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

June 2016 Archives

Sure, residents of Washington, D.C. don't have real representation in Congress and can easily have their laws overturned by that same body, but they've got something that's almost better now. FindLaw now has the best, easiest-to-use District of Columbia Codes around.

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Internet Can Be Treated as Utility, DC Circuit Rules

In a major ruling last week, the DC Circuit left undisturbed the FCC's decision on forced net neutrality. Internet service providers balked at the notion that the internet should be regarded as a utility. But they will simply have to get used to this new reality.

This decision, which surprised both proponents and opponents alike, means several things, including more litigation.

DC Circuit: No 2nd Amendment Right to Concealed Carry

DC will continue to enforce its concealed-carry gun law after the circuit stayed a lower federal judge's ruling that the local law was "likely unconstitutional." The city's law is another one of the local municipalities that requires a "good cause" (or "good reason") of those applicants when filing for a concealed carry permit.

Concealed carry seems to be fading in this country. Take note of the recent Ninth Circuit ruling.

Rhea Lana's Franchise Systems puts on semi-annual consignment sales of used toys, clothing, furniture, and the like. Staffed "principally by mothers and grandmothers," the sales are not much different from community fundraisers or garage sales -- except that Rhea Lana is a for-profit business that franchises its sales, but doesn't pay any of its salespeople.

Failing to pay its salespeople brought Rhea Lana to the attention of the Department of Labor, which sent the company a letter notifying it of its noncompliance and warning that penalties could be imposed for repeated or willful violations. Rhea Lana sought to challenge the DOL's determination that it was out of compliance -- and won the right to do just that in the D.C. Circuit last week. The ruling could greatly expand business's right to challenge DOL determinations before any enforcement action is taken.