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NLRB Can't Order Reimbursement of Court Costs

The National Labor and Relations Board has no unilateral power to order the reimbursement of attorneys and litigation expenses incurred during an NLRB meeting, according to the DC Circuit.

Although the power of the board is wide and expansive, the power to issue a "pay up, or else" order does not exist -- even in the face of repeated bad faith instances of NLRB violations.

DC Cir: No Link Between ACA 'Transition' Program and Health Insurance Premiums

A lawyer for the evangelical group American Freedom Law Center has lost his Obamacare suit in the D.C. Circuit on the grounds of lack of standing.

The appellate court ruled that the AFLCA and Robert Muise, it's co-founder and senior counsel, failed to prove beyond the standard of probability that the Health and Human Service's "transitional" program (allowing non-compliant health plans to continue temporarily) actually caused a jump in his health care premiums.

Hospital Can't Revive Medicare Reimbursement Case, DC Circuit Rules

The D.C. Circuit dismissed the appeal by Canonsburg General Hospital (CGH) involving Medicare reimbursements. In the appeal, the hospital sought to have a 2001 decision reheard. The circuit court wasn't convinced.

This latest ruling against CGH is probably the most significant against the hospital because it essentially closes any future attempts to revive reimbursement claims for procedures "atypical in nature and scope."

Following the D.C. Circuit's decision on Friday, military tribunals will have a more difficult time prosecuting terrorists. The court threw out another charge brought against Ali Hamza al-Bahlul, a former assistant to Osama bin Laden.

For the past 13 years, al-Bahlul has been held in Guantanamo Bay. A number of criminal charges have been brought against him unsuccessfully. The latest charge, conspiracy, was knocked down by the D.C. Circuit for a simple reason: the international law of war doesn't recognize the offense of conspiracy.

The District of Columbia has some positions open for attorneys, so get your resumes ready. To start, the District of Columbia election for Attorney General has proven contentious with the public and politicians at odds about when the election should take place.

And in less controversial job hunting, the D.C. Court of Appeals has announced that the application period for the Criminal Justice Act Panel is now open.

Want to spend more time practicing, and less time advertising? Leave the marketing to the experts.

Today the District of Columbia Court of Appeals announced proposed changes to Circuit Rules 25, 26 and 32. These rules have been a long time coming, as they are designed to replace the requirements for Case Management / Electronic Case Files (CM/ECF) system, which were adopted by Administrative Order filed on May 15, 2009. The proposed rules would incorporate the CM/ECF requirements into existing Circuit Rules.

Here's a closer look at the changes.

D.C. Circuit Roundup: Conflict Minerals, Trolls, and Filibusted

It's been a busy and exciting week in the D.C. Circuit, with important decisions in a variety of cases, from conflict mineral disclosure regulations, to copyright trolls' jankety joinder, plus a failed attempt to "fix" the filibuster through the courts.

Ready for a surprisingly exciting D.C. Circuit roundup? Read on:

Benchslapped: Only Common Acronyms Accepted, Counselors

D.C. Circuit judges benchslapped the parties in Illinois Public Telecommunications Association v. FCC with an order to submit briefs that eliminate the uncommon acronyms used in their previously filed final briefs.

The judges directed their attention over to the D.C. Circuit's Handbook of Practices and Internal Procedures and a Notice Regarding Use of Acronyms, which provide as much specific guidance as the order does regarding what's acceptable.

D.C. Fed. Courts May Eliminate Reciprocity Rule

D.C. federal courts plan to formally propose new reciprocity rules that will allow any lawyer in good standing and admitted to practice law in his or her home state to be admitted to practice in our nation's capital.

Currently, the rules only grant admission to lawyers who are admitted in a state that has a federal district which has a reciprocal admission relationship with D.C. attorneys, according to the ABA Journal.

If the new rules are adopted, it means that lawyers planning to practice in the D.C. federal courts won't need to take the bar exam.

Appeal May Decide If D.C.'s Anti-SLAPP Law Applies to Fed Court

An appeal has been filed with the D.C. Circuit that may resolve whether D.C.'s anti-SLAPP statute can be used in federal court.

Yassar Abbas, a son of the Palestinian president, is appealing the D.C. District Court's dismissal of a libel suit he brought against the Foreign Policy Group and a Washington Post writer that was decided by applying D.C.'s anti-SLAPP statute.

Abbas' recently filed opening brief discusses several reasons why the statute was inappropriately used by the D.C. District Court.