United States Court…

United States Court of Appeals for the District of Columbia Circuit

Every decision we've summarized from United States Court of Appeals for the District of Columbia Circuit.

Jun 26 2024
24-5025 Panel Decision

Crum v. United States

The D.C. Circuit dismissed a petition for a writ of mandamus, holding that the All Writs Act does not grant jurisdiction to intervene in a closed case where the appellate court lacks authority to review the underlying state court decisions. The court further affirmed the district court's denial of leave to file new documents, ruling that the lower court did not abuse its discretion in managing its docket.

Administrative / Agency Review Civil
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Jun 21 2024
23-1044 Panel Decision

JOHN DOE v. SECURITIES AND EXCHANGE COMMISSION

The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.

Civil Immigration (Civil) Securities
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Jun 14 2024
22-3068 Panel Decision

United States v. Lutamila

The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.

Criminal Fraud Guidelines Departure Sentencing Guidelines
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Jun 5 2024
24-5023 Panel Decision

JBG Smith Properties, LP First Residences v. Powell

The D.C. Circuit dismissed an appeal challenging a district court order remanding a landlord-tenant dispute to state court because the appellant failed to establish appellate jurisdiction. The court held that the statutory exception allowing review of such remand orders applies only when removal was originally based on federal officer or civil rights statutes, which were not invoked here.

Appellate Jurisdiction Civil Contract
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Jun 4 2024
23-1239 Panel Decision

TRENTON PALMER v. FEDERAL AVIATION ADMINISTRATION, ADMINISTRATOR AND NATIONAL TRANSPORTATION SAFETY BOARD

The D.C. Circuit denied a petition for review of an NTSB order affirming a pilot's violation of federal aviation regulations for flying below minimum safe altitudes. The court rejected the pilot's arguments regarding alleged ALJ errors, insufficient notice in the complaint, and a request to overrule prior precedent on sanction deference.

Civil Immigration (Civil)
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May 10 2024
22-3086 Panel Decision

UNITED STATES OF AMERICA v. STEPHEN K. BANNON

The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.

Criminal Other Criminal
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May 10 2024
22-5150 Panel Decision

Maria Esparraguera v. Department of the Army, et al.

The D.C. Circuit reversed the district court's dismissal of a federal employee's due process claim, holding that career appointees in the Senior Executive Service possess a protected property interest in their tenure after completing their probationary period. The court reasoned that because the Civil Service Reform Act limits removals to specific causes for tenured SES employees, they are entitled to constitutional procedural protections before being removed.

Civil Labor
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Apr 30 2024
22-1101 Panel Decision

Alabama Municipal Distributors Group v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions challenging the Federal Energy Regulatory Commission's certification of the Evangeline Pass Expansion Project, ruling that the agency reasonably applied the National Environmental Policy Act. The court also upheld FERC's decision to deny windfall profit credits to existing pipeline customers who would not use the new capacity.

Administrative / Agency Review Civil
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