DC Circuit - The FindLaw DC Circuit Court of Appeals Opinion Summaries Blog

April 2015 Archives

An AFL-CIO transit union cannot be held responsible for disparaging comments made by its members on Facebook, the D.C. Circuit has ruled. The case involved comments about picket line crossers made on the Union's private Facebook page during a strike.

The comments, which predictably called non-union workers scabs and rhetorically asked about Molotov cocktails, were not union-organized coercion which would violate the National Labor Relations Act, the Circuit held.

FERC properly allowed premium rates to be applied in the sale of a pipeline connecting Missouri and Illinois, the D.C. Circuit ruled this week. After MoGas, a pipeline operator, purchased a 5.6 mile natural gas pipeline running under the Mississippi River, the Federal Energy Regulatory Commission (FERC) allowed it to charge premium rates as a "benefits exception" to usual limitations.

The Missouri Public Service Commission sued, arguing that purchasing the pipeline served no public benefit and ran counter to FERC precedent. The court, however, disagreed, choosing to defer to FERC's interpretation of its own regulations.

D.C. Circuit Upholds Conviction for International Child Kidnapping

In 2001, Khaled Shabban had a child with Araceli Hernandez. The two didn't live together, so they stipulated to a custody agreement in which Hernandez would have physical custody but Shabban would be allowed unsupervised visits. In 2004, Shabban told Hernandez he was taking their son -- then three years old -- to an amusement park.

Except that he didn't take the kid to an amusement park; he took the kid to Egypt, where Shabban was from. This resulted, almost two years later, in Shabban being arrested and charged with international parental kidnapping.

In case you haven't been paying attention, here's the dirt on Sri Srinivasan, a newer arrival to the D.C. Circuit, but widely considered a rising legal star and potential future SCOTUS nominee. A native of India, he grew up in Kansas, graduated from Stanford, and clerked for Justice Sandra Day O'Connor. Srinivasan gained notice as a private litigator and government lawyer before joining the D.C. Circuit.

Four of the nine Justices currently sitting on the Supreme Court came through the D.C. Circuit. Will Srinivasan be next?