D.C. Circuit (incl. bankruptcy)

The District of Columbia Court of Appeals is the Federal District Court in Washington, DC. The circuit is often referred to as “the District”, “Washington”, and often referred to by its initials, D.C., and is the capital of the United States.

The District of Columbia is governed by the US Constitution, which gives it the jurisdictional power to Congress, so it is not governed by any one state in the United States. The Federal District courthouse sits in the District of Columbia City Hall Building at Judiciary Square. The DC Court of Appeals and the  Superior Court of the District of Columbia make up the local court system in that district.

“The court of last resort” is often what the District of Columbia is referred to, as parties should try to have their cases settled in their respective state or circuit courts. The court has the authority to hear all final orders, specified interlocutory orders, judgments, and decisions which are made by certain government agencies in D.C. The Court is also permitted to hear cases which need to have cases which present questions of law presented by the Supreme Court heard. Given its power through Congress, the court is authorized to review proposed rules from trial courts and develop its own rules for proceedings which go through the court.

Currently there are eight associate judges and the circuit judge which are hearing cases which come through the District of Columbia circuit. At this level, judges are appointed to 15-year terms after being nominated by the President and appointed by the US Senate. Currently, the chief justice of the circuit is Anna Blackburne-Rigsby, who was initially appointed during the Clinton administration as an associate judge.

Unlike other circuits, the District of Columbia circuit issues MOJs, or memorandums of justice in cases where decisions do not result in new law. MOJs are also issued in cases where cases don’t decide on an important issue/federal question, or in cases which don’t interpret a statute or concept, which hasn’t yet been decided on. The court also publishes opinions in cases where both litigants and the trial court, create a new law, interpret statutes, or interpret important concepts in the legal system.

The National Law Review covers a broad range of MOJ findings as well as case opinions which are decided by the District of Columbia circuit. We cover: federal questions, retaliation claims, cybersecurity claims, Agency news, labor and employment, and other important federally driven cases. The National Law Review also focuses on appointments, and general news and elections , bankruptcy, tax cases, and other cases which go through the circuit’s system.   

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Mar
3
2018
NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics Official’s Report Sheppard, Mullin, Richter & Hampton LLP
Nov
7
2018
As The “Net Neutrality” World Turns . . . . Sheppard, Mullin, Richter & Hampton LLP
Jan
4
2011
E-CIGARETTES GET A "SMOKING" BREAK: D.C. Circuit Clarifies Scope of FDA's Authority Over E-Cigarettes Sheppard, Mullin, Richter & Hampton LLP
Oct
6
2015
Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations Quickly Approaches Sheppard, Mullin, Richter & Hampton LLP
Apr
15
2019
District Court Provides Guidance On Climate Change Analysis Under NEPA Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2023
US District Court Grants HUD’s Summary Judgment Motion in Disparate Impact Case Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2011
D.C. Circuit Rejects "Collective Knowledge" But Shines Spotlight on Processes Sheppard, Mullin, Richter & Hampton LLP
Jul
10
2017
FTC Temporarily Halts Proposed DraftKings-FanDuel Merger Sheppard, Mullin, Richter & Hampton LLP
Jan
14
2019
340B Drug Pricing Program Litigation Update: Court Rejects CMS Drug Pricing Cuts Sheppard, Mullin, Richter & Hampton LLP
Oct
4
2023
Generative AI and Copyright – Some Recent Denials and Unanswered Questions Sheppard, Mullin, Richter & Hampton LLP
Feb
3
2011
District Of Columbia Circuit Holds That Certifications In Financial Statements Do Not Constitute Omissions That Qualify For A Presumption Of Reliance In Fraud Claims Under Rule 10b-5 Sheppard, Mullin, Richter & Hampton LLP
Jan
27
2021
“Would You Rather…” – Escobar’s Demanding Materiality Standard or Actual Causation? Sheppard, Mullin, Richter & Hampton LLP
Sep
19
2019
D.C. District Court Vacates CMS Final Rule, Finds that CMS’ Lesser Reimbursement of Services Provided at Grandfathered Off-Campus Provider-Based Departments Was Improper Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2020
Another Win for Hospitals: Courts Reject HHS’ Attempt to Narrow DSH Payment Calculations Sheppard, Mullin, Richter & Hampton LLP
Jan
21
2014
Twice Bitten But Not Shy, The FCC (Federal Communications Commission) Is Handed The DC Circuit’s Prescription for Internet Regulation Sheppard, Mullin, Richter & Hampton LLP
Dec
4
2015
D.C. Circuit: When Government Is Silent, There Is No FCA Liability For Contractor’s “Objectively Reasonable” Interpretation Of Ambiguous Contract Provision Sheppard, Mullin, Richter & Hampton LLP
May
6
2013
Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To Subcontracts Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
May
3
2017
Has Acquisition of Cigna Corp. by Anthem Been Relegated to Dustbin of History? Stay Tuned! Sheppard, Mullin, Richter & Hampton LLP
Aug
9
2013
Still Standing: U.S. Court Upholds Securities and Exchange Commission (SEC) Conflicts Minerals Rule Sheppard, Mullin, Richter & Hampton LLP
Sep
25
2014
The Affordable Care Act — How Did Two Courts Make Opposite Decisions on Tax Subsidies Poyner Spruill LLP
Feb
13
2015
Happy New Year from the DC District Court - Companionship Exemption Lives On!! Poyner Spruill LLP
Dec
8
2015
D.C. Circuit Resuscitates Elimination of Companionship and Domestic Service Exemptions for Third-Party Employers Poyner Spruill LLP
Jul
23
2014
Circuit Split Creates Uncertainty Over Affordable Care Act Subsidies Michael Best & Friedrich LLP
Sep
3
2015
D.C. Circuit Upholds Department of Labor Rule That Makes Millions of Home Health Care Workers Eligible for Minimum Wage and Overtime Pay Michael Best & Friedrich LLP
Nov
5
2015
Wisconsin Joins Other States in Filing Challenges to EPA Carbon Rules Michael Best & Friedrich LLP
Apr
7
2017
Junk Fax Rule as Applied to Solicited Faxes Struck Down by D.C. Circuit Michael Best & Friedrich LLP
Sep
10
2011
SEC Not to Seek Rehearing of Proxy Access Decision Michael Best & Friedrich LLP
Apr
12
2017
Court Vacates Federal Air Emission Reporting Exemption for Animal Waste Michael Best & Friedrich LLP
Aug
25
2012
D.C. Circuit Vacates EPA’s Cross State Air Pollution Rule Michael Best & Friedrich LLP
Jul
16
2013
Ethanol and Other Biomass Plants No Longer Exempt from Carbon Dioxide Emission Limits: D.C. Circuit Vacates EPA's Three-Year Deferral for Biogenic CO2 Sources Michael Best & Friedrich LLP
May
22
2012
NLRB Rulemaking Again Found Invalid by Federal Court Michael Best & Friedrich LLP
Apr
18
2012
The NLRB’s Poster Requirement Further Delayed Pending Ruling from the D.C. Circuit Court Michael Best & Friedrich LLP
May
20
2013
National Labor Relation Board’s (NLRB) Poster Rule is Rejected by D.C. Circuit Court Michael Best & Friedrich LLP
May
9
2013
D.C. Circuit Vacates Controversial National Labor Relations Board (NLRB) “Mandatory Posting” Rule Dinsmore & Shohl LLP
 

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