DC Circuit: September 2009 Archives
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September 2009 Archives

Rempfer v. Sharfstein, No. 08-5117

In an action challenging the Food and Drug Administration's approval of an anthrax vaccine and seeking to enjoin the Defense Department from administering it to military personnel, dismissal of the complaint is affirmed where: 1) the court deferred to the FDA's judgment that the vaccine was effective regardless of the route of exposure; and 2) the FDA did not act arbitrarily or capriciously in resting a finding of effectiveness on the results of a challenged study.

Read Rempfer v. Sharfstein, No. 08-5117

Appellate Information

Argued April 20, 2009

Decided September 29, 2009

Counsel

For Appellants:

John J. Michels Jr. and Mark S. Zaid, Baker & McKenzie LLP, Chicago, IL

For Appellees:

Melissa N. Patterson, Michael F. Hertz, Jeffrey A. Taylor and Mark B. Stern, U.S. Department of Justice, Washington, DC

EMILY's List v. Fed. Elections Comm'n., No. 08-5422

In a First Amendment challenge to Federal Elections Commission (FEC) regulations limiting how much non-profit organizations engaged in political activities could raise and spend, summary judgment for defendant-FEC is reversed where: 1) the regulations were not "closely drawn" to serve a cognizable anticorruption interest; and 2) the FEC lacked authority under the Federal Election Campaign Act to presume that any public communications that merely "refer" to a federal candidate necessarily seek to influence a federal election.

Read EMILY's List v. Fed. Elections Comm'n., No. 08-5422

Appellate Information

Argued May 4, 2009

Decided September 18, 2009

Judges

Opinion by Judge Kavanaugh

Counsel

For Appellant:

Robert F. Bauer, Perkins Coie, Washington, DC

Ezra W. Reese, Perkins Coie, Washington, DC

For Appellee:

David Kolker, Associate General Counsel, Federal Election Commission, Washington, DC

Thomasenia P. Duncan, Federal Election Commission, Washington, DC

Saleh v. Titan Corp., No. 08-7008

In an action alleging detainee abuse by private military contractors that provided services to the U.S. government at the Abu Ghraib military prison during the war in Iraq, denial of summary judgment to one defendant is reversed where plaintiffs' tort claims were preempted under the military contractor immunity doctrine.  Judgment for the other defendant is affirmed on the same grounds.

Read Saleh v. Titan Corp., No. 08-7008

Appellate Information

Argued February 10, 2009

Decided September 11, 2009

Judges

Opinion by Judge Silberman

Counsel

For Appellants:

Susan L. Burke

Katherine Gallagher

For Appellee:

Ari S. Zymelman, Williams & Connolly LLP, Washington, DC

F. Whitten Peters, Williams & Connolly LLP, Washington, DC

Anna Jaques Hosp. v. Sebelius, No. 08-5407

In an action claiming that the Secretary of Health and Human Services improperly excluded the labor costs of certain types of hospitals from her calculation of Medicare reimbursements due to plaintiffs, summary judgment for plaintiffs is reversed where the Secretary's exclusion of the costs was based on a reasonable interpretation of her statutory authority.

Read Anna Jaques Hosp. v. Sebelius, No. 08-5407

Appellate Information

Argued May 8, 2009

Decided September 11, 2009

Judges

Opinion by Judge Griffith

Counsel

Stephanie R. Marcus, Attorney, U.S. Department of Justice, Washington, DC

Mark B. Stern, Attorney, U.S. Department of Justice, Washington, DC

For Appellees:

Ankur J. Goel, McDermott Will & Emery LLP, Washington, DC

Kelly M. Falls, McDermott Will & Emery LLP, Washington, DC