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

PTO sought review of a decision of the FLRA upholding an arbitrator's award in favor of the Union. The arbitrator concluded that PTO committed an unfair labor practice in violation of the Federal Service Labor-Management Relations Statute, 5 U.S.C. 7116(a)(1) and (5), when it repudiated a provision in an agreement requiring that it make an annual request of the OPM to increase PTO's special schedule pay rates and, if OPM refused, to discuss "substantially equivalent alternatives" with POPA. PTO challenged the FLRA's determination that the provision constituted an "appropriate arrangement" under 5 U.S.C. 7106(b)(3). The court granted PTO's petition on the ground that, under the collateral estoppel doctrine, the FLRA was bound by its earlier decision concluding the provision did not constitute an appropriate arrangement. View "U.S. Dept. of Commerce v. FLRA" on Justia Law

Between defendant's first and second trials, he filed a pro se complaint alleging that federal officials violated the Fourth Amendment by conducting warrantless searches of his apartment and a warehouse leased in his name. On May 28, 2008, after defendant's conviction in the second trial, the district court dismissed his civil case sua sponte under Heck v. Humphrey. More than eight months after that dismissal, on January 31, 2009, defendant filed a document in the district court styled as a "Motion for Leave to File Notice of Appeal pro se by Plaintiff" (January Motion). The district court denied defendant leave to file the January Motion and he responded by filing a document he styled a "Notice of Appeal," which stated that he wished to obtain review of the denial of the January Motion. The court determined that defendant was appealing the district court's denial of leave to file a notice of appeal, and therefore deemed defendant's filing a petition for mandamus. The court held that mandamus was unwarranted because the district court properly denied defendant leave to file. Accordingly, the court denied defendant's petition for mandamus. View "In re: Antoine Jones, et al." on Justia Law

Dayton was served with a citation alleging over 100 willful violations of the Occupational Safety and Health Act, 29 U.S.C. 654. Dayton contested the citation and by 1997, its appeal was before the Occupational Safety and Health Review Commission. Twelve years later, the Commission issued an order affirming nearly all of the violations and assessed a penalty. Dayton asked the court to set aside the order because of the Commission's delay. The court declined, holding that the delay alone was not enough to set aside the order. The court held, however, that the Commission lacked substantial supporting evidence for its finding that Dayton's violations were willful. Accordingly, the court vacated that portion of the Commission's order and remanded for the Commission to reassess the nature of Dayton's violations and recalculate the appropriate penalty. The court affirmed the Commission's order in all other respects. View "Dayton Tire v. Secretary of Labor" on Justia Law

Noble Energy and other lessees sued in the Court of Federal Claims, alleging that application of the Coastal Zone Management Act, 16 U.S.C. 1451-1464, suspension requests constituted a material breach of their lease agreements to drill for, develop, and produce oil and natural gas on submerged lands off the coast of California. The Court of Federal Claims agreed; on appeal the Federal Circuit affirmed. One year after the Federal Circuit's decision in the breach-of-contract litigation, the Minerals Management Service (MMS), sent a letter to Noble ordering it to plug and abandon Well 320-2 permanently. The district court ruled that the common law doctrine of discharge did not relieve Noble of the regulatory obligation to plug its well permanently, an obligation that the lease did not itself create. Resolution of the dispute depended on what the plugging regulations meant. The court held that it was up to MMS's successor to interpret its regulation in the first instance and to determine whether they apply in situations like Noble's. If they do, the agency must explain why. Therefore, the court vacated the judgment and sent the case back to the district court with instructions to vacate Interior's order and to remand to the Secretary for further proceedings. View "Noble Energy, Inc. v. Salazar, et al." on Justia Law

Comau sought review of a decision of the Board affirming the finding of an ALJ that Comau committed an unfair labor practice (ULP) in violation of section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5). The Board filed a cross-application for enforcement. The court granted Comau's petition and vacated the Board's finding that Comau committed a ULP by unilaterally changing its employees' healthcare benefits. The court concluded that the Board's finding was arbitrary and capricious because all parties agreed that Comau and the union were at impasse one December 22, 2008. View "COMAU, INC. v. NLRB" on Justia Law

Appellant alleged that his employer, the United States Customs and Border Protection Agency, repeatedly rejected him for promotions in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq. The district court granted summary judgment for the agency. The court reversed the district court's dismissal of appellant's claims stemming from John Milne's promotion where the district court never reached the issue; reversed its grant of summary judgment with respect to his age and race discrimination claims stemming from Mark Reefe's promotion where genuine issues of material fact existed; and remanded for further proceedings. The court disposed of appellant's remaining arguments and affirmed in all other respects. View "Gilbert v. Napolitano" on Justia Law

The Association petitioned for review of the Commission's interpretation of statutory language contained in a provision of the amended Fair Credit Reporting Act, 15 U.S.C. 1681m(h). The Commission announced this interpretation in a Federal Register notice accompanying its promulgation of an amended rule regulating "risk-based pricing" of consumer credit. Because a challenge to such an interpretation must begin in the district court, the court dismissed the Association's petition for lack of jurisdiction. View "National Automobile Dealers Assoc. v. FTC" on Justia Law

Three related companies that operate New Jersey nursing homes petitioned for review of a Board decision. The Board found that petitioners violated the National Labor Relations Act, 29 U.S.C. 151 et seq., by refusing to meet with their employees' union for the purpose of collective bargaining, and by refusing to timely and completely supply information requested by the union. At issue were petitioners' defenses of impasse and bad faith on the part of the union. Because substantial evidence supported the Board's findings that there was no genuine impasse and that the union's information requests were not made in bad faith, the court denied the petition for review and granted the Board's cross-application for enforcement. View "Monmouth Care Center, et al. v. NLRB" on Justia Law

Plaintiffs opposed the use of vaccines that contain thimerosal, a mercury-based preservative, and believed that vaccines containing mercury harm young children and pregnant women. Plaintiffs filed an action alleging that the FDA, by allowing thimerosal-preserved vaccines, violated its statutory duty to ensure the safety of vaccines. Plaintiffs asked for a court order requiring the FDA to prohibit the administration of vaccines containing more than a trace level of thimerosal to young children and pregnant women and sought to force the FDA to remove thimerosal-preserved vaccines from the market. The district court dismissed the suit for lack of standing. The court concluded that plaintiffs were not required to receive thimerosal-preserved vaccines; they could readily obtain thimerosal-free vaccines; they did not have standing to challenge the FDA's decision to allow other people to receive the vaccines; and plaintiffs could advocate that the Legislative and Executive Branches ban the vaccines. But because plaintiffs were suffering no cognizable injury as a result of the FDA's decision to allow the vaccine, their lawsuit was not a proper subject for the Judiciary. Accordingly, the court affirmed the judgment of the district court. View "Coalition for Mercury-Free Drugs, et al. v. Sebelius, et al." on Justia Law

Registered nurses working for Veritas voted to make the United Nurses Associations of California/Union of Health Care Professionals (Union) their bargaining representative. Veritas would not bargain with the Union because Veritas claimed that pro-Union conduct by supervising charge nurses had coerced the registered nurses' votes and tainted the election. Rejecting Veritas' claims, the NLRB certified the Union and found that Veritas had committed an unfair labor practice by refusing to bargain. Veritas petitioned for review. The court concluded that precedent and substantial evidence supported the NLRB's conclusions. Therefore, the court denied Veritas' petition and granted the NLRB's cross-application of enforcement of its order. View "Veritas Health Services, Inc. v. NLRB" on Justia Law