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| AFGE, AFL-CIO, Local 446 v. Nicholson, No. 05-5365,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Decided
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Overview: A federal district court erred in dismissing for lack of 28 U.S.C.S. § 1331 jurisdiction a union's suit seeking, under a CBA, back pay for VA operating room nurses, but VA reasonably determined that construction of term "tour of duty" in 38 U.S.C.S. § 7453 rendered the dispute not subject to arbitration of grievances under 38 U.S.C.S. § 7422(d).
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| Majano v. United States, No. 05-5200,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Filed
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| Perles v. Kagy, No. 05-7076, Consolidated with 05-7077, et al.,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Decided
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Overview: Appellee attorney was not entitled to one-third of fees appellant attorney received in two wrongful death suits; appellant and appellee's contemplation of a written agreement, their conduct after allegedly entering into oral agreement, and the large sums involved indicated that they had not intended to enter into an enforceable oral agreement.
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| Public Util. Dist. No. 1 v. FERC, No. 06-1387 Consolidated with 06-1389,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Filed
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Overview: A public utility district's motion for a stay pending appeal of conditions set forth in a U.S. Department of Interior Fish and Wildlife Service's licensing order was granted because it satisfied the stringent standards required for a stay pending court review.
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| United States v. Brown, No. 04-3084,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Filed
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| United States v. Spinner, No. 05-3160,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Decided
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Overview: Where police, without consent and based on defendant's nervousness, searched console of defendant's car, evidence of a handgun found therein was not admissible because search violated defendant's U.S. Const. amend. IV rights; search was not based on reasonable suspicion, as mere nervousness did not justify inference that he was armed and dangerous.
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| Westar Energy, Inc. v. FERC, No. 05-1193,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Decided
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Overview: FERC acted arbitrarily and capriciously in denying energy corporation's request for leave to file corrected transmission data after deadline where FERC allowed utility company to do so under similar circumstances; that utility company's errors were found in audit and energy corporation's errors were not did not justify the different treatment.
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| Wolf v. CIA, Nos. 05-5394 and 06-5072,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 16, 2007, Decided
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Overview: An historian was entitled to a FOIA disclosure of the existence of records about an assassinated Colombian politician because the "specific information at issue" was the records' existence vel non and the CIA director officially acknowledged their existence in 1948 by reading to Congress dispatch excerpts on disturbances after the assassination.
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| McDermott v. Gonzales, No. 06-5274,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2007, Filed
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