed the judgment. View "Maggio v. Wisconsin Ave. Psychiatric Ctr." on Justia Law

The Bank and a group of States challenged the constitutionality of various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376. The district court concluded that plaintiffs lacked standing and that their claims were not ripe. The court concluded that the Bank has standing to challenge the constitutionality of the Consumer Financial Protection Bureau, and that claim is ripe. Therefore, the court reversed as to that claim and remanded for reconsideration in the first instance the Bank’s constitutional challenge to the Bureau. The court also concluded that the Bank has standing to challenge Director Cordray’s recess appointment, and that claim is ripe. Therefore, the court reversed as to that claim and remanded for reconsideration in the first instance the Bank’s constitutional challenge to the recess appointment. The court further concluded that the Bank lacks standing to challenge the constitutionality of the Financial Stability Oversight Council and affirmed the judgment as to that claim. Finally, the court concluded that the State plaintiffs lack standing to challenge the Government’s orderly liquidation authority, and that claim is not ripe. Therefore, the court affirmed as to that claim. View "State Nat'l Bank of Big Spring v. Lew" on Justia Law

The Bank and a group of States challenged the constitutionality of various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376. The district court concluded that plaintiffs lacked standing and that their claims were not ripe. The court concluded that the Bank has standing to challenge the constitutionality of the Consumer Financial Protection Bureau, and that claim is ripe. Therefore, the court reversed as to that claim and remanded for reconsideration in the first instance the Bank’s constitutional challenge to the Bureau. The court also concluded that the Bank has standing to challenge Director Cordray’s recess appointment, and that claim is ripe. Therefore, the court reversed as to that claim and remanded for reconsideration in the first instance the Bank’s constitutional challenge to the recess appointment. The court further concluded that the Bank lacks standing to challenge the constitutionality of the Financial Stability Oversight Council and affirmed the judgment as to that claim. Finally, the court concluded that the State plaintiffs lack standing to challenge the Government’s orderly liquidation authority, and that claim is not ripe. Therefore, the court affirmed as to that claim. View "State Nat'l Bank of Big Spring v. Lew" on Justia Law

Plaintiff filed suit against the Department, alleging that her new supervisor retaliated against her for earlier discrimination complaints. The district court granted summary judgment in favor of the Department. The supervisor justified plaintiff's low performance ratings on the ground that plaintiff, a managerial employee, failed adequately to supervise satellite offices and external contractors. Further, the supervisor attested that plaintiff was never excluded from meetings and that plaintiff could have attended meetings, but never did. The court concluded that the proffered facts could not, if presented a trial, support a jury verdict that retaliation was the supervisor's real motive for the actions of which plaintiff complains. Accordingly, the court affirmed the district court's judgment. View "Allen v. Johnson" on Justia Law

Plaintiff filed suit against the Department, alleging that her new supervisor retaliated against her for earlier discrimination complaints. The district court granted summary judgment in favor of the Department. The supervisor justified plaintiff's low performance ratings on the ground that plaintiff, a managerial employee, failed adequately to supervise satellite offices and external contractors. Further, the supervisor attested that plaintiff was never excluded from meetings and that plaintiff could have attended meetings, but never did. The court concluded that the proffered facts could not, if presented a trial, support a jury verdict that retaliation was the supervisor's real motive for the actions of which plaintiff complains. Accordingly, the court affirmed the district court's judgment. View "Allen v. Johnson" on Justia Law

Defendant, convicted of twenty-five counts of aiding or assisting in the filing of a false tax return, appealed his convictions. Defendant alleged that the court improperly instructed the jury and that he received ineffective assistance of counsel. The court found no error in the jury instruction regarding I.R.C. 7206(2) or prejudice from the alleged ineffectiveness. Reading the instructions as a whole, the court concluded that the district court’s instruction on good faith “substantially covered” the knowledge element that defendant requested. Therefore, the court affirmed the conviction. Because the government has conceded error in regards to the restitution order, which was improperly calculated, the court remanded for reconsideration of that aspect of defendant's sentence. View "United States v. Udo" on Justia Law

Defendant, convicted of twenty-five counts of aiding or assisting in the filing of a false tax return, appealed his convictions. Defendant alleged that the court improperly instructed the jury and that he received ineffective assistance of counsel. The court found no error in the jury instruction regarding I.R.C. 7206(2) or prejudice from the alleged ineffectiveness. Reading the instructions as a whole, the court concluded that the district court’s instruction on good faith “substantially covered” the knowledge element that defendant requested. Therefore, the court affirmed the conviction. Because the government has conceded error in regards to the restitution order, which was improperly calculated, the court remanded for reconsideration of that aspect of defendant's sentence. View "United States v. Udo" on Justia Law

Bruce Packing petitioned for review of the Board's decision that Bruce Packing committed unfair labor practices in an effort to beat back a union-organizing drive at one of its plants. The court agreed with the Board that substantial evidence supports its conclusion that the termination of a worker violated the National Labor Relations Act, 29 U.S.C. 158(a)(3), where the evidence demonstrated that Bruce Packing would not have terminated the worker absent his union activity. However, the court disagreed with the Board’s decision to allow the late amendment of the General Counsel’s complaint, which left Bruce Packing without notice of a new charge that it lacked the opportunity to fairly contest. Accordingly, the Board’s order will be enforced with respect to all issues, except its conclusion that Bruce Packing illegally promised benefits to employees who stopped supporting the union. View "Bruce Packing Co. v. NLRB" on Justia Law

BSDL petitioned the district court to confirm an arbitration award rendered against the government of Belize. The district court entered judgment in favor of BSDL. The arbitration award arises out of the alleged breach by Belize of a 2005 agreement between Belize and Belize Telemedia Limited, BSDL’s predecessor in interest. The court concluded that the language of the Foreign Sovereign Immunities Act, 28 U.S.C. 1605(a)(6), arbitration exception makes clear that the agreement to arbitrate is severable from the underlying contract. In order to succeed in its claim that there was no “agreement made by the foreign state . . . to submit to arbitration,” Belize must show that the Prime Minister lacked authority to enter into the arbitration agreement. Belize has failed to do this and therefore, Belize failed to carry its burden of establishing that BSDL’s allegations do not bring this case within the FSIA’s arbitration exception. The court rejected Belize's remaining arguments and affirmed the judgment. View "Belize Social Dev. Ltd. v. Government of Belize" on Justia Law