Archive for the 'DC COA' Category

Denial of Attorney’s Fees Based on Retroactive Application of OPEN Government Act Affirmed, and Education and Government Benefits Matters

Davis v. Dep’t of Justice, No. 09-5189, concerned a FOIA action seeking access to tape recordings made during an FBI investigation of a New Orleans mob boss.  The court of appeals affirmed the denial of plaintiff’s motion for attorney’s fees, holding that the OPEN Government Act of 2007 did not retroactively allow plaintiff to recover [...]

Denial of Guantanamo Bay Detainee’s Habeas Petition Affirmed

Odah v. US, No. 09-5331, involved a petition for habeas corpus by a detainee at Guantanamo Bay and his next friend.  The court of appeals affirmed the denial of the petition, on the grounds that 1) petitioners’ challenge to the preponderance of the evidence standard employed by the district court was foreclosed by precedent; 2) [...]

ERISA Partially Preempted District of Columbia Prescription Drug Statute

Pharmaceutical Care Mgmt. Corp. v. Dist. of Colum., No. 09-7042, involved an action seeking a declaration that Title II of the District of Columbia’s Access Rx Act of 2004 was preempted by ERISA and various constitutional provisions.  The court of appeals affirmed summary judgment for plaintiffs in part, holding that sections 48-832.01(a), (b)(1), and (d) [...]

Reversal of Grant of Habeas Petition by Guantanamo Bay Detainee, and Administrative Matters

Air Transp. Ass’n of Am. v. US Dept. of Transp., No. 08-1293, involved a petition for review of amendments to the Department of Transportation’s (DOT) 1996 Policy Regarding Airport Rates and Charges allowing an airport to charge aircraft higher landing fees at peak times, a practice known as congestion pricing.  The court of appeals denied [...]

Petition for Review of Organization’s Designation as Terroristic Granted, and Administrative and Criminal Matters

In US v. Hall, No. 07-3036, the court of appeals affirmed in part defendant’s convictions for one count of conspiracy to commit crimes against the U.S., two counts of bank fraud, four counts of wire fraud, and one count of money laundering conspiracy, on the grounds that 1) a trier of fact could reasonably infer [...]

Reversal of Grant of Habeas Petition by Guantanamo Bay Detainee, and Administrative Matters

Air Transp. Ass’n of Am. v. US Dept. of Transp., No. 08-1293, involved a petition for review of amendments to the Department of Transportation’s (DOT) 1996 Policy Regarding Airport Rates and Charges allowing an airport to charge aircraft higher landing fees at peak times, a practice known as congestion pricing.  The court of appeals denied [...]

ERISA Partially Preempted District of Columbia Prescription Drug Statute

Pharmaceutical Care Mgmt. Corp. v. Dist. of Colum., No. 09-7042, involved an action seeking a declaration that Title II of the District of Columbia’s Access Rx Act of 2004 was preempted by ERISA and various constitutional provisions.  The court of appeals affirmed summary judgment for plaintiffs in part, holding that sections 48-832.01(a), (b)(1), and (d) [...]

Denial of Guantanamo Bay Detainee’s Habeas Petition Affirmed

Odah v. US, No. 09-5331, involved a petition for habeas corpus by a detainee at Guantanamo Bay and his next friend.  The court of appeals affirmed the denial of the petition, on the grounds that 1) petitioners’ challenge to the preponderance of the evidence standard employed by the district court was foreclosed by precedent; 2) [...]

Denial of Guantanamo Bay Detainee’s Habeas Petition Affirmed

Odah v. US, No. 09-5331, involved a petition for habeas corpus by a detainee at Guantanamo Bay and his next friend.  The court of appeals affirmed the denial of the petition, on the grounds that 1) petitioners’ challenge to the preponderance of the evidence standard employed by the district court was foreclosed by precedent; 2) [...]

Denial of Attorney’s Fees Based on Retroactive Application of OPEN Government Act Affirmed, and Education and Government Benefits Matters

Davis v. Dep’t of Justice, No. 09-5189, concerned a FOIA action seeking access to tape recordings made during an FBI investigation of a New Orleans mob boss.  The court of appeals affirmed the denial of plaintiff’s motion for attorney’s fees, holding that the OPEN Government Act of 2007 did not retroactively allow plaintiff to recover [...]