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| Am. Council on Educ. v. FCC, No. 05-1404, Consolidated with 05-1408, 05-1438, 05-1451, 05-1453,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Decided
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Overview: FCC reasonably determined under 47 U.S.C.S. § 1001(8)(B)(ii) that providers of broadband Internet access and voice over Internet protocol services were "telecommunications providers" subject to the Communications Assistance for Law Enforcement Act to the extent that those services replaced local telephone exchange functions.
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| Brown v. Bush, No. 05-5327,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Filed
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Overview: Court denied the inmate's motion for leave to proceed on appeal in forma pauperis under 28 U.S.C.S. § 1915(g) because he had, while incarcerated, filed at least three civil actions or appeals that were dismissed as frivolous, malicious, or for failure to state a claim and he made no allegation of imminent danger.
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| Consol. Edison Co. v. Bodman, No. 05-5302,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Decided
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Overview: Emergency Petroleum Allocation Act complaint was properly dismissed for issue preclusion because the rights of states and non-DOE parts of the federal government, their departments and agencies, were eligible to obtain reimbursement from reserve fund set aside for overcharges for crude oil where those entities did not waive right to reimbursement.
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| Gonzalez-Vera v. Kissinger, No. 05-5017,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Decided
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Overview: While the district court's dismissal of the individuals' Alien Tort Statute and Torture Victim Protection Act claims arising from actions taken to support the Pinochet regime in Chile was affirmed, the appellate court dismissed the claims because they presented nonjusticiable claims under the political question doctrine.
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| In re Kempthorne, No. 03-5288,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Decided
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Overview: The Secretary of the U.S. Department of the Interior's motion petition for a writ of mandamus was granted, and three reports prepared by a Special Master and filed with the district court were suppressed because the Special Master should have recused himself pursuant to 28 U.S.C.S. § 455(a) since his impartiality had been placed in question.
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| Roth v. King, No. 05-7060, Consolidated with 05-7061, et al.,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 9, 2006, Decided
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Overview: Creation of panels of lawyers who were eligible for appointment as counsel for indigent parties in family court matters did not violate the rights under the Fifth Amendment Due Process and Takings Clauses of family law attorneys, as the attorneys had no protected property interest in compensated appointments.
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