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

Plaintiff filed suit alleging that BAE had tortiously interfered with his at-will employment arrangement in violation of District of Columbia law. Plaintiff filed a diversity case in federal district court but would like to have the dispositive question he raises on appeal decided by the District Court of Columbia Court of Appeals: whether District of Columbia law recognizes a cause of action for tortious interference with at will employment against a third party former employer who procured the plaintiff's discharge from his new employer. Because the question on which plaintiff seeks certification is neither genuinely uncertain nor of sufficient public importance to warrant burdening the D.C. Court of Appeals, the court denied the request. The court affirmed the judgment of that court because plaintiff does not ask this court to independently review the district court's resolution of that question. View "Metz v. BAE Sys. Tech." on Justia Law

Bibeau appealed the district court's grant of summary judgment and order directing it, as a related person to a disabled miner's former employer, to pay health insurance premiums, interest, and liquidated damages to the United Mine Workers of America 1992 Benefit Plan. The court concluded that Bibeau's laches claim was precluded under Petrella v. Metro-Goldwyn-Mayer, Inc. because each premium installment gives rise to a separate cause of action for legal relief for which Congress has enacted a statute of limitations to govern timeliness. Further, under the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. 9701-9722, which incorporates the Employee Retirement Income Security Act's (ERISA), 29 U.S.C. 1451(a)(1), enforcement scheme, the district court did not err in awarding interest and liquidated damages. Accordingly, the court affirmed the judgment. View "Holland v. Bibeau Construction Co." on Justia Law

Plaintiff filed suit against his employer, the GPO, alleging unlawful discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The district court granted summary judgment to the GPO. Plaintiff's claims on appeal involve the GPO's alleged discrimination in not promoting him to Second Offset Pressperson and the GPO's alleged retaliation in excluding him from a Georgia training program. The court concluded that plaintiff failed to raise a genuine issue of material fact regarding whether the GPO's legitimate nondiscriminatory reason for not promoting him - he was not qualified for the position he was seeking - was pretextual. Assuming arguendo that plaintiff's exclusion from the training program was sufficiently adverse, he failed to offer evidence demonstrating that the GPO's proffered reason for denying him training - that the decisionmaker thought he did not want it - was pretextual. Accordingly, the court affirmed the judgment. View "Hairston v. Vance-Cooks" on Justia Law

TPI filed a rate complaint with the STB, alleging that numerous CSX common carrier rates were unreasonable and CSX moved for an expedited procedure with respect to questions related to market dominance. The Board granted the motion and bifurcated the adjudication into a market dominance phase and a second rate reasonableness phase. Then the Board issued a decision, concluding that CSX had market dominance over 51 contested rates. The Board rejected requests for reconsideration and CSX sought review of the Board's interlocutory ruling regarding the 51 rates. The court agreed with the Board that the appeal must be dismissed because the contested dominance decision is a non-final order. There is no final order because the Board has yet to inquire into the reasonableness of CSX's rates and has issued no adverse ruling with respect to any rates. Accordingly, the court dismissed the petition for review. View "CSX Transportation v. STB" on Justia Law

Plaintiff filed a class action suit against his former employer, Harman, under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., alleging that Harman breached its fiduciary duties by making false and misleading statements to investment firms. On appeal, plaintiff challenged the district court's conversion of defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6)(d) and grant of summary judgment to defendants without giving plaintiff a reasonable opportunity to present evidence. The court did not reach the merits of the appeal, concluding that if the district court violated Rule 12(d), the error would be harmless in this case where discovery would be futile. Accordingly, the court affirmed the judgment. View "Russell v. Harman Int'l Indus." on Justia Law

Plaintiff, a trade group representing federal contractors, filed suit challenging the Department's revision of regulations requiring contractors to extend an invitation to job applicants to advise the contractor whether they believed they were covered by Section 503 of the Rehabilitation Act, 29 U.S.C. 793(a), as well as to analyze the resulting data. The revised regulations also adopted a utilization goal to serve as a target for the employment of individuals with disabilities. The OFCCP explained that these requirements are important means by which the Government can contribute to reducing the employment disparity between those with and without disabilities. Applying Chevron deference, the court concluded that the Department did not exceed its statutory authority, and the agency's exercise of rulemaking authority is a product of reasoned rulemaking and was not arbitrary nor capricious. Accordingly, the court affirmed the judgment. View "Assoc. Builders and Contractors v. Shiu" on Justia Law

LaPSC sought review of FERC's order denying refunds to certain Louisiana-based utility companies for payments they made pursuant to a cost classification later found to be unjust and unreasonable. In denying LaPSC's refund request, the Commission relied on precedent it characterized as a policy to deny refunds in cost allocation cases, yet the precedent on which it relied is based largely on considerations the Commission did not find applicable. The Commission otherwise relied on the holding company's inability to revisit past decisions, a universally true circumstance. Because the line of precedent on which the Commission relied involved rationales that it concluded were not present in LaPSC's case, and because the existence of the identified equitable factor is unclear and its relevance inadequately explained, the court granted the petition and remanded for the Commission to consider the relevant factors and weigh them against one another. View "Louisiana Public Service Comm'n v. FERC" on Justia Law

After petitioner settled a suit in which the Commission filed a civil complaint against him for committing various securities law violations, petitioner agreed in a consent judgment that he would not contest the allegations of the civil complaint in any related administrative proceeding before the Commission. The Commission then commenced a follow-on proceeding against petitioner to determine whether a remedial sanction was in the public interest and ordered that petitioner be permanently barred from the securities industry and from participating in any offering of penny stock. Petitioner sought vacatur of the Commission's order pursuant to Blinder, Robinson & Co. v. SEC. In Blinder, the court emphasized that, in a follow-on sanctions proceeding, the Commission must abide by a "clear distinction" between the district court's determination of a petitioner's liability under the securities laws and evidence about the circumstances surrounding his misconduct. The court concluded that the Commission considered the relevant record, including petitioner's evidence of the circumstances surrounding his misconduct that did not, in effect, seek to challenge the allegations of the complaint. Accordingly, the court deferred to the Commission's choice of sanction and denied the petition for review. View "Siris v. SEC" on Justia Law

Relator filed suit against defendants under the False Claims Act (FCA), 31 U.S.C. 3729, alleging that defendants imported pencils that they knew were made in China, avoided paying substantial antidumping duties imposed on Chinese-made pencils, and falsely declared to U.S. Customs officials that they were made elsewhere in Asia. On appeal, relator challenged the district court's conclusions that his FCA claim is based on publicly disclosed information and that he failed to demonstrate original-source status. The court affirmed the district court's dismissal for lack of subject matter jurisdiction because relator's claim is jurisdictionally barred and the court had no reason to determine whether the complaint failed to state a viable FCA claim. View "United States ex rel. John Doe v. Staples, Inc." on Justia Law

The County filed suit against the Department, challenging the Secretary's approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians and the State of California. The Tribe sought to intervene after six years of litigation for the purpose of dismissing the amended complaint under Federal Rule of Civil Procedure 19. The court concluded that the district court did not abuse its discretion in denying the motion as untimely where the district court set forth the proper test, analyzed the relevant factors, and concluded that the Tribe's motion did not satisfy Rule 24(a)'s timeliness requirement. Accordingly, the court affirmed the judgment. View "Amador County, CA v. Dept. of the Interior" on Justia Law