United States DC Circuit - January 2002 Opinion Summaries

ALI v. DISTRICT OF COLUMBIA

Civil Rights, Constitutional Law, Injury & Tort Law
Neither the District of Columbia nor its officials can be held liable for torts committed by Virginia officials, and alleging only an "open case" in...

US v. BOOKHARDT

Constitutional Law, Criminal Law & Procedure
If a police officer arrests a defendant on a ground that proves invalid, the arrest is nonetheless lawful if the same officer had probable cause to...

US v. YEH

Criminal Law & Procedure, Sentencing
Abundant evidence supports a four-level enhancement under USSG 3B1.1(a) for illegal alien smuggling activity where defendant's counsel stated at his...

MADLEY v. US PAROLE COMM'N

Criminal Law & Procedure, Habeas Corpus
Courts of the District of Columbia are state courts for purposes of 28 U.S.C. Section 2253(c)(1)(A), and a prisoner convicted in a DC court must...

PUBLIC CITIZEN v. DEPT. OF STATE

Constitutional Law, Government Law
Under the Freedom of Information Act (FOIA), a government agency must show that an "administrative nightmare" would result were it unable to apply a...

WIGGINS v. HENDERSON

Criminal Law & Procedure, Habeas Corpus
When a federal district court hears an appeal from a final order in a habeas proceeding, the federal court is not rendered a state court for purposes...

MAKINS v. DIST. OF COLUMBIA

Civil Procedure, Ethics & Professional Responsibility, Labor & Employment Law
DC Court of Appeals certified to determine if a client is bound by a settlement agreement negotiated by her attorney when she has not given the...

US TELECOM ASS'N v. FED. BUREAU OF INVESTIGATION

Communications Law, Criminal Law & Procedure
Under the Communications Assistance for Law Enforcement Act, 47 USC 1001 et seq., the FBI need only compensate telephone service providers for...

PHARMACHEMIE, B.V. v. BARR LABS., INC.

Health Law, Intellectual Property, Patent
Drug licensee seeking to appeal an Abbreviated New Drug Application decision for marketing a generic drug before the expiration of a patent has a moot...

NAT'L RURAL ELEC. POWER COOP. ASS'N v. SEC. & EXCH. COMM'N

Public Utilities
Under the Public Utility Holding Company Act, 15 USC 79a et seq., a merger of two utility companies that are not contiguous and separated by several...