United States DC Circuit - February 2009 Opinion Summaries

Anaheim v. FERC

Administrative Law, Public Utilities
In a petition for review of a Federal Energy Regulatory Commission order setting a higher rate of compensation for wholesale electricity generators,...

Wasserman v. Rodacker

Civil Procedure, Civil Rights, Government Law, Injury & Tort Law
In an action alleging false imprisonment by a police officer, summary judgment for Defendant is affirmed, where the U.S. properly substituted itself...

Am. Farm Bureau Fed. v. EPA

Administrative Law, Environmental Law
Petition for review of EPA air quality standards is granted in part and denied in part, where the EPA failed to adequately explain why its fine...

Barham v. Salazar

Civil Procedure, Civil Rights
In a civil rights action alleging the mass arrest of demonstrators, Defendant's appeal of the denial of his motion to dismiss based on qualified...

Tooley v. Napolitano

Civil Procedure, Civil Rights
In a civil rights action alleging illegal wiretapping, summary judgment for Defendants is reversed and remanded, where the complaint, although...

US v. $6,976,934.65

Asset Forfeiture, Criminal Law & Procedure
In a civil forfeiture action, summary judgment for Plaintiff is reversed. There was insufficient evidence that Plaintiff "declined to enter or...

Kiyemba v. Obama

Civil Rights, Criminal Law & Procedure, Habeas Corpus
On a petition for habeas corpus, the District Court's order granting the petition was reversed and remanded. Petitioners sought release from...

US v. Ashton

Criminal Law & Procedure, Evidence
Defendant's conviction for possession with intent to distribute PCP is affirmed, as the District Court did not abuse its discretion in excluding...

Filebark v. US Dep't of Transp.

Administrative Law, Government Law, Labor & Employment Law, Transportation
In a case involving four air traffic controllers' pay dispute with the Federal Aviation Administration (FAA), dismissal of the suit is affirmed where:...

Hill v. Gould

Administrative Law, Attorney's Fees, Environmental Law
Denial of an application to recover appellant's attorney's fees and expenses under the Equal Access to Justice Act, brought after she won a lawsuit...