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U.S. Court of Appeals for the District of Columbia Circuit Cases
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Ronald MITCHELL, Appellant v. FEDERAL BUREAU OF PRISONS, Appellee. , C.A.D.C., November 20, 2009
Appeal from the United States District Court for the District of Columbia (No. 05cv00512). Sara Kaiser, Student Counsel, argued the cause as amicus curiae in support of appellant. With her on the briefs were Steven H. Goldblatt, appointed by the court, Cecily Baskir and Charlotte Garden, Supervisory Attorneys, and James E. Burke, Tony Diab and Prashina Gagoomal, Student Counsel. Ronald Mitchell, pro se, filed briefs. Harry B. Roback, Assistant U.S. Attorney, argued the cause for appelle...
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Sarah CARR, et al., Appellees v. DISTRICT OF COLUMBIA, Appellant. , C.A.D.C., November 20, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:06-cv-00098-ESH). Stacy Anderson, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellant. With her on the briefs were Peter J. Nickles, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General. Daniel M. Schember argued the cause for appellees. With him on the brief were Susan B. Dunham, Arthur B. Spitzer, ...
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Scott TOOLEY, Appellant v. Janet Ann NAPOLITANO, Homeland Security Secretary, in her Official Capacity, et al., Appellees. , C.A.D.C., November 17, 2009
On Petition for Rehearing. Lori Alvino McGill, appointed by the court, argued the cause as amicus curiae in support of appellant. With her on the briefs were Richard P. Bress and Gabriel K. Bell, appointed by the court. Teal Luthy Miller, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Douglas N. Letter, Attorney. Opinion for the Court filed by Senior Circuit Judge WILLIAMS. WILLIAMS, Senior Circuit Judge: This is the second time w...
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Craig Allan WILLIAMS, Appellant v. R. MARTINEZ, Warden and Kenneth L. Wainstein, United States Attorney for the District of Columbia, Appellees. , C.A.D.C., November 13, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:08-cv-00971-ESH). William Hoffman, appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs was David L. Cousineau. Craig A. Williams, pro se, filed briefs for appellant. Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief was Roy W. McLeese III, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorn...
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Kevin R. SANFORD, Appellant v. UNITED STATES of America, Appellee. , C.A.D.C., November 13, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:07-cv-01792-RCL). Eugene R. Fidell argued the cause for appellant. With him on the briefs was Matthew S. Freedus. Doris Coles-Huff, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney. Alan Burch, Assistant U.S. Attorney, entered an appearance. Opinion for the Cour...
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Glenn KERSEY, Appellant v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee. , C.A.D.C., November 10, 2009
Holding: The Court of Appeals, Garland, Circuit Judge, held that settlement agreement providing that employee was not permitted to operate vehicles was not rescinded by employer, and thus employer's reliance on the agreement was not mere pretext for discrimination and retaliation, but rather was a reasonable, nondiscriminatory reason for its refusal to promote employee. Affirmed. Appeal from the United States District Court for the District of Columbia (No. 1:96-cv-02639-RWR). Eric L. Sie...
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UNITED STATES of America, Appellee v. Delonta A. REEVES, Appellant. , C.A.D.C., November 10, 2009
Appeal from the United States District Court for the District of Columbia (No. 06cr00114-01). Joseph R. Conte, appointed by the court, argued the cause and filed the brief for appellant. April E. Fearnley, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Assistant U.S. Attorney. Opinion for the court filed by Circuit Judge BROWN. Opinion concurring in part fi...
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CAMDEN COUNTY COUNCIL ON ECONOMIC OPPORTUNITY, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and Kathleen Sebelius, Secretary, United States Department of Health and Human Services, Appellees. , C.A.D.C., November 6, 2009
Holdings: The Court of Appeals, Kavanaugh, Circuit Judge, held that: (1) Department did not act arbitrarily and capriciously when it decided to terminate Head Start grant, and (2) Department provided adequate notice regarding need to address deficient conditions. Affirmed. Appeal from the United States District Court for the District of Columbia (Civ. No. 07-1835). Robert A. Graham argued the cause for appellant. With him on the briefs was Edward T. Waters. Robin Meriweather, ...
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UNITED STATES of America, Appellee v. Shechem LAFAYETTE, Appellant. , C.A.D.C., November 3, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:88-cr-00254-TFH-1). A.D. Martin, appointed by the court, argued the cause and filed the briefs for appellant. Peter S. Smith, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney. Opinion for the Court filed by Circuit Judge TATEL. TATEL, Circuit Judge: Unde...
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T STREET DEVELOPMENT, LLC, Appellant v. DEREJE AND DEREJE, et al., Appellees. , C.A.D.C., November 3, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-00524). Thomas F. Murphy argued the cause for appellant. With him on the briefs was Robert E. Greenberg. Emil Hirsch argued the cause for appellees. With him on the brief was Steven A. Pozefsky. Opinion for the Court filed by Circuit Judge TATEL. TATEL, Circuit Judge: This case involves a dispute over the purchase of real property in the District of Columbia. Appellant, the buyer, seeks to en...
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Frank A. SKINNER, Appellant v. UNITED STATES DEPARTMENT OF JUSTICE AND BUREAU OF PRISONS, Appellees. , C.A.D.C., October 27, 2009
Appeal from the United States District Court for the District of Columbia (No. 04cv01376). Yvonne M. Williams, appointed by the court, argued the cause as amicus curiae in support of appellant. With her on the brief was Anthony F. Shelley, appointed by the court. Frank A. Skinner, pro se, filed the briefs for appellant. W. Mark Nebeker, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, an...
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In The Matter of GREATER SOUTHEAST COMMUNITY HOSPITAL FOUNDATION, INC. Advantage Healthplan Inc. and Elliot R. Wolff, Appellants v. Patrick J. Potter et al., Appellees. , C.A.D.C., October 27, 2009
Holdings: The Court of Appeals, Karen LeCraft Henderson, Circuit Judge, held that: (1) striking objection was warranted, since president was not a licensed attorney authorized to practice before the Bankruptcy Court, and (2) president lacked prudential standing to appeal settlement approval order. Affirmed. Appeal from the United States District Court for the District of Columbia (No. 1:08-cv-00166-CKK). Opinion for the Court filed by Circuit Judge HENDERSON. KAREN LECRAFT HENDE...
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Kevin Charles FORD, Appellee v. John CAULFIELD and United States Parole Commission, Appellants. , C.A.D.C., October 23, 2009
Joseph William Koegel, Jr., Steptoe & Johnson LLP, Washington, DC, for Appellee. Roy W. McLeese, III, Esquire, Assistant U.S. Attorney, U.S. Attorney's Office, Washington, DC, for Appellants. ORDER Upon consideration of appellants' motion to dismiss the appeal, it is ORDERED that the motion be granted, and this case is hereby dismissed. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of...
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FEDERAL TRADE COMMISSION, Appellee v. Scott TARRIFF, et al., Appellants. , C.A.D.C., October 23, 2009
Appeal from the United States District Court for the District of Columbia (No. 1:08-mc-00217). Eric Grannon argued the cause for appellants. With him on the briefs was J. Mark Gidley. Christopher M. Curran entered an appearance. Lawrence DeMille-Wagman, Assistant General Counsel, Federal Trade Commission, argued the cause for appellee. With him on the briefs were Willard K. Tom, General Counsel, and John F. Daly, Deputy General Counsel. SENTELLE, Chief Judge: Scott Tarriff and othe...
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UNITED STATES of America, Appellee v. Jerome H. JONES, Appellant. , C.A.D.C., October 23, 2009
Holdings: The Court of Appeals, Rogers, Circuit Judge, held that: (1) officer had a reasonable suspicion to make Terry stop, and (2) defendant's actions during stop provided officer with probable cause to arrest defendant. Affirmed. Appeal from the United States District Court for the District of Columbia, (No. 05cr00441-01). Dennis M. Hart, appointed by the court, argued the cause and filed the brief for appellant. Leslie A. Gerardo, Assistant U.S. Attorney, argued the cause ...
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CSX TRANSPORTATION, INC., Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents American Chemistry Council, et al., Intervenors. , C.A.D.C., October 23, 2009
Opinion for the Court filed by Circuit Judge TATEL. On Petition for Rehearing TATEL, Circuit Judge: This petition for rehearing asks that we reconsider one aspect of our earlier opinion denying petitions for review of a Surface Transportation Board regulation that provides two simplified methods for resolving rail rate disputes too small to bring under ordinary procedures. As part of its challenge to the regulation, Petitioner Norfolk Southern argued that in violation of the Administrat...
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