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   Federal Courts - DC Circuit Court and Court of Appeals - January 17, 2006

  
Belizan v. Hershon, No. 04-7187 Consolidated with 04-7188, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2006, Decided
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Overview: Although an investor failed to make a proper written motion to amend in a securities fraud case, her action should not have been dismissed with prejudice because such was not required under the Private Securities Litigation Reform Act of 1995, 15 U.S.C.S. § 78u-4 et seq., and there was not an adequate explanation for the decision.

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Negley v. FBI, No. 04-5348, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2006, Filed
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Overview: In action to obtain information under FOIA, trial court erroneously applied doctrine of res judicata as two suits did not share same nucleus of facts; prior action involved records in Sacramento, but not those in San Francisco, and also involved a different time period. FBI's affidavit was not sufficient to demonstrate the adequacy of its search.

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United States v. Dorcely, No. 05-3130, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2006, Filed
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Village of Bensenville v. FAA, No. 05-1383, 05-1456, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2006, Filed
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Wilderness Soc'y v. Norton, No. 05-5032, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 17, 2006, Decided
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Overview: The Wilderness Society (TWS) lacked standing as to statutory claims against National Park Service (NPS), as it failed to establish redressability; order requiring NPS to forward recommendations to President would not redress TWS's injuries since no legal consequences flowed therefrom. NPS policies were not binding rules enforceable against agency.

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