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.

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.

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.

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.

Apr 26 2024
24-7078 Panel Decision

Walton v. First Merchants Bank

The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.

Dec 29 2023
22-7154 Panel Decision

CAMEROON WHITERU v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

The D.C. Circuit certified a critical question of District of Columbia tort law to the D.C. Court of Appeals regarding whether a passenger who involuntarily falls from a platform ledge becomes a trespasser. Because no controlling precedent exists to determine the transit authority's duty of care in this specific scenario, the case is remanded pending the higher court's decision.

Oct 20 2023
22-3062 Panel Decision

UNITED STATES OF AMERICA v. THOMAS ROBERTSON

The D.C. Circuit affirmed Thomas Robertson's conviction for obstructing the Electoral College vote certification, ruling that his participation in the January 6 riot constituted acting "corruptly" through independently felonious means. The court further rejected Robertson's sentencing challenges, upholding an 87-month prison term based on the substantial interference caused to the administration of justice.