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D.C. Circuit Oral Argument AI Transcripts

The text files below are AI-generated transcripts of oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit. MP3 recordings of these arguments are publicly hosted on the official CADC website. Links labeled will direct your browser to those external recordings.

⚠️ These transcripts contain errors

January, 2016

Date File MP3 Transcript Topic
01/08/2016 14-1247 Lancaster Symphony Orchestra v. NLRB Independent contractor status of musicians in relation to the Lancaster Symphony Orchestra.
01/08/2016 14-7206 American Council of Life Ins. v. District of Columbia Health Constitutional and statutory challenge to a user fee imposed on non-users.
01/08/2016 15-5034 Prince Johnson v. Thomas Perez Title VII employment discrimination and pretext for termination.
01/11/2016 14-1055 NBCUniversal Media LLC v. NLRB Determination of appropriate bargaining units under the National Labor Relations Act.
01/11/2016 15-5025 Mohamed Al-Saffy v. Thomas Vilsack Final agency action and statute of limitations in EEO complaints.
01/11/2016 15-7002 B.D. v. DC Enforcement of administrative decisions under the Individuals with Disabilities Education Act (IDEA).
01/12/2016 15-1001 Alberto Ardila Olivares v. TSA Post hoc rationalization of agency decision-making.
01/12/2016 15-7035 Tamika Edmonds v. Engility Corporation FMLA Retaliation and Employment Discrimination
01/14/2016 14-1138 Sierra Club de Puerto Rico v. EPA Challenge to EPA's rule limiting non-attainment new source review applicability.
01/14/2016 15-5051 National Association of Crimi v. US Department of Justice Work product doctrine applicability to DOJ training manual.
01/14/2016 15-5128 Competitive Enterprise Instit v. Office of Science and Technolo Whether agency records in a non-governmental email account are subject to FOIA.
01/15/2016 14-1282 Xcel Energy Services Inc. v. FERC FERC's authority to order refunds under the Federal Power Act.
01/15/2016 14-5283 James Bland III v. Jeh Johnson The primary legal issue is the sufficiency of pleading adverse employment actions under Title VII in the context of administrative leave and suspension without pay.
01/15/2016 15-7049 United States v. Philip Morris USA Inc. Public disclosure of alleged false certifications and price disparities under the False Claims Act.
01/19/2016 14-5259 Ark Initiative v. Thomas Tidwell Validity of the Colorado Roadless Rule ski area exclusion under the Administrative Procedure Act (APA).
01/19/2016 15-1122 Natl. Treasury Employees Union v. FLRA Negotiability of union access to agency crediting plans under FOIA regulations.
01/21/2016 14-1232 Design Technology Group LLC v. NLRB Whether the employees' actions constituted protected concerted activity under the NLRA.
01/21/2016 14-7193 Susan Weinstein v. Islamic Republic of Iran Attachment of intangible assets related to foreign sovereign states.
01/21/2016 15-5120 Laura Holmes v. FEC Constitutionality of campaign contribution limits in relation to primary and general elections.
01/22/2016 14-1277 Jeffrey Swaters v. DOT The constitutionality of DOT regulations prohibiting DNA testing in FAA enforcement actions.
01/22/2016 15-5190 Association of Private Sector v. Arne Duncan Regulatory authority of the Department of Education over gainful employment standards.
01/22/2016 15-7044 Burk Reedy LLP v. American Guarantee Insur. Co. Insurance coverage exclusions related to business enterprise and insured status.

February, 2016

Date File MP3 Transcript Topic
02/02/2016 14-5223 George Keepseagle v. Thomas Vilsack Discrimination in loan processing and enforcement of settlement agreement.
02/02/2016 15-1163 Dennis Lauterbach Sr. v. Michael Huerta Successive administrative sanctions following a criminal conviction.
02/04/2016 14-1189 Matson Terminals Inc. v. NLRB Whether superintendents and senior superintendents qualify as supervisors under the National Labor Relations Act.
02/04/2016 15-5009 Trent Coburn v. Patrick J. Murphy Authority and procedure of the Medical Evaluation Board (MEB) process.
02/04/2016 15-7003 Kathy Radtke v. Maria Caschetta Attorney's fees award in civil rights cases.
02/05/2016 14-1240 The Loan Syndications Assoc. v. SEC Jurisdiction over agency rulemaking authority.
02/05/2016 15-5113 Robert Gordon v. Loretta E. Lynch Whether the case is moot due to the appellant's cessation of business and the government's assurance against future enforcement.
02/08/2016 15-1035 Maher Terminals LLC v. FMC Whether the Federal Maritime Commission erred in allowing preferential rates to Maersk without extending similar rates to other marine terminal operators.
02/08/2016 15-7040 Marietta Robinson v. Sarah Pezzat Fourth Amendment claim regarding the shooting of a pet dog by a police officer.
02/09/2016 11-5268 George Adams v. Scott Middlebrooks Actual innocence as an exception to the statute of limitations under 28 U.S.C. § 2254.
02/09/2016 12-1071 Camelot Terrace Inc. v. NLRB Authority of the National Labor Relations Board to award bargaining costs and attorney's fees.
02/09/2016 14-1222 HTH Corporation v. NLRB Due process in the imposition of extraordinary remedies by the NLRB.
02/10/2016 14-5220 Jeffrey Labow v. DOJ FOIA Exemptions and Disclosure of Sealed Information
02/10/2016 14-7171 Milan Jankovic v. International Crisis Group Public figure status and actual malice in defamation case.
02/10/2016 15-1075 Electronic Privacy Informatio v. FAA Agency's denial of a petition for drone privacy rulemaking.
02/11/2016 14-1268 State of Kansas v. EPA Challenge to the EPA's emissions modeling and its implications for state compliance with air quality standards.
02/11/2016 14-5301 Public Employees v. Abigail Hopper Failure of the Coast Guard to make required navigational safety determinations for the Cape Wind project.
02/11/2016 15-7027 Candice Miles v. Howard University FMLA Retaliation and Termination Justification
02/12/2016 15-1036 Southwest Airlines Co. v. DOT Finality of agency action regarding forced airline accommodations at Love Field Airport.
02/12/2016 15-5030 USA v. TDC Management Corporation Exemption of property under the Federal Debt Collection Procedures Act.
02/12/2016 15-7016 Rene Lopez v. Council on American-Islamic Agency relationship and control over client representation.
02/16/2016 14-1095 Ramiro Lopez v. NLRB Validity of union decertification petition and intervention rights.
02/16/2016 14-3037 USA v. Hiachor Kpodi Whether the district court relied on erroneous factual findings in sentencing.
02/16/2016 15-5201 American Immigration Lawyers v. Exec. Office for Immigration Whether the government can redact non-responsive information from records requested under the Freedom of Information Act (FOIA).
02/17/2016 15-1023 Abd Al-Rahim Hussein Al-Nashir The legality of military commissions to try offenses not occurring during hostilities.
02/17/2016 15-5065 Victor K. Williams v. Jacob Lew Denial of leave to amend complaint regarding economic injury from debt limit statute.
02/17/2016 15-5217 ACLU v. DOJ The primary legal issue is the applicability of FOIA exemptions to classified documents related to the government's drone program.
02/18/2016 14-1185 Laura Sands v. NLRB Mootness of the case regarding Laura Sands' remedies against the National Labor Relations Board.
02/18/2016 14-5039 Kathryn Sack v. DOD Eligibility for educational fee waiver under FOIA for student requests.
02/18/2016 15-7030 CostCommand LLC v. WH Administrators Inc. Determination of a corporation's principal place of business.
02/19/2016 14-3073 USA v. Harold Castle Whether the police had reasonable suspicion to seize Harold Castle.
02/19/2016 15-7039 Carlos Alexander v. WMATA Discrimination based on perceived disability and failure to exhaust administrative remedies.
02/22/2016 14-1210 State of New York v. NRC Jurisdiction over the Nuclear Regulatory Commission's rulemaking and environmental impact analysis.
02/22/2016 14-3060 USA v. Queen Nwoye Ineffective assistance of counsel regarding the battered woman defense.
02/22/2016 15-5070 Friends of Animals v. Sally Jewell Regulation of captive endangered species under the Endangered Species Act.
02/23/2016 12-3035 USA v. Weldon Gordon Denial of the right to counsel of choice.
02/23/2016 14-1227 Omar Khadr Recusal of Judge Pollard due to potential bias from outside employment.
02/23/2016 15-5264 Pursuing America s Greatness v. FEC Regulation of political speech and content-based restrictions.

March, 2016

Date File MP3 Transcript Topic
03/04/2016 13-5360 Akiachak Native Community v. DOI Mootness of the appeal regarding the Alaska Native Claims Settlement Act and trust land regulations.
03/04/2016 14-1135 Consolidated Communications I v. NLRB Misapplication of striker misconduct standards by the National Labor Relations Board.
03/04/2016 14-3051 USA v. Mark Stubblefield Ineffective assistance of counsel and probable cause for arrest.
03/07/2016 11-1483 Independent Pilots Association v. FAA Exclusion of cargo pilots from fatigue regulations based on cost-benefit analysis.
03/07/2016 15-5155 DOJ v. Daniel Chapter One Total ban on selling dietary supplements.
03/07/2016 15-7053 Nieves Rocha v. Brown Gould LLP Statute of limitations for legal malpractice claim.
03/08/2016 14-1231 Quicken Loans Inc. v. NLRB Interpretation of confidentiality agreements and their impact on Section 7 rights under the NLRA.
03/08/2016 15-5147 Union Neighbors United Inc. v. Sally Jewell Interpretation and application of the Endangered Species Act and NEPA regarding incidental take permits for wind energy projects.
03/08/2016 15-7045 Stephen Yelverton v. Federal Insurance Company Violation of the automatic stay in bankruptcy proceedings.
03/09/2016 14-1263 Fort Dearborn Company v. NLRB Whether the employer's discharge of an employee was motivated by anti-union sentiment in violation of the NLRA.
03/09/2016 14-3010 USA v. Melvin Knight Ineffective assistance of counsel regarding plea offer advice.
03/09/2016 14-7041 GSS Group Ltd. v. Republic of Liberia The primary legal issue is the enforcement of an arbitration award against the Republic of Liberia under the Foreign Sovereign Immunities Act.
03/10/2016 15-1026 National Fed. of the Blind v. DOT Accessibility of airline kiosks for blind travelers.
03/10/2016 15-5109 Blue Water Navy Vietnam v. Robert McDonald Jurisdiction under the Veterans Judicial Reform Act
03/10/2016 15-5176 Rothe Development Inc. v. DOD Constitutionality of racial classifications in federal contracting programs.
03/11/2016 13-3019 USA v. Henry Williams Necessity of Wiretap Extension and Admissibility of Lay Opinion Testimony
03/14/2016 14-1251 Chris Stovic v. RRRB Judicial review of the Railroad Retirement Board's denial of a request to reopen retirement benefits.
03/14/2016 15-5008 Samuel Ortiz-Diaz v. HUD Office Inspector General Whether the denial of a transfer request constitutes an adverse employment action under Title VII.
03/14/2016 15-7062 Ronald Duberry v. DC The enforceability of the right to carry concealed firearms under the Law Enforcement Officers Safety Act (LEOSA).
03/15/2016 13-3110 USA v. Juan Melgar-Hernandez Whether a conspiracy to commit murder in El Salvador is prosecutable under Maryland law.
03/15/2016 14-1284 Durham School Services LP v. NLRB Denial of evidentiary hearing in NLRB election objections.
03/15/2016 15-5154 Yassin Aref v. Loretta Lynch Procedural due process in the context of CMU segregation for federal prisoners.
03/17/2016 15-1009 Petro Star Inc. v. FERC Validity of the Federal Energy Regulatory Commission's quality bank methodology for oil valuation.
03/17/2016 15-5183 ACLU v. CIA Whether the Senate Intelligence Committee's final report on the CIA's torture program is an agency record subject to the Freedom of Information Act.
03/18/2016 13-3096 United States of America v. Darius McKeever Appellant Interpretation of sentencing guidelines related to conspiracy and firearm possession.
03/18/2016 14-1253 Ozburn-Hessey Logisitics LLC Petitioner v. National Labor Relations Board Disputed union election ballots and alleged retaliatory discharge.
03/21/2016 14-1252 Aggregate Industries Petitioner v. National Labor Relations Board Unilateral change in bargaining unit scope without union consent.
03/21/2016 14-3036 USA v. Derrick Byas Calculation of sentencing guidelines and sentencing disparity.
03/21/2016 14-5257 Antoine Jones Appellant v. Steve Kirchner D.C. MPD Dectective et al. Fourth Amendment violations related to the execution of a search warrant.
03/22/2016 11-1479 United Airlines Inc. v. FERC Jurisdiction over FERC's income tax allowance and double recovery issues.
03/22/2016 15-5163 Florida Health Sciences v. Secretary U.S. DHHS Preclusion of judicial review of Medicare payment estimates and data.
03/24/2016 12-7139 Act Now to Stop War and End Ra v. DC Standing and First Amendment challenges to district regulations on event-related signage.
03/24/2016 15-5208 Carlos Loumiet v. USA Statute of limitations for Bivens claims

April, 2016

Date File MP3 Transcript Topic
04/01/2016 15-1064 Great Lakes Comnet Inc. v. FCC Eligibility of Great Lakes Commnet for rural exemption under FCC regulations.
04/01/2016 15-5199 U.S. Assoc. of Reptile Keepers v. Sally Jewell Interpretation of the Lacey Act regarding interstate transportation of injurious species.
04/01/2016 15-5202 Noble Energy Inc. v. Sally Jewell The impact of a government's material breach on regulatory obligations regarding well plugging.
04/04/2016 14-3015 USA v. Hector Orjuela Jr. Interpretation of “in foreign commerce” in relation to illicit conduct.
04/04/2016 15-1081 IronTiger Logistics Inc. v. NLRB Employer's obligation to respond to union information requests.
04/05/2016 15-1050 Rush University Medical Center v. NLRB The adequacy of the National Labor Relations Board's explanation for its departure from precedent regarding election procedures in healthcare settings.
04/05/2016 15-5164 American Freedom Law Center v. Barack Obama Standing to challenge executive actions regarding health insurance policies.
04/05/2016 15-5250 Mohammed Jawad v. Robert Gates Jurisdiction over enemy combatant status and torture claims.
04/07/2016 15-5118 Mackinac Tribe v. Sally Jewell Recognition of the Mackinac Tribe under the Indian Reorganization Act (IRA).
04/07/2016 15-5162 City of Duluth v. Natl. Indian Gaming Commission Authority of the National Indian Gaming Commission to retroactively alter previously approved agreements.
04/11/2016 14-5305 Mingo Logan Coal Company v. EPA EPA's post-permit authority and its constraints.
04/11/2016 14-7126 Seed Company Limited v. William Westerman Malpractice related to failure to file a certified translation in a patent interference proceeding.
04/11/2016 15-1062 Verizon New England Inc. v. NLRB Interpretation of collective bargaining agreement regarding picketing rights.
04/12/2016 15-1177 PHH Corporation v. CFPB Constitutionality of the Consumer Financial Protection Bureau's authority and actions.
04/12/2016 15-7013 Tawanda Jones v. David Dufek Sr. Misleading attorney demand letter under the Fair Debt Collection Practices Act (FDCPA).
04/14/2016 14-5316 True the Vote Inc. v. IRS IRS targeting of political organizations and First Amendment violations.
04/14/2016 15-1149 Monica Lindeen v. SEC Preemption of state securities laws under the definition of “qualified purchaser.”
04/14/2016 15-5013 Linchpins of Liberty v. USA Targeting of tax-exempt applications based on political views.
04/15/2016 14-5243 Perry Capital LLC v. Jacob Lew The primary legal issue is the legality of the “Net Worth Sweep” and its implications for the conservatorship of Fannie Mae and Freddie Mac.
04/15/2016 15-1024 Flamingo Las Vegas Operating v. NLRB Unfair labor practice and employer free speech rights.
04/15/2016 15-5021 Takeda Pharmaceuticals U.S.A. v. Sylvia Burwell FDA's compliance with patent certification requirements under the Hatch-Waxman Act.
04/15/2016 15-5309 State of West Virginia v. HHS Delegation of enforcement responsibility under federal law to states.
04/15/2016 15-5310 Central United Life Insurance v. Sylvia Burwell Regulation of fixed indemnity insurance products and their relationship to major medical coverage requirements.
04/18/2016 15-1067 The Tennis Channel Inc. v. FCC Whether the Federal Communications Commission (FCC) properly denied the Tennis Channel's request to reopen the record based on a new evidentiary standard established by a prior court ruling.
04/18/2016 15-7098 Matthew Corrigan v. DC Warrantless search and seizure under the Fourth Amendment.
04/19/2016 15-1127 EarthReports Inc. v. FERC NEPA compliance regarding environmental impact analysis for gas production and emissions.
04/19/2016 15-7063 BCB Holdings Limited v. Government of Belize Enforcement of an arbitration award amid allegations of government corruption and public policy defenses.
04/19/2016 15-7077 Newco Limited v. Government of Belize Tax obligations and enforcement of an arbitration award.

May, 2016

Date File MP3 Transcript Topic
05/03/2016 13-3075 USA v. Gerry Burnett Admission of 404(b) evidence and its prejudicial impact.
05/04/2016 14-1085 American Transmission Systems v. FERC Application of the Mobile Sierra Doctrine to contract rights in energy regulation.
05/04/2016 14-1281 Oklahoma Gas and Electric Co. v. FERC Whether the Federal Energy Regulatory Commission can modify a valid contract under Section 206 of the Federal Power Act despite the Mobile Sierra Doctrine.
05/04/2016 15-5239 Washington Alliance of Techno v. DHS Authority of the Department of Homeland Security to convert student visas into a guest worker program.
05/05/2016 15-1264 Mako Communications LLC v. FCC Interpretation of Section 1452B5 of the Spectrum Act regarding low-power television station rights.
05/05/2016 15-1346 Free Access Broadcast Tele. v. FCC Standing of option holders in relation to FCC regulations.
05/05/2016 15-3015 USA v. Rodney Class Constitutionality of firearm possession laws in relation to a guilty plea.
05/06/2016 12-3086 USA v. Brian Marsh Entitlement to re-sentencing based on alleged sentencing policy violations.
05/06/2016 13-7159 William Boykin v. Adrian Fenty Disparate impact of homeless shelter policy on protected class.
05/09/2016 15-7084 International Union Security v. Assane Faye Jurisdiction of unions to sue under Section 501 of the Landrum-Griffin Act.
05/13/2016 15-1010 Care One at Madison Avenue v. NLRB Withholding benefits during a union election.
05/13/2016 15-1345 Raymond J. Lucia Companies In v. SEC The primary legal issue is whether the Administrative Law Judges (ALJs) of the SEC are considered “officers of the United States” under the Appointments Clause of the Constitution.
05/13/2016 15-5200 David Patchak v. Sally Jewell Separation of powers and jurisdictional authority under the Gun Lake Act.
05/16/2016 14-7009 David Sickle v. Torres Advanced Enterprise Preemption of state law claims by the Defense Base Act.
05/16/2016 15-5223 Friends of Animals v. Sally Jewell Standing based on deprivation of information under the Endangered Species Act.
05/17/2016 15-1200 Enterprise Leasing Company v. NLRB Unilateral termination of employee benefits and duty to bargain.
05/17/2016 15-3075 USA v. Nizar Trabelsi Extradition and double jeopardy under the treaty.
05/20/2016 12-3013 USA v. Dante Sheffield The applicability of the firearm statute's sentence enhancement in relation to the guidelines and the definition of attempted robbery as a crime of violence.
05/20/2016 14-1254 National Distribution Services v. DOT Due process in the issuance of out-of-service orders by the DOT.
05/20/2016 15-7100 Encyclopaedia Britannica Inc. v. Dickstein Shapiro LLP The primary legal issue is the retroactive application of patent law standards in a legal malpractice case.

September, 2016

Date File MP3 Transcript Topic
09/06/2016 14-1244 Public Citizen Inc. Petitioner v. Federal Energy Regulatory Commission Jurisdiction and reviewability of FERC's inaction on rate approval.
09/06/2016 15-5117 National Security Counselors et al. Appellants Truthout v. United States Department of Justice Reasonable costs under FOIA for document duplication.
09/06/2016 15-7126 David DeJesus Appellant v. WP Company LLC doing business as Washington Post Employment discrimination and wrongful termination.
09/07/2016 14-3053 United States of America v. Roger Redrick Appellant Applicability of the Armed Career Criminal Act (ACCA) to Maryland robbery convictions.
09/07/2016 15-1102 Kimberly Stewart et al. Petitioners v. National Labor Relations Board Validity of union dues revocation during contract hiatus.
09/07/2016 15-7080 Jeffrey M. Camarda et al. Appellants v. Certified Financial Planner Board of Standards Inc. Breach of contract and selective enforcement claims.
09/08/2016 15-1059 AT T Corp. v. FCC Whether the Federal Communications Commission's change in interpretation of the VoIP symmetry rule requires notice and comment rulemaking.
09/08/2016 16-5011 Jihad Dhiab v. Barack Obama Access to classified videos in a habeas corpus proceeding.
09/08/2016 16-5196 League of Women Voters v. Brian Newby Authority of the U.S. Election Assistance Commission to require documentary proof of citizenship for voter registration.
09/09/2016 15-1145 NTCH Inc. v. FCC The legality of the FCC's approval of Verizon's acquisition of radio licenses in light of alleged foreign ownership violations and anti-competitive effects.
09/09/2016 15-5238 Ronald Smith v. USA Probable cause for arrest and intentional infliction of emotional distress.
09/09/2016 15-7153 Michael Hurd Jr. v. DC Judicial notice and preclusion in a motion to dismiss.
09/12/2016 15-1110 Healthbridge Management LLC v. NLRB the protection of concerted activity under the National Labor Relations Act.
09/12/2016 15-3051 USA v. Kevin Mack Sentence manipulation in sentencing proceedings.
09/12/2016 15-8009 Herman Brewer Denial of class certification and adequacy of class representative.
09/13/2016 15-1080 Neustar Inc. v. FCC Impartiality of telecommunications numbering administrator selection.
09/13/2016 15-5210 USA v. Philip Morris USA Inc. Authority of the district court to impose corrective statements on behalf of a dismissed defendant.
09/13/2016 15-7119 Ashima Reed v. DC Determination of prevailing market rates for attorney fees in IDEA litigation.
09/14/2016 14-7129 Reuven Gilmore v. Palestinian Interim Waiver of jurisdictional defenses by the Palestinian Authority.
09/14/2016 15-7024 Rivka Livnat v. Palestinian Authority Due process rights of the Palestinian Authority in relation to the Anti-Terrorism Act.
09/15/2016 14-5204 James Morris v. U.S. Sentencing Commission Sovereign immunity and the applicability of sentencing guidelines.
09/15/2016 15-1202 Francis Lorenzo v. SEC Liability for Securities Fraud and Sanctions Imposed by the SEC
09/15/2016 15-5304 Carpenters Industrial Council v. Daniel Ashe Standing to challenge critical habitat designation and its economic impacts.
09/16/2016 15-1113 ARC Bridges Inc. v. NLRB Discriminatory wage increase practices related to union representation.
09/16/2016 15-7055 Matthew LeFande v. DC First Amendment protection of employee speech and summary judgment standards.
09/19/2016 15-1230 NCR Corporation v. NLRB Disenfranchisement in NLRB election procedures.
09/19/2016 15-5170 Safari Club International v. Sally Jewell Standing and mootness in relation to agency findings on elephant hunting permits.
09/19/2016 15-7150 Kelly Foster v. Sedgwick Claims Management Se Whether the short-term disability benefits are governed by ERISA.
09/20/2016 15-1297 USPS v. PRC Change in the test for determining the cessation of extraordinary circumstances affecting the Postal Service.
09/20/2016 16-7025 Brian Wrenn v. DC Constitutionality of the District of Columbia's gun carry permit requirements.
09/20/2016 16-7067 Matthew Grace v. DC The legality of restrictions on carrying firearms in urban areas.
09/21/2016 12-7038 Yueh-lan Wang v. New Mighty U.S. Trust Diversity jurisdiction and substitution of parties in trust litigation.
09/21/2016 14-1196 FedEx Home Delivery v. NLRB Determination of independent contractor status under the National Labor Relations Act.
09/21/2016 14-7164 Robert Johnson v. Interstate Management Co. LL Whether employees have a private right of action for retaliation under OSHA.
09/22/2016 12-3032 USA v. Brandon Rock Procedural errors in sentencing and conditions of supervised release.
09/22/2016 15-5121 Charles Ramsey v. USPC Authority of the Parole Commission to revoke parole without incarceration.
09/23/2016 14-5300 Defenders of Wildlife v. Sally Jewell Adequacy of Wyoming's wolf management plan and regulatory mechanisms for delisting.
09/23/2016 15-7070 Nanko Shipping USA v. Alcoa Inc. Indispensable party and sovereign immunity issues in a discrimination claim.
09/23/2016 16-1007 Eric Friedman v. FAA Final agency action regarding medical certification requirements for insulin-treated diabetic pilots.
09/26/2016 11-3115 USA v. Anthony Ross Constitutional delegation of legislative authority regarding SORNA's retroactive application.
09/26/2016 14-5285 Lawrence Niskey v. Jeh Johnson Exhaustion of administrative remedies in employment discrimination claims.
09/26/2016 15-1330 SNR Wireless Licenseco LLC v. FCC Fair notice of control standards in FCC bidding credits.
09/27/2016 15-1363 State of West Virginia v. EPA - Part II Unconstitutionality of the Clean Power Plan's commandeering of state authority.
09/27/2016 15-1363 State of West Virginia v. EPA - Part II Unconstitutionality of the Clean Power Plan's commandeering of state authority.

October, 2016

Date File MP3 Transcript Topic
10/05/2016 16-5259 Standing Rock Sioux Tribe Appellant Cheyenne River Sioux Tribe v. United States Army Corps of Engineers and Dakota Access LLC Scope of the Army Corps of Engineers' consultation obligation under the National Historic Preservation Act.
10/06/2016 15-7143 Manu Kennedy v. Murial Bowser Jurisdictional compliance for appeal under 28 U.S.C. § 1292(b).
10/06/2016 16-1094 CalPortland Company Inc. v. MSHR Statutory authority for temporary reinstatement under the Mine Act.
10/07/2016 14-7144 Angelene Hardaway v. District of Columbia Housing Standing and mootness in housing assistance case.
10/07/2016 15-7121 Enron Nigeria Power Holding v. Federal Republic of Nigeria Enforcement of an arbitration award amid allegations of fraud and public policy concerns.
10/11/2016 14-5105 James Owens v. Republic of Sudan Interpretation of “extrajudicial killing” under the Foreign Sovereign Immunities Act.
10/11/2016 15-1217 NLRB v. Tito Contractors Inc. Determination of the appropriate bargaining unit under the National Labor Relations Act.
10/11/2016 16-5037 Erik Autor v. Penny Pritzker Determination of prevailing party status under the Equal Access to Justice Act.
10/13/2016 14-1074 Public Service Company v. NLRB Requests for information and interpretation of collective bargaining agreement provisions.
10/13/2016 16-5018 Silver State Land LLC v. Janice Schneider Validity of land sale withdrawal under federal law.
10/13/2016 16-7029 Donna Coburn v. Evercore Trust Company N.A. Whether special circumstances must be pled to claim breach of fiduciary duty under ERISA based on public information alone.
10/14/2016 15-1208 USAF v. FLRA Authority of the Secretary of Defense over military exchanges and commissaries.
10/14/2016 15-5186 Bank of New York Mellon v. Perry Henderson Standing to challenge mortgage assignment in foreclosure action.
10/17/2016 13-3085 USA v. Lafrances O Neal Exclusion of evidence regarding witness credibility.
10/17/2016 15-5325 AquAlliance v. United States Bureau of Recla Whether the government can withhold information about water wells under FOIA exemptions.
10/18/2016 15-5041 Humane Society of the US v. Sally Jewell Statutory interpretation of the Endangered Species Act regarding the designation and delisting of distinct population segments.
10/19/2016 15-1211 ACA International v. FCC The primary legal issue is the interpretation of the definition and scope of “automatic telephone dialing systems” (ATDS) under the Telephone Consumer Protection Act (TCPA).
10/19/2016 15-5330 Segerdahl Graphics Inc. et al. v. USPS Compliance with Postal Service sealing regulations for self-mailers.
10/20/2016 14-3069 USA v. Chad Pyles Adequacy of the district judge's explanation for sentencing.
10/20/2016 14-7197 Winston Strawn LLP v. Crumens Ltd C O Johnson Improper summary judgment and damages assessment against a pro se litigant.
10/20/2016 15-1156 American Postal Workers Union v. PRC Enforceability of Postal Service Service Standards
10/21/2016 14-1150 Center for Regulatory Reason v. EPA EPA's authority to impose regulations following a court ruling.
10/21/2016 15-3063 USA v. James Jones Jurisdiction and reasonableness of sentence reduction motions.
10/21/2016 15-7144 United States v. Halliburton Company Materiality of alleged false claims under the Civil False Claims Act.
10/24/2016 15-7135 Stephen Shea v. Cellco Partnership First-to-file bar under the False Claims Act.
10/24/2016 16-5086 MetLife Inc. v. Financial Stability Oversight The primary legal issue is the validity of the Financial Stability Oversight Council's designation of MetLife as a systemically important financial institution.
10/25/2016 15-5333 Continental Resources Inc. v. Sally Jewell Timeliness of appeal under the Federal Royalty Act.
10/25/2016 15-7094 Michael Queen v. Ed Schultz Admissibility of emails as business records under federal evidence rules.
10/25/2016 16-1118 Walker Broadcasting Company I v. FCC Rejection of television station license application and forfeiture issues.
10/27/2016 13-5330 Borgess Medical Center v. Sylvia Mathews Burwell Reimbursement eligibility for residency training costs under federal regulations.
10/27/2016 15-1072 National Biodiesel Board v. EPA Validity of EPA's record-keeping requirements for renewable biomass compliance.
10/27/2016 15-1073 National Biodiesel Board v. EPA Validity of EPA's record-keeping requirements for renewable biomass compliance.

November, 2016

Date File MP3 Transcript Topic
11/04/2016 15-3030 United States of America v. Larry A. Gooch Jr. also known as Goo Appellant Ineffective assistance of counsel and appellate jurisdiction issues.
11/08/2016 13-1277 New Energy Capital Partners L v. FERC Denial of motion to intervene in regulatory proceedings.
11/08/2016 13-3074 USA v. Christian Borda Admissibility of evidence and Brady violations regarding intent to import drugs.
11/08/2016 15-3053 United States Of America v. Jeffrey Norman Jackson Appellant Procedural adequacy of sentencing explanations under 18 U.S.C. § 3553.
11/08/2016 15-7118 John Bowman Jr. v. Kimberly Iddon Whether a Bivens remedy is available for tax return preparers given the regulatory scheme governing their practice.
11/08/2016 16-7004 National Railroad Passenger Corporation v. Fraternal Order of Police Lodge 189 Labor Committee Appellant Independence of the Office of Inspector General in relation to collective bargaining rights.
11/09/2016 15-1338 USPS v. PRC Whether the Postal Regulatory Commission properly denied the United States Postal Service's request to transfer parcel delivery products from the market-dominant to the competitive side based on prior case findings and evidentiary standards.
11/09/2016 16-5118 Epsilon Electronics Inc. v. TREA Interpretation and application of sanctions regulations regarding exports to Iran.
11/09/2016 16-7041 SoundExchange Inc. v. Muzak LLC Interpretation of the grandfather provision in copyright law regarding subscription services.
11/10/2016 15-1295 National Association of Teleco v. FCC The primary legal issue is the validity of the FCC's presumption of effective competition in cable markets under the Cable Act.
11/10/2016 15-3084 USA v. Devon Hunt Validity of appeal waiver in plea agreement.
11/10/2016 16-5054 Judicial Watch Inc. v. DOD FOIA request for release of deliberative documents related to detainee exchange decision.
11/14/2016 15-1096 Robert Rodriguez v. Virginia Penrod Jurisdiction over military whistleblower claims.
11/14/2016 15-5216 Pamela Taylor v. USA Whether Officer Clark was privileged in the use of force against Pamela Taylor.
11/14/2016 16-5047 A.N.S.W.E.R. Coalition v. W. Basham First Amendment rights and viewpoint discrimination in public space allocation.
11/15/2016 14-3091 USA v. David Vyner Ineffective assistance of counsel regarding the applicability of the statute for passport alteration.
11/15/2016 15-1204 800 River Road Operating Comp. v. NLRB Denial of fair hearing regarding alleged coercive conduct in union election.
11/15/2016 15-5145 Jesse Redmond v. Isaac Fulwood Jr. Absolute immunity of parole commissioners.
11/17/2016 14-1070 Gregory Bartko v. SEC Retroactive application of Dodd-Frank penalties
11/17/2016 15-5056 Carlton Blount v. USA Ineffective assistance of counsel in a habeas petition.
11/17/2016 16-7060 Equitas Disability Advocates v. Jonathan Feigenbaum Enforcement of an arbitration award under conflicting arbitration statutes.
11/18/2016 15-1401 Wilfred Aka v. United States Tax Court Jurisdiction over disbarment decisions by the Tax Court.
11/18/2016 15-3006 USA v. Michael Palmer Whether the Fair Sentencing Act applies to a defendant's re-sentencing after a judgment is vacated under 2255.
11/18/2016 15-5246 Darin Jones v. DOJ Exhaustion of administrative remedies and discriminatory removal claims.
11/21/2016 15-1299 ABM Onsite Services - West In v. NLRB Arbitrary departure from agency precedent without explanation.
11/21/2016 15-3062 USA v. Daniel Fry Effectiveness of appellate waiver in relation to sentencing appeal.
11/21/2016 16-5034 Matthew A. Goldstein PLLC v. DOS Challenge to the State Department's arms brokering regulations as applied to attorneys providing legal advice.

December, 2016

Date File MP3 Transcript Topic
12/02/2016 14-1063 Louisiana Public Service Com. v. FERC The primary legal issue is the timing and nature of remedies for unduly discriminatory energy rates.
12/02/2016 14-3092 USA v. Irvin Kenny Whether the district court improperly believed it was required to impose a consecutive sentence based on sentencing guidelines.
12/02/2016 16-7033 Yorie Von Kahl v. Bureau of National Affairs Actual malice in defamation claims against a media defendant.
12/05/2016 15-1349 EF International Lang. Schools v. NLRB Application of the correct legal test in employment termination under the National Labor Relations Act.
12/05/2016 16-3010 USA v. Lowell Lamont Substantive unreasonableness of sentence reduction under Amendment 782.
12/05/2016 16-5110 Citizens for Responsibility v. DOJ Adequacy of FOIA as an alternative remedy under the APA.
12/06/2016 15-1118 Emera Maine v. FERC The primary legal issue is whether the Federal Energy Regulatory Commission (FERC) properly applied the two-step analysis required under Section 206 of the Federal Power Act when changing an existing rate.
12/06/2016 15-3092 USA v. Anthony Suggs Ineffective assistance of counsel and evidentiary prejudice.
12/06/2016 15-5003 Prisology v. BOP Informational standing under eFOIA provisions.
12/08/2016 15-5107 Arthur West v. Loretta E. Lynch Standing and redressability in a challenge to marijuana legalization.
12/08/2016 15-5258 James Coleman v. Jeh Johnson Exhaustion of administrative remedies in retaliation claim.
12/09/2016 15-1074 Ampersand Publishing LLC v. NLRB First Amendment rights versus National Labor Relations Act applicability.
12/09/2016 15-1082 Ampersand Publishing LLC v. NLRB Whether the issuance of investigatory subpoenas by a newspaper constitutes a violation of Section 8(a)(1) of the National Labor Relations Act.
12/09/2016 15-7120 K.P. v. DC The primary legal issue is the enforcement of the “stay put” provision under the Individuals with Disabilities Education Act (IDEA) during ongoing litigation regarding appropriate educational placement for a disabled student.
12/09/2016 16-5117 Navajo Nation v. DOI Equitable estoppel and the Indian Self-Determination Act claims.
12/12/2016 09-1017 Waterkeeper Alliance v. EPA EPA's reporting exemption for emissions from industrial livestock facilities.
12/12/2016 16-3003 USA v. David Bronstein Constitutional vagueness of terms in a statute regulating speech in the Supreme Court.
12/12/2016 16-5229 Otsuka Pharmaceutical Co. Lt v. Sylvia Burwell FDA's interpretation of drug equivalence and exclusivity under the B2 approval pathway.
12/13/2016 13-3061 USA v. Ezra Griffith Validity of the search warrant and probable cause.
12/13/2016 15-1321 Allied Aviation Service Comp. v. NLRB Jurisdiction of the National Labor Relations Board under the Railway Labor Act.
12/13/2016 16-5093 Ahmed Salem Bin Ali Jaber v. USA Political question doctrine and judicial review of executive actions in foreign affairs.