United States DC Circuit - January 2003 Opinion Summaries

WISCONSIN PROJECT ON NUCLEAR ARMS CONTROL v. US DEP'T OF COMMERCE

Commercial Law, Constitutional Law, Government Law, International Trade
Exemption 3 of the Freedom of Information Act, 5 U.S.C. s 552(b)(3) (2000), permits the Department of Commerce to withhold from public disclosure...

TROUT v. SEC'Y OF THE NAVY

Attorney's Fees, Civil Rights, Labor & Employment Law, Remedies
After a successful sex discrimination class action against the U.S. Navy, the district court erred in awarding prejudgment interest under Civil Rights...

US v. GOODWIN

Criminal Law & Procedure, Sentencing
Denial of a downward departure was not erroneous under U.S.S.G. section 2D1.1, authorizing departure where an agent sets a price below market value to...

21ST CENTURY TELESIS JOINT VENTURE v. FED. COMMUNICATIONS COMM'N

Administrative Law, Communications Law, Cyberspace Law
Appellant lacked standing to bring challenges to the FCC's automatic cancellation of its broadband licenses, as its subsequent decision not to seek...

BEVERLY HEALTH & REHAB. SERVS., INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
A nursing home operator's did not commit unfair labor practices under the National Labor Relations Act where it was under no duty to rehire workers...

REGAL CINEMAS, INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
NLRB correctly found that an employer transferred bargaining unit work to managers and assistant managers, and the Board's conclusion that employer...

US v. GRAHAM

Criminal Law & Procedure, Sentencing
An FBI agent's testimony was relevant to the reliability of the wiretap evidence, and prosecutor's cross-examination of a key defense witness as to...

RUGIERRO v. FED. COMMUNICATIONS COMM'N

Administrative Law, Communications Law, Constitutional Law
The character qualification provision of the Radio Broadcasting Preservation Act of 2000, making ineligible for a certain radio license anyone who...

NEMARIAM v. THE FED. DEMOCRATIC REPUBLIC OF ETHOPIA

Civil Procedure, Injury & Tort Law, International Law, Property Law & Real Estate
Dismissal of a suit against Ethiopia, seeking recovery for property damage suffered during a border war, is reversed as the Ethiopia/Eritrea Claims...

U.S. v. BAILEY

Criminal Law & Procedure, Evidence
The district court's errors in 1) excluding evidence that defendant had not yet been tried for two offenses that were introduced under Federal Rule of...