United States DC Circuit - April 2001 Opinion Summaries

FED. TRADE COMM'N v. H.J. HEINZ CO.

Antitrust & Trade Regulation
A preliminary injunction under Section 13(b) of the Federal Trade Commission Act to enjoin consolidation of a merger is in the public's interests...

THOMAS v. POWELL

Civil Procedure, Class Actions
Where class plaintiffs attempted to relitigate settlement negotiation matters in state court that federal district court had already deemed to be a...

HALLE ENTER., INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
Employer's voluntary offer to reinstate employees previously ordered by the NLRB to be reinstated does not toll the employees' right to backpay where...

GLOBAL NAPS, INC. v. FED. COMMUNICATIONS COMM'N

Communications Law, Cyberspace Law
The FCC did not deprive plaintiff of due process, did not exceed its authority by invalidating plaintiff's tariff for Internet-bound traffic under 47...

LAPRADE v. KIDDER, PEABODY & CO., INC.

Dispute Resolution & Arbitration, Labor & Employment Law
An arbitration award may require an employee to pay a portion of the forum fees for arbitration of her statutory and non-statutory claims against her...

IN RE: SEALED CASE

Criminal Law & Procedure, Sentencing
The Supreme Court's decision in Apprendi does not require the government to prove defendant's gun threat beyond a reasonable doubt in order to apply a...

WORLDCOM, INC. v. FED. COMMUNICATIONS COMM'N

Communications Law
An incumbent Local Exchange Carrier's provision of DSL-based advanced services are subject to access and service offer obligations under the...

POWER CO. OF AM. v. FED. ENERGY REGULATORY COMM'N

Public Utilities
A 60-day notice-of-termination rule does not apply to short-term power sales contracts under 18 CFR 35.15(a).

KATZ v. GEORGETOWN UNIV.

Education Law, Labor & Employment Law
According to the unambiguously clear language of Faculty Handbook, plaintiff university professor could be terminated without at least on-year's...

BORG-WARNER PROTECTIVE SERVICES CORP. v. EQUAL EMPLOYMENT OPPORTUNITY COMM'N

Civil Procedure, Labor & Employment Law
District court lacks jurisdiction over an employer's complaint seeking declaratory judgment over whether its arbitration agreement violates Tittle...