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

July 2012 Archives

D.C. Circuit Upholds RICO Penalties for Cigarette Companies

The D.C. Circuit Court of Appeals has made a decision on the RICO case involving cigarette makers. The big cigarette companies aren’t smiling about this one.

In April, we brought you details on the oral arguments in the U.S. v. Philip Morris USA Inc case.

D.C. Circuit Discusses Proper Service of Foreign Royals

What happens if you file suit against foreign royals? How is process served?

The D.C. Circuit Court of Appeals ruled in favor of a Brooklyn artist who brought suit against the Saudi royal family for breach of contract. The artist, Elli Bern Angellino, sued 16 members of the Al-Saud royal family for $12 million for failing to pay him for artwork they allegedly commissioned.

Airlines Argue Losing Battle Against Consumer Protection Rules

We all complain about the practices of the airline industry. Last year, the Department of Transportation heard our complaints. They enacted a rule named Enhancing Airline Passenger Protections.

The rule was enacted to fight deceptive and unfair practices by the airline industry. Of course, the airlines decided to fight this rule. Spirit Airlines challenged the rule, with Southwest Airlines intervening. Recently, the case went before the D.C. Circuit Court of Appeals.

Court Shoots Down Arguments Against EPA Regulations

The D.C. Circuit Court of Appeals ruled in favor of the Environmental Protection Agency this week, reports BNA Bloomberg.

The court’s ruling upheld the EPA’s air quality standard for nitrogen dioxide and rebuffed the industry petitioners’ contentions that the EPA’s standard came about through a flawed process.

One Year Later and No Hearings on TSA Body Scanners

The Transportation Security Administration’s “nude” body scanners aren’t facing much resistance from the D.C. Circuit Court of Appeals.

It’s been exactly one year since the D.C. Circuit told TSA to act promptly and hold public hearings on the nude body scanners, reports Wired.

But after one year, there have been no public hearings and no regulations adopted on the use of the scanners.

DC Circuit Rules for NLRB on Removal of Employee Bonus Plan

The D.C. Circuit Court of Appeals ruled on favor of the National Labor Relations Board, finding that Chevron Mining Inc. violated the National Labor Relations Act when it amended a bonus plan to penalize employees for work stoppages.

Chevron Mining’s collective bargaining agreement had provisions for “memorial periods,” which were essentially unpaid work stoppages. Under the collective bargaining agreement, strikes were prohibited. As a result, the union called six “memorial period” work stoppages at one mine in 2004 in an effort to pressure the employer.

D.C. Circuit Declares Copyright Royalty Board Unconstitutional

The Copyright Royalty Board’s composition is unconstitutional, says the D.C. Circuit Court of Appeals.

The D.C. Circuit’s opinion came out last Friday and found the board, which consists of three judges, to be in violation of the Appointments Clause of the Constitution, reports Thomson Reuters News & Insight.

Small Win for Chevron v Patton Boggs in Ecuador Litigation

The Chevron Ecuadorean litigation is full of drama. We’ve discussed the case in earlier posts, and here’s another case that stems from the Chevron situation.

The D.C. Circuit Court of Appeals recently affirmed a district court’s denial of declaratory judgment in favor of Patton Boggs, LLP in the litigation.