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   Federal Courts - DC Circuit Court and Court of Appeals - April 20 - April 23, 2007

  
Am. Orient Express Ry. Co., LLC v. Surface Transp. Bd., No. 06-1077, Consolidated with 06-1080, No. 06-1203, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Decided
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Overview: An excursion company's petition was denied because the Surface Transportation Board correctly found that the company was subject to its jurisdiction, and the Railroad Retirement Board correctly found that the company was liable for contributions under the Railroad Retirement Act and the Railroad Unemployment Insurance Act.

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Conn. Dep't of Pub. Util. Control v. FERC, No. 05-1411, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Decided
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Overview: A petition for review was granted, and the matter was remanded to FERC because FERC abandoned its earlier basis for authority and argued, on appeal, that § 201 of the Federal Power Act permitted it to regulate generation resource adequacy because of its effect on interstate electricity transmission.

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Majano v. United States, No. 05-5200, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Filed
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Plotzker v. Am. Bd. of Urology, No. 06-7197, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Filed
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Overview: The motions for summary affirmance filed by a university and a medical board were granted because the merits of the parties' positions were so clear as to warrant summary action; a district court did not abuse its discretion in denying a doctor's third Fed. R. Civ. P. 60(b) motion.

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Plotzker v. Am. Bd. of Urology, No. 06-7197, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Filed
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United States v. Bras, No. 05-3190, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Decided
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Overview: The 37-month sentence of a company supervisor who led a conspiracy to defraud the District of Columbia by falsifying costs of supplying asphalt by bribing District employees was upheld; defendant's offense level was properly increased under USSG § 3B1.1(a) because, although he did not originate the conspiracy, it flourished under his leadership.

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Whitehead v. Warner Bros., Inc., No. 00-7163, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 20, 2007, Filed
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Abdulzaher v. Gates, No. 07-1031, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 23, 2007, Filed
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United States v. Makkar, No. 07-3020, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 23, 2007, Filed
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Zalita v. Bush, No. 07-5129, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 23, 2007, Filed
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