United States DC Circuit - December 2001 Opinion Summaries

US v. AGRAMONTE

Criminal Law & Procedure
An instruction that the jury need find only a "detectable amount" as opposed to "any specific amount" of drugs in order to convict resulted in...

FED. TRADE COMM'N v. KEN ROBERTS CO.

False Advertising
Neither the Investment Advisors Act nor the Commodity Exchange Act strip the FTC of its broad power over deceptive advertising.

WILLIS v. FED. BUREAU OF INVESTIGATION

Civil Procedure
When deciding motions for the appointment of counsel in cases brought under the Freedom of Information Act, 5 U.S.C. s 552 (FOIA), district courts...

WOOD v. DEP'T OF LABOR

Labor & Employment Law
A plaintiff cannot, as a matter of law, make out a retaliatory discharge claim, under section 11(c) of the Occupational Safety and Health Act, 29...

LIU v. IMMIGRATION AND NATURALIZATION SVC.

Immigration Law
If a plaintiff has been granted first preference employment-based immigrant status from the INS, his appeal of the denial of his second preference...

HILL v. NORTON

Environmental Law
Mute swans, as undisputed members of the family Anatidae, are included in the list of migratory birds protected by the Migratory Bird Treaty Act...

CURTAIN v. UNITED AIRLINES, INC.

Commercial Law, Contracts
Tender, endorsement, and deposit of a check that stated "in full and complete settlement of any and all claims," by airline passengers who have lost...

SPRINT COMMUNICATIONS CO. v. FED. COMMUNICATIONS COMM'N

Antitrust & Trade Regulation, Public Utilities
When reviewing applications under Section 271 of the Telecommunications Act of 1996, the FCC must offer adequate justification for why it thought that...

SECOND AMENDMENT FOUND. v. US CONFERENCE OF MAYORS

Civil Procedure
In a conspiracy claim alleging defendants filed unlawful lawsuits, the fact that defendants met in the District of Columbia to discuss the lawsuits is...

LEPRE v. DEP'T OF LABOR

Labor & Employment Law
The judicial review provision of the Federal Employees Compensation Act, 5 USC 8128(b), does not bar judicial review of an employee's due process...