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   Federal Courts - DC Circuit Court and Court of Appeals - March 20 - March 22, 2007

  
BP Exploration (Alaska) Inc. v. FERC, No. 06-1153 Consolidated with 06-1166, 06-1176, 06-1177, 06-1183, 06-1187, 06-1210, 06-1271, 06-1280, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Filed
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Entergy Servs. v. FERC, No. 05-1238 Consolidated with 05-1293, 05-1437, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Filed
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Overview: Because the court's decision in National Association of Regulatory Utility Commissioners (NARUC) v. FERC rejected all of the arguments raised by various public utilities, including a challenge to FERC's application of its "At or Beyond" rule, the court denied the utilities' petitions for review.

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Flynn v. Dick Corp., No. 05-7187, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Decided
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Overview: District court's summary judgment in construction company's favor was reversed because ERISA contributions sought by pension fund under 29 U.S.C.S. § 1145 were valid under the LMRA; case was remanded for additional proceedings, including a determination of applicability of Florida CBA at company's Florida job sites and appropriate award of damages.

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Francotyp-Postalia v. United States Postal Serv., No. 07-5085, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Filed
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United States v. Curtis, No. 06-3047, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Decided
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Overview: The judgment of the district court was affirmed because evidence of defendant's prior bad acts did not have to be excluded under Fed. R. Evid. 403, and the district correctly found that defendant was a career criminal since his prior conviction for violating N.J. Stat. Ann. § 2C:34-1(b)(3) was a crime of violence.

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United States v. Hayes, No. 04-3173, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Filed
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Wilburn v. Robinson, No. 05-7110, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 20, 2007, Decided
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Overview: Where a public employee claimed that she was not selected for a position in retaliation for criticizing her government employer, the employee's First Amendment claim failed because the employee did not speak as a citizen when she alleged that the denial of salary requests for certain job candidates was motivated by racial and gender discrimination.

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Bennett v. Stotler, No. 06-5319, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 22, 2007, Filed
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Kiyemba v. Bush, No. 05-5487 Consolidated with 05-5488, et al., UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 22, 2007, Filed
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Overview: A motion to dismiss the appeals of three non-enemy combatant detainees was granted since the detainees had been transferred to other countries and released from U.S. custody. The remaining cases, involving nine enemy combatants, who remained in Guantanamo Bay, Cuba were dismissed for lack of subject matter jurisdiction.

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