Every decision we've summarized from United States Court of Appeals for the District of Columbia Circuit.
The D.C. Circuit affirmed the denial of a motion to vacate a 2008 FOIA judgment, ruling that the movant failed to prove fraud on the court by clear and convincing evidence. The court also upheld the lower court's decision to treat the motion as untimely under Federal Rule of Civil Procedure 60(b)(3).
The D.C. Circuit affirmed that the Foreign Sovereign Immunities Act permits U.S. courts to enforce arbitral awards against the Russian Federation for the expropriation of Ukrainian assets in Crimea. The court held that Russia's waiver of immunity under the New York Convention and the FSIA's arbitration exception precludes its immunity defense, even absent direct commercial contacts with the United States.
The D.C. Circuit affirmed the dismissal of a suit seeking recognition of a Jordanian judgment against Iraq, holding that the Foreign Sovereign Immunities Act provides the sole basis for jurisdiction over foreign states. The court found that neither an explicit waiver nor the commercial activity exception applied to the underlying debt dispute.
The D.C. Circuit affirmed that regional centers participating in the EB-5 visa program must pay the annual Integrity Fund fee, regardless of whether they were designated before the 2022 statutory overhaul. The court held that the statutory term 'designated' describes a current status of authorization rather than the specific historical moment of designation.
The D.C. Circuit affirmed the Federal Energy Regulatory Commission's approval of a PJM tariff amendment ending Energy Efficient Resources' eligibility for capacity auctions. The court held that the amendment was prospective and did not violate the filed-rate doctrine, even though it divested Affirmed Energy of rights to bid in future auctions.
The D.C. Circuit affirmed the district court's dismissal of a civil rights claim against a judge, ruling that the appellant forfeited jurisdictional challenges by failing to raise them on appeal. The court further held that the judge was protected by absolute judicial immunity from the claims brought against her.
The D.C. Circuit affirmed the district court's denial of a motion to unseal Stored Communications Act non-disclosure applications, ruling that grand jury secrecy rules displace common law and First Amendment access rights. The court remanded the case for the district court to consider whether to allow an amendment to the motion to unseal in light of a new Department of Justice Office of Inspector General report.
The D.C. Circuit affirmed the district court's denial of a prisoner's motion for free case files, ruling that the argument was waived because it was not raised in the lower court. The court clarified that while there is no constitutional right to free transcripts for preparing § 2255 motions, statutory avenues remain available for indigent prisoners.
The D.C. Circuit affirmed the dismissal of Major Andrew Dudt from an Army training course, ruling that the Army Board for Correction of Military Records acted within its authority. The court held that any procedural deficiencies in the Board's decision were harmless given the overwhelming evidence of Dudt's failure to meet operational standards.
The D.C. Circuit affirmed the district court's dismissal of the appellant's complaint, ruling that the appellant forfeited challenges to personal jurisdiction and venue by failing to properly raise them in his opening brief. The court also denied the motion for appointment of counsel and dismissed the motion to compel as moot.