The D.C. Circuit issued only one opinion last week: Brotherhood of Railroad Signalmen v. National Railroad Passenger Corp. In 2017, the Brotherhood of Railroad Signalmen (“the Union”) filed a complaint in federal district court arguing that Amtrak had violated their collective bargaining agreement by refusing to say that it would use Union-represented workers in a […]
The D.C. Circuit’s internal August 15 deadline for circulating opinions has come and gone, and the pace of opinions has started to slow. The court issued six opinions last week, only four of which involve administrative law. And it was a mixed bag for the agencies, as the court vacated multiple agency actions and regulations. […]
In the first week of July, the D.C. Circuit issued five administrative-law opinions. First, in Evergreen Shipping Agency (America) Corp. v. Federal Maritime Commission, the court vacated an order that involved late fees for borrowed shipping containers. In April 2020, an ocean carrier (Evergreen) gave several loaded shipping containers to a trucking company (TCW) at […]
The D.C. Circuit published one administrative-law opinion last week: Novartis Pharmaceuticals Corp. v. Johnson. Section 340B of the Public Health Service Act requires drug manufacturers to sell certain drugs to certain healthcare providers at a steep discount. Many of these providers contract with pharmacies to help distribute the discounted drugs to their patients. But those […]
During the week of January 15, the D.C. Circuit issued two opinions. In In re: Search of Information Stored at Twitter, Inc., the D.C. Circuit denied a petition for rehearing en banc filed by Twitter (now known as X). In November 2022, Special Counsel Jack Smith was appointed to investigate President Trump’s efforts to overturn the […]
The D.C. Circuit didn’t release any opinions during the week of October 23–27. Since there weren’t any opinions to recap, I thought I would highlight one of my favorite passages from the Federalist No. 1, which was published 236 years ago on October 27, 1787. In that paper, Alexander Hamilton recognized that the Constitution would […]
Last week, the D.C. Circuit issued two administrative-law opinions and unsealed an opinion regarding the FBI’s investigation into Representative Scott Perry’s cell phone. You can find the unsealed opinion here and summaries of the administrative-law opinions below. In American Society for Testing and Materials v. Public.Resource.Org, Inc., the D.C. Circuit considered how the Copyright Act […]
During the week of June 19, the D.C. Circuit issued three opinions. In Heating, Air Conditioning & Refrigeration Distributors International v. EPA, the D.C. Circuit vacated part of an EPA rule that regulated hydrofluorocarbons—highly potent greenhouse gases used in fridges, freezers, and air conditioners. In 2020, Congress enacted the American Innovation and Manufacturing Act, which […]