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| Nzongola v. McGuire, No. 05-5251,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 2, 2006, Filed
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| Arrington v. United States, No. 05-5263,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Filed
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| Casino Airlines, Inc. v. NTSB, No. 04-1381,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Decided
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Overview: NTSB permissibly concluded that there were no material issues of fact and affirmed the revocation of an operating certificate because the air carrier did not respond after the FAA filed a summary judgment motion and attached affidavits declaring that the carrier did not have the required economic authority and was not employing a chief inspector.
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| In re Grand Jury Subpoena (Miller), No. 04-3138, Consolidated with 04-3139, 04-3140,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Argued , February 3, 2006, Decided
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Overview: Where eight pages of an opinion were sealed to preserve grand jury secrecy regarding the public exposure of a covert CIA agent's identity, certain portions were unsealed under D.C. Cir. R. 47.1(c) and Fed. R. Crim. P. 6(e) because the grand jury matters were confirmed in the indictment or widely reported.
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| In re Madison Guar. S&L, Division No. 94-1,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Filed
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Overview: Request for attorneys' fees under 28 U.S.C.S. § 593(f) was denied because a campaign manager was unable to show that the fees would not have been incurred "but for" the requirements of the Ethics in Government Act of 1978, 28 U.S.C.S. § 591 et seq., since an investigation would have been conducted by another agency in the same manner.
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| Lutkewitte v. Gonzales, No. 04-5058,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Decided
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Overview: In case filed under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., a district court did not err by failing to instruct the jury regarding an employer's liability based on a tangible employment action; inter alia, the employee did not condition her continued employment on her acquiescence to a supervisor's sexual overtures.
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| Nat'l Ass'n of Home Builders v. United States Army Corps of Eng'rs, No. 04-5221, No. 04-5222, No. 04-5223 & 04-5224,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Decided
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Overview: Challenge to regulations promulgated in connection with 33 U.S.C.S. § 1344 was improperly dismissed based on a lack of ripeness because the legality of the challenged features relating to dredging and incidental fallback under 33 C.F.R. § 323.2 and 40 C.F.R. 232.2 would not have changed from case to case or become clearer in a concrete setting.
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| Rodriguez v. P.R. Fed. Affairs Admin., No. 05-7029,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Decided
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Overview: As U.S. Supreme Court precedent barred suits against States under 29 U.S.C.S. § 216(b) of Fair Labor Standards Act, and there was no indication that Congress intended to treat Puerto Rico differently than States with respect to private § 216(b) suits, court should have dismissed employee's suit against Puerto Rico Federal Affairs Administration.
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| United States v. Booker, No. 04-3152,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 3, 2006, Decided
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Overview: Testimony drug dealers had "motive"--defense of themselves and drug stashes--to carry guns, and proximity of gun and drugs suggesting they were stashed by same person, as part of common drug enterprise, provided evidence to support verdict defendant constructively possessed handgun. Resentencing was ordered as trial court applied USSG as mandatory.
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