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| Citizens for Responsibility & Ethics in Wash. v. FEC, No. 06-5014,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Decided
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Overview: In a case brought pursuant to 2 U.S.C.S. § 437g(a)(8)(A), a district court's entry of summary judgment in favor of the Federal Election Commission was affirmed because the appellate court agreed with the district court's determination that an advocacy group lacked standing since it suffered no injury in fact.
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| Doe v. Exxon Mobil Corp., No. 05-7162,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Decided
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Overview: A federal appellate court lacked jurisdiction over an interlocutory appeal of a district court's denial of an American oil company's motion to dismiss tort claims filed by Indonesian villagers on political question grounds because the denial was not immediately appealable under 28 U.S.C.S. § 1291 or the collateral order doctrine.
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| In re Coulthrust, No. 06-5280,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Filed
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| In re Hearn, No. 06-5240,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Filed
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Overview: Prisoner's petition for writ of mandamus was denied because there was no abuse of discretion in transferring his case to judicial district where he was incarcerated at the time he filed his complaint. Even if his complaint alleged a FOIA claim, the transfer was to a proper venue under 5 U.S.C.S. § 552(a)(4)(B), and was not an abuse of discretion.
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| Keyspan-Ravenswood, LLC v. FERC, No. 05-1332,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Decided
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Overview: An independent state electric system operator violated the Federal Power Act, 16 U.S.C.S. § 824d(c), (d), and 18 C.F.R. § 35.1(a) by failing to file its new method of calculating electric capacity options with FERC prior to implementing the change in 2002, causing a shortfall in the state's electricity reserve margin and overcharging a retailer.
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| Marjam Supply Co. v. NLRB, No. 06-1070 Consolidated with 06-1109,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Filed
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Overview: Employer violated 29 U.S.C.S. § 158(a)(1), (5) in refusing to bargain with union; union, which represented employer's truck drivers, was an "appropriate" bargaining unit and did not have to include mechanics because their job functions and wages were different than drivers' job functions and wages and drivers and mechanics rarely worked together.
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| Nat'l Ass'n of Regulatory Util. Comm'rs v. FERC, No. 04-1148, Consolidated with 04-1149, 04-1152, 05-1050, 05-1292,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Decided
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Overview: FERC Order Nos. 2003, 2003-A, 2003-B, and 2003-C were upheld because they did not represent an unlawful exercise of jurisdiction, they did not commandeer the states' eminent domain authority, they did not depart from FERC precedent without explanation, and the policy decisions were not arbitrary and capricious.
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| United States v. Henry, No. 04-3076, No. 04-3116,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Decided
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Overview: Defendants' claim that district court erred in admitting expert testimony based on hearsay could not be reviewed on appeal after resentencing; defendants did not raise issue in their direct appeal and failed to show any exceptional circumstance to exempt them from waiver, as intervening case law concerning hearsay did not involve Fed. R. Evid. 703.
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| United States v. Jackson, No. 06-3126,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 12, 2007, Filed
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