United States DC Circuit - April 2002 Opinion Summaries

US v. DRAFFIN

Criminal Law & Procedure, Sentencing
It was not clear error for district court, without a request from appellant, not to depart downward under the U.S.S.G. based on appellant's contention...

REPUBLIC OF VENEZUELA v. PHILIP MORRIS INC.

Civil Procedure, Injury & Tort Law, International Law
Court has no appellate jurisdiction to review orders already issued remanding to a Florida state court four lawsuits filed by foreign states against...

CONSOLIDATED EDISON CO. OF NEW YORK, INC. v. ASHCROFT

Public Utilities, Government Law
Attorney General's retention of an $800,000 surcharge, part of a multi-million dollar judgment recovered on behalf of appellant and other public...

VAN DYKE v. NTSB

Administrative Law, Transportation
NTSB decision upholding a 45-day suspension of appellant's commercial pilot license was vacated where board failed to demonstrate substantial evidence...

PEYTON v. DIMARIO

Civil Rights, Labor & Employment Law, Remedies
In an appeal of damages and relief awarded after a successful Title VII employment discrimination suit, an award of future damages, based on the...

ADAMS v. SEC. & EXCH. COMM'N

Administrative Law, Attorney's Fees
When reviewing an application for attorneys' fees, section 504(a)(2) of Equal Access to Justice Act is to be interpreted as creating a bright-line...

DOMINION RESOURCES, INC. v. FERC

Administrative Law, Oil and Gas Law
Because the FERC's Compliance Order, requiring plaintiff's pipeline subsidiary to observe FERC's Standards of Conduct, 18 C.F.R. sections 161.3,...

TOOLASPRASHAD v. BUREAU OF PRISONS

Civil Rights, Constitutional Law
A prisoner's transfer and reclassification in retaliation for exer- cising his First Amendment rights can constitute "adverse determinations" under...

US (TOTTEN) v. BOMBARDIER CORP.

Injury & Tort Law, Public Utilities, Transportation
The Amtrak Reform and Accountability Act of 1997 erects no per se bar preventing individuals from bringing suits under the False Claims Act against...

WOOD v. AMERICAN INST. IN TAIWAN

International Law
Defendant, a unique entity through which the US performs consular services on Taiwan and conducts commercial, cultural, and other relations with the...