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   Federal Courts - DC Circuit Court and Court of Appeals - May 25 - May 26, 2006

  
Jordan v. Gutierrez, No. 05-5381, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 25, 2006, Filed
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KLLM, Inc. v. Fed. Motor Carrier Safety Admin., No. 06-1152, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 25, 2006, Filed
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United States v. Edwards, No. 04-3038, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 25, 2006, Filed
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United States v. Howard, No. 04-3054, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 25, 2006, Filed
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United States v. Kosh, No. 05-3077, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 25, 2006, Filed
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Overview: District court did not err in imposing 18-month term of imprisonment after revoking defendant's supervised release under 18 U.S.C.S. § 3583(g) because 18 U.S.C.S. § 3582(a) did not plainly apply to 18 U.S.C.S. § 3583(g) and sentencing court could consider rehabilitation when imposing term of imprisonment upon revocation of supervised release.

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AT&T Corp. v. FCC, No. 05-1171, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 26, 2006, Decided
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Overview: FCC's rulings allowing local exchange carriers exogenous rate-making treatment of post-retirement benefits other than pensions were not arbitrary and capricious under Administrative Procedure Act because the Commission's interpretation of its treatment of costs as beyond the carriers' control due to accounting changes was consistent with precedent.

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Frontier Pipeline Co. v. FERC, No. 04-1343 Consolidated with 04-1344 and 04-1349, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 26, 2006, Decided
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Overview: FERC improperly required crude oil carriers to pay shippers reparations for excessive rates because FERC should have determined the reasonableness of joint rate under 49 U.S.C.S. app. § 1(5) by assessing it as a whole rather than simply by reference to one segment where it made no effort to explain how local rates were more suitable than divisions.

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Lindsay v. Gov't Emples. Ins. Co., No. 05-7046, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 26, 2006, Decided
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Overview: District court improperly denied Fed. R. Civ. P. 23 class certification as to overtime "opt-out" claims under New York Minimum Wage Act for employees who did not affirmatively join FLSA claim because 29 U.S.C.S. § 216(b) did not preclude exercise of supplemental jurisdiction under 28 U.S.C.S. § 1367(a) where both claims formed common nucleus.

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