United States DC Circuit - July 2001 Opinion Summaries

BROWN v. WHEAT FIRST SECS., INC.

Dispute Resolution & Arbitration, Labor & Employment Law
An employee who agrees to arbitration of disputes as a condition of employment and who makes a non-statutory state law claim grounds of public policy...

HOLLAND v. WILLIAMS MOUNTAIN COAL CO.

Civil Procedure
Where a company took over mining operations but did not employ the previous owner's employees, the new owner is not a successor-in-interest for...

ANDRX PHARMS., INC. v. BIOVAIL CORP. INT'L

Antitrust & Trade Regulation, Civil Procedure
Plaintiff's failure to inform the court that the FDA had approved its product justified the court's dismissal for failure to sufficiently allege its...

US v. WEBB

Criminal Law & Procedure, Sentencing
Apprendi applies to the fact finder, and does not require that a jury determine the facts of the case rather than a judge.

US v. WESTON

Constitutional Law, Criminal Law & Procedure
The government may administer antipsychotic drugs to a pretrial detainee against his will in order to render him competent to stand trial.

RUSSELL v. PRINCIPI

Civil Rights, Labor & Employment Law
While poor performance evaluations are not necessarily adverse actions, the loss of a cash bonus can constitute an adverse employment action under...

MONMOUTH MED. CTR. v. THOMPSON

Government Benefits, Health Law
28 USC 1361 provides mandamus jurisdiction for hospitals seeking a recalculation of "disproportionate share hospital" payments pursuant to 42 USC...

CF INDUS., INC. v. SURFACE TRANSP. BD.

Administrative Law, Antitrust & Trade Regulation
While the ability to increase revenues by raising prices is not always indicative of market power, the normal assumption in examining assertions of...

AIR TRANSP. ASS'N OF CANADA v. FED. AVIATION ADMIN.

Administrative Law, Transportation
The Federal Aviation Reauthorization Act of 1996, 49 USC 45301, authorizes the FAA to establish fees for flights through US controlled airspace that...

AL-FAYED v. CENT. INTELLIGENCE AGENCY

Civil Procedure
District courts must review de novo agency denials of expedited processing under the Freedom of Information Act, 5 USC 552, rather than defer to...