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| Nat'l Weather Serv. Emples. Org. v. Fed. Labor Rels. Auth., No. 05-1397,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 7, 2007, Filed
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| Util. Air Regulatory Group v. EPA, No. 05-1353 Consolidated with 05-1354, 05-1357,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 7, 2007, Filed
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| Colbert v. Potter, No. 05-5330,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 8, 2007, Decided
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| Gaviria v. Reynolds, No. 05-7010,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: Where a patient asserted medical malpractice claims, it was not an abuse of discretion to refuse to appoint replacement counsel under 28 U.S.C.S. § 1915 and D.D.C. Civ. R. 83.11, because his claims were fleshed out with the assistance of initially appointed counsel and mediation counsel and he was not able to establish that he had jaw problems.
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| In re Grand Jury, No. 05-3126,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: In grand jury investigation of corporation's political activities, conversations that corporate executive had with personal attorney and corporate counsel were not shielded from disclosure; there was evidence that board meeting minutes were intentionally backdated to mislead DOJ, and thus, crime-fraud exception to attorney-client privilege applied.
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| Kennecott Greens Creek Mining Co. v. MSHA, No. 01-1046, Consolidated with 01-1124, 01-1146, 05-1255, 05-1291, 05-1296, 05-1312, 05-1314, 06-1184, 06-1194, 06-1204, 06-1205, 06-1223, 06-1225,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: The Federal Mine Safety and Health Administration's (MSHA's) final standards for regulating diesel particulate matter in underground metal and nonmetal mines were reasonable and feasible under the Mine Act, 30 U.S.C.S. § 811(a) because MSHA had examined the relevant data, which showed a risk of health impairment for miners regularly exposed.
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| Omar v. Harvey, No. 06-5126,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: A federal district court had habeas corpus jurisdiction to decide whether the Fifth Amendment due process rights of an American citizen captured and detained in Iraq by U.S. military forces operating as part of a multinational force were infringed by transfer to Iraqi custody; the political question doctrine did not pose a bar to justiciability.
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| San Manuel Indian Bingo & Casino v. NLRB, No. 05-1392, Consolidated with 05-1432,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: Where the NLRB found that a tribe and its casino engaged in an unfair labor practice, the application of the NLRA was upheld because application of the NLRA to the casino would not significantly impair tribal sovereignty, and the NLRB's decision as to the scope of the term "employer" in the NLRA constituted a permissible construction.
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| Valdes v. United States, No. 03-3066,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 9, 2007, Decided
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Overview: Where defendant, a police detective, was paid for retrieving information from a computer database, the evidence was insufficient to convict him of receipt of an illegal gratuity under 18 U.S.C.S. § 201(c)(1)(B) because, inter alia, the payments were not for any decision or action on any question, matter, cause, suit, proceeding, or controversy.
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