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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Nov
3
2020
U.S. Court of Appeals Refuses to Put EPA’s Rescission of Obama-Era Methane Regulations on Hold and Sets Expedited Briefing Schedule Hunton Andrews Kurth
Jan
31
2023
U.S. Appeals Court Partially Revives Trump-Era Union Election Rule Hunton Andrews Kurth
Nov
30
2015
D.C. Circuit Denies Petition for Rehearing Conflict Minerals Rule Case Hunton Andrews Kurth
Sep
1
2022
Humane Society v. U.S. Department of Agriculture: Has the D.C. Circuit Done More Than Protect Midnight Rules? Hunton Andrews Kurth
Aug
20
2014
Environmental Impact Analysis Required for Natural Gas Facilities Clarified in D.C. Circuit Decision Denying Residents’ Challenge to Compressor Siting Approval McDermott Will & Emery
Aug
28
2017
Court to the Equal Employment Opportunity Commission: “Try Again” on Wellness Rules McDermott Will & Emery
Mar
23
2018
Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking McDermott Will & Emery
Mar
2
2023
DC Circuit to Disputes Ancillary to Patent Matters: “You Can’t Sit with Us” McDermott Will & Emery
Jan
3
2014
Trade Dress, Sovereign Immunity, World Politics and R.60 Collide: Bell Helicopter Textron Inc. v. Islamic Republic of Iran McDermott Will & Emery
Nov
26
2014
Federal Government May Be Liable for Patent Infringement by Private Companies Performing Quasi-Governmental Functions McDermott Will & Emery
Jul
14
2015
Condition of Payment Limitation on Implied Certification Cases is Alive and Well in the D.C. Circuit McDermott Will & Emery
Jul
5
2016
Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected McDermott Will & Emery
Aug
17
2018
Recent District Court Decisions Highlight Conflicting Stances on Dismissal of Frivolous FCA Claims McDermott Will & Emery
Aug
26
2020
Copyright Board Ordered to Take a New Look at Streaming Services Rate Structure McDermott Will & Emery
May
27
2014
Divided D.C. Court of Appeals Panel Vacates Federal Energy Regulatory Commission (FERC) Order 745 on Compensation of Demand Response McDermott Will & Emery
Apr
28
2017
Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs Abroad McDermott Will & Emery
Dec
10
2018
Hearing Scheduled for DC False Claims Expansion – Taxpayers Beware! McDermott Will & Emery
Apr
9
2020
PTAB Designates Two Opinions Precedential and One Opinion Informative, Further Clarifying the Scope of the Board’s Discretion under § 325(d) to Decline Institution McDermott Will & Emery
Aug
31
2023
Almost Paradise? No Authorship for AI “Creativity Machine” McDermott Will & Emery
Oct
5
2023
Seeking Harmony: Supreme Court to Consider Retrospective Relief for Timely Copyright Claims Under Discovery Rule McDermott Will & Emery
Oct
7
2012
D.C. District Court Rejects CFTC's Position Limits Rule McDermott Will & Emery
Nov
2
2014
Specificity Key in IPR Petitions McDermott Will & Emery
May
24
2016
D.C. Federal Court Strikes Down ACA Cost Sharing Reduction Payments McDermott Will & Emery
Jan
29
2019
Georgetown University Defeats Retirement Plan Fee Litigation and “If a Cat Were a Dog, It Would Bark” McDermott Will & Emery
Apr
29
2022
McDermottPlus Check-Up: April 29, 2022 McDermott Will & Emery
Jun
2
2014
Federal Court Vacates 340B Rule Regarding Orphan Drugs McDermott Will & Emery
Sep
4
2014
Full D.C. Circuit to Rehear ACA Premium Tax Credit Case McDermott Will & Emery
Mar
29
2017
In Calculating FCA Damages, Another Court Rejects Government Windfalls Based on Purportedly “Tainted Claims” McDermott Will & Emery
Aug
29
2018
The Public’s Right to Know: American Society for Testing and Materials, et al. v. Public.Resource.Org, Inc. McDermott Will & Emery
Sep
7
2023
It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment McDermott Will & Emery
Mar
14
2016
Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects McDermott Will & Emery
Sep
3
2020
Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings McDermott Will & Emery
Apr
29
2012
Patent Applicants Can Submit New Evidence to District Court in Civil Actions McDermott Will & Emery
Nov
13
2014
Supreme Court to Decide Important Administrative Law Issue McDermott Will & Emery
Sep
3
2015
Post-DMA, Federal Court of Appeals Broadly Interprets Jurisdictional Limitations of Anti-Injunction Act McDermott Will & Emery
Oct
20
2015
D.C. Federal Court Rejects HHS Interpretation of 340B Program’s Orphan Drug Rule McDermott Will & Emery
Jul
18
2017
DC Circuit Court Rejects Challenge to OVDP Transition Rules (Offshore Voluntary Disclosure Program) McDermott Will & Emery
Jul
1
2014
D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms": AF Holdings v. Does et al. McDermott Will & Emery
Aug
1
2011
Naked Licensing Defense Barred Where Licensee Previously Failed to Contest Trademark Validity McDermott Will & Emery
Jun
27
2012
No Damages Under FCA When Government Gets What It Pays For McDermott Will & Emery
Jul
24
2014
U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through Federal Exchanges McDermott Will & Emery
Jan
4
2019
Court Issues Permanent Injunction Blocking Medicare 340B Payment Cuts McDermott Will & Emery
Jul
30
2020
“Salacious” Content Doesn’t Bar Discovery in Copyright Infringement Suit McDermott Will & Emery
Aug
6
2012
Domain Name Administrator Is Not a Domain Name Registry for Jurisdictional Purposes McDermott Will & Emery
Apr
9
2014
The Assault on the ACA (Affordable Care Act) Continues in the Federal Appeals Courts McDermott Will & Emery
Jun
29
2015
Court Upholds CMS' Prohibition on 'Under-Arrangements' Transactions, Strikes Down CMS' Prohibition on 'Per-Click' Equipment Rental Arrangements McDermott Will & Emery
Jun
30
2010
Attendance at Industry Trade Shows Could Constitute Minimum Contacts for Purposes of Establishing Personal Jurisdiction McDermott Will & Emery
Nov
21
2013
D.C. Circuit Orders Department of Energy "DOE" to Stop Collecting Nuclear Waste Fee McDermott Will & Emery
Aug
23
2017
DC District Court Rejects Taxpayer’s Claim for US-Swiss Treaty Coverage McDermott Will & Emery
Aug
2
2018
DC Circuit Reverses Tax Court and Holds Section 883 Regulations Invalid under Chevron Test McDermott Will & Emery
 

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