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

  
Al Odah v. United States, No. 05-5117 Consolidated with 05-5118, 05-5119, 05-5120, 05-5121, 05-5122, 05-5123, 05-5124, 05-5125, 05-5126, 05-5127, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Filed
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Boumediene v. Bush, No. 05-5062 Consolidated with 05-5063, No. 05-5064 Consolidated with 05-5095, 05-5096, 05-5097, 05-5098, 05-5099, 05-5100, 05-5101, 05-5102, 05-5103, 05-5104, 05-5105, 05-5106, 05-5107, 05-5108, 05-5109, 05-5110, 05-5111, 05-5112, 05-5113, 05-5114, 05-5115, 05-5116, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Filed
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Chappell-Johnson v. Powell, No. 04-5426, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Decided
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Overview: Summary judgment in favor of employer against the employee's Title VII and ADEA claims was reversed. Given the flexible nature of the prima facie burden for age and racial discrimination cases, the employee could, depending upon what she uncovered during discovery, have been able to prevail even if the employer never filled the position she sought.

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Demos v. Comm'r, No. 05-1324, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Filed
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Overview: Because the inmate, wile incarcerated, had filed at least three civil actions or appeals that were dismissed as frivolous, malicious, or for failure to state a claim, in his suit against the Commissioner of the Internal Revenue Service, under 28 U.S.C.S. § 1915(g) he had to show cause as to why he should be allowed to proceed in forma pauperis.

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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, March 17, 2006, Filed
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Overview: Petition for reimbursement of attorneys' fees incurred under 28 U.S.C.S. § 593(f)(1) of the Ethics in Government Act of 1978 was denied because petitioner failed to show which part of a flat fee paid to his attorney was applied after an independent counsel was appointed or that fees would not have been incurred but for the requirements of the Act.

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Johnson v. Quander, No. 05-5156, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Decided
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Overview: The district court's dismissal of a former probationer's action seeking to enjoin the application of the DNA Analysis Backlog Elimination Act of 2000 was affirmed because the collection of his DNA did not violate the Fourth Amendment, and D.C. Code § 22-4151 did not violate the Ex Post Facto Clause.

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Mistick PBT v. Chao, No. 04-5340, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Decided
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Overview: Though DOL's application of conformance regulations in 29 C.F.R. § 5.5(a)(1)(ii)(A)(3) was subject to judicial review under APA, DOL did not act arbitrarily in setting wages for power equipment operators at rate set for bulldozer operators as agency precedent was that these operators had unique skill sets, making them different from other workers.

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New York v. EPA, No. 03-1380 Consolidated with Nos. 03-1381, 03-1383, 03-1390, 03-1402, 03-1453, 03-1454, 04-1029, 04-1035, 04-1064, 05-1234, 05-1287, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 17, 2006, Decided
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Overview: EPA's equipment replacement provision, 40 C.F.R. § 52.21(cc), violated 42 U.S.C.S. § 7411(a)(4) of the Clean Air Act as it was contrary to Congress's limitation directing that only changes that increased emissions triggered new source review (NSR) and it allowed equipment replacements resulting in non-de minimis emission increases to avoid NSR.

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