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   Federal Courts - DC Circuit Court and Court of Appeals - January 20, 2006

  
Commodity Carriers, Inc. v. Fed. Motor Carrier Safety Admin., No. 04-1286, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Decided
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Overview: 49 C.F.R. § 395.8(k)(1) required carriers to maintain supporting materials for each employed driver, defined in 49 C.F.R. § 390.5 to include an independent commercial motor vehicle contractor, and thus, a carrier's "conditional" safety rating by the Federal Motor Carrier Safety Administration was upheld for not keeping owner/operator toll receipts.

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Detroit Newspaper Agency v. NLRB, No. 04-1366, Consolidated with 04-1403, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Decided
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Overview: Evidence was insufficient to support finding protected conduct was motivating factor in termination; there was, inter alia, problem with NLRB's disparate treatment rationale, as it came under examination of whether employee would have been fired despite protected conduct, rather than one dealing whether protected conduct was motivating factor.

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Fed. Express Corp. v. DOT, No. 04-1436, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Decided
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Overview: The Department of Transportation could reasonably assume that an air cargo carrier's efforts to reduce costs were attributable to changed expectations of revenues after the September 11, 2001, terrorist attacks and thus, the Air Transportation Safety and System Stabilization Act's cost savings rule of 14 C.F.R. § 330.39(b) (2005) was upheld.

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Phillips v. United States Atty. for the Dist. of Columbia, No. 05-5195, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Filed
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Schuchart v. La Taberna Del Alabardero, Inc., No. 03-7105, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Filed
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United States v. Stewart, No. 05-3211, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Filed
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United States v. Tolliver, No. 05-3178, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 20, 2006, Filed
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