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, 2018

Date	File	Transcript	Topic
01/05/2018	16-1284	USPS v. PRC	Scope of the price cap under 39 USC 3622D.
01/05/2018	16-1412	USPS v. PRC	Whether the Postal Regulatory Commission's treatment of a service removal as a price change violates statutory provisions.
01/05/2018	17-3001	USA v. Frederick Miller	Waiver of sentencing issues in a resentencing appeal.
01/08/2018	16-1338	Mark Tamosiunas v. NLRB	Coercion and restraint in union dues collection.
01/08/2018	16-1342	ESI Energy LLC v. FERC	The primary legal issue is the interpretation and binding effect of FERC's letter order and tariff provisions on cost allocation for interconnection customers.
01/08/2018	17-5074	Arch Coal Inc. v. R. Alexander Acosta	Whether the Department of Labor's bulletin constitutes a binding rule subject to judicial review under the Administrative Procedure Act.
01/09/2018	16-1311	Staffco of Brooklyn LLC v. NLRB	Waiver of pension fund contributions following expiration of a collective bargaining agreement.
01/09/2018	17-5075	Abdul Waked Fares v. John Smith	Due process in evidentiary disclosures for sanctions under the Kingpin Act.
01/09/2018	17-5128	Michael Daugherty v. Alain Sheer	Availability of a Bivens remedy for First Amendment retaliation claims against federal agency lawyers.
01/10/2018	16-1350	Pruitthealth-Virginia Park LLC v. National Labor Relations Board	Credibility of witness testimony regarding union picketing and alleged threats.
01/11/2018	15-1285	Citizens Assn of Georgetown v. FAA	Challenge to FAA's flight path decision and adequacy of environmental review.
01/11/2018	16-5316	Kelly McClanahan v. DOJ	FOIA request adequacy and litigation misconduct.
01/11/2018	17-3008	USA v. Hiachor Kpodi	Whether the district court properly complied with the appellate court's mandate regarding the consideration of prior incidents in sentencing.
01/12/2018	16-1195	American Rivers v. FERC	Violation of NEPA in hydroelectric dam licensing and environmental impact assessment.
01/12/2018	16-3096	USA v. Alfredo Mosquera-Murillo	Subject matter jurisdiction over the prosecution.
01/16/2018	15-3077	USA v. Rodrigo Pupo	Denial of motion to withdraw guilty plea.
01/18/2018	16-1315	David Saxe Productions LLC an v. NLRB	Whether the non-renewal of Ann Carter's contract was due to her protected activity or legitimate performance issues.
01/18/2018	17-3039	USA v. John Lee	Validity of the appellate waiver in the plea agreement.
01/18/2018	17-7106	Dawn Bennett v. Google LLC	Whether Google LLC is liable for the content of a blog post under the Communications Decency Act.
01/19/2018	16-1305	Arkansas Public Service Comm. v. FERC	Authority of the Arkansas Public Service Commission to enforce benefit-sharing post-withdrawal from the Entergy system agreement.
01/19/2018	17-7067	EIG Energy Fund XIV L.P. v. Petroleo Brasileiro S.A.	Jurisdiction over foreign sovereign under the FSIA's commercial activity exception.
01/22/2018	16-1354	United Parcel Service Inc. v. PRC	Cost attribution methodology under the Postal Accountability and Enhancement Act.
01/22/2018	17-3012	USA v. James Powers	Ineffective assistance of counsel and appeal waiver issues.
01/22/2018	17-7012	Deborah Peterson v. Islamic Republic of Iran	Enforcement of attorney lien rights in the context of contractual agreements.
01/23/2018	15-3056	USA v. Dawayne Brown	Sufficiency of evidence for conviction of possession with intent to distribute PCP.
01/25/2018	16-3021	United States of America v. Jamal A. Adams also known as Ishmeal Heru-bey Appellant	Jury selection discrimination under Batson v. Kentucky.

February, 2018

Date	File	Transcript	Topic
02/02/2018	16-1382	Louisiana Public Service Comm v. FERC NOTE Due to technical difficulties there is a short 3 minute gap in the middle of the audio.	Cost allocation and refund authority in utility rate design cases.
02/02/2018	16-3116	USA v. Anthony James	Violation of Federal Rule of Evidence 704B regarding expert testimony on mental state.
02/02/2018	17-1058	Local 58 International Brothe v. NLRB	Union policy on resignation verification and its compliance with labor law.
02/05/2018	16-1427	Equinox Holdings Inc. v. NLRB	Whether the NLRB abused its discretion regarding the presence of an observer with a prior gun incident during a union election.
02/05/2018	16-1454	Mellow Partners A Partnership v. Cmsnr. IRS	Whether Mello Partners is subject to TEFRA Partnership Rules.
02/06/2018	16-1370	Prime Healthcare Services - En v. NLRB	Collective bargaining agreement-related issues and information disclosure obligations.
02/06/2018	17-7075	Paleteria La Michoacana Inc. v. Productos Lacteos Tocumbo S.A	Evaluation of trademark rights under Section 43A of the Lanham Act following Lexmark v. Static Control.
02/08/2018	15-1231	CC1 Limited Partnership v. NLRB	Whether a wildcat strike is protected under Section 7 of the National Labor Relations Act or constitutes lawful grounds for termination under Section 8.
02/08/2018	15-3027	USA v. Carlos Aguiar	Violation of Sixth Amendment right to public voir dire.
02/08/2018	16-1159	SoundExchange Inc. v. LOC	Whether effective competition is a required element of the statutory rate for copyright royalties.
02/09/2018	16-1068	Utility Workers Union of Ameri v. FERC	Standing and market manipulation in electric auction pricing.
02/12/2018	17-5069	Adrienne Carter v. Benjamin Carson Sr.	Disability discrimination and reasonable accommodation under the Rehabilitation Act.
02/12/2018	17-5098	Saint Francis Medical Center v. Alex M. Azar II	Applicability of Medicare regulation amendments to hospital appeals.
02/13/2018	15-3060	USA v. Calvin Stoddard	Attribution of drug quantity in conspiracy convictions.
02/13/2018	16-1245	United Airlines Inc. v. FERC	Authority of the Federal Energy Regulatory Commission to regulate pipeline abandonment.
02/13/2018	16-1289	NLRB v. Hospital of Barstow Inc.	Quorum requirements and authority of the National Labor Relations Board.
02/15/2018	16-5181	Ghulam Ali v. Scott Pruitt	Premature dismissal of reasonable accommodation claim without discovery.
02/16/2018	17-1043	Eric Friedman v. FAA	Denial of medical certification for a pilot with insulin-treated diabetes.
02/16/2018	17-3015	USA v. Gary Cooper	Fiduciary enhancement and multiplicity of conspiracy counts.
02/20/2018	16-1416	Genuine Parts Company v. EPA	EPA's failure to adequately respond to evidence regarding aquifer interconnection.
02/20/2018	16-1417	Sunnyside Gold Corporation v. EPA	Whether the EPA's listing of property on the National Priorities List without scoring it pursuant to the Hazard Ranking System is lawful.
02/20/2018	17-5110	Washington Alliance of Techno v. DHS	Challenge to the legality of DHS regulations on alien employment and standing to sue.
02/22/2018	16-1285	ANR Storage Company v. FERC	Challenge to FERC's decision on market-based rate authority for A&R Storage based on alleged market power.
02/22/2018	16-5299	Steven Drielak v. Scott Pruitt	Retaliation claim in employment discrimination case.
02/22/2018	17-7024	David Noble Jr. v. William Dunn Jr.	Interpretation of union fund usage under the LMRDA.
02/23/2018	17-1012	Air Line Pilots Association v. Elaine Chao	Challenge to the grant of a foreign air carrier permit under the U.S.-EU Air Transport Agreement.
02/23/2018	17-1065	T-Mobile USA Inc. v. NLRB	The legality of T-Mobile's suspension of collective bargaining in light of the National Labor Relations Board's decision.
02/23/2018	17-5122	Ryan Shapiro v. DOJ	Withholding of documents under FOIA Exemption 7E.
02/26/2018	17-1056	ABC Aerolineas S.A. de C.V. v. DOT	Exclusion of Interjet from slot allocation at Mexico City International Airport.
02/26/2018	17-1102	Publi-Inversiones de Puerto v. NLRB	Successorship and appropriateness of bargaining unit.

March, 2018

Date	File	Transcript	Topic
03/05/2018	17-1025	Green Gas Delaware Statutory v. Cmsnr. IRS	Tax credit eligibility for landfill gas production and substantiation standards.
03/05/2018	17-1133	Tramont Manufacturing LLC v. NLRB	Whether Tremont Manufacturing's employee handbook constitutes a binding contract that affects the obligation to bargain over layoffs and their effects.
03/05/2018	17-5123	Association of American Railr v. DOT	Severability of unconstitutional provisions in regulatory statute.
03/06/2018	17-1002	Big Bend Conservation Alliance v. FERC	Jurisdictional classification of a pipeline under the Natural Gas Act.
03/06/2018	17-3007	USA v. Anthony Rice	Equitable tolling of a late 2255 motion due to attorney error.
03/08/2018	17-1122	International Union of Oper v. NLRB	Jurisdictional dispute between labor unions over work assignments.
03/08/2018	17-7090	Janice Murray v. Amalgamated Transit Union	Subject matter jurisdiction over claims related to union elections and eligibility determinations.
03/08/2018	17-7104	Stephen Kelleher v. Dream Catcher L.L.C.	The primary legal issue is the invocation of arbitration rights and the distinction between waiver and forfeiture.
03/09/2018	16-1317	H M Int l Transportation Inc. v. NLRB	Retaliatory discharge for protected concerted activity.
03/09/2018	16-5330	Reba Ransom v. David Shulkin	Amendment of complaint regarding retaliation and discrimination claims.
03/09/2018	17-1112	American Fuel Petrochemical v. STB	Whether BNSF can impose a monetary penalty to phase out tank cars authorized by Congress.
03/12/2018	16-1405	Advanced Life Systems Inc. v. NLRB	Unfair labor practices related to wage increases and employee gifts.
03/12/2018	16-5315	Hall and Associates v. EPA	Validity and clarity of FOIA requests.
03/12/2018	17-1089	Santa Fe Discount Cruise Park v. FMC	Administrative adjudication of alleged rate discrimination under the Shipping Act of 1984.
03/15/2018	16-1433	San Diego Gas Electric Co v. FERC	Eligibility for abandonment incentive recovery under FERC regulations.
03/15/2018	16-3052	USA v. Guadalupe Galaviz	Procedural error in sentencing regarding future dangerousness consideration.
03/15/2018	17-5140	Ho-Chunk Inc. v. Jeff Sessions	Application of the CCTA record-keeping requirements to tribal instrumentalities.
03/16/2018	15-7064	Brien Hill v. Associates for Renewal in Ed.	Reasonable accommodation under the ADA for a classroom aide.
03/16/2018	17-1155	Air Alliance Houston v. EPA	Statutory authority and compliance delay issues related to EPA rulemaking.
03/19/2018	15-1336	International Longshore Ware v. NLRB	Whether the employer had an obligation to bargain over changes in employee terms and conditions after transferring workers between bargaining units.
03/19/2018	17-1040	Old Dominion Electric Coop. v. FERC	Cost allocation for regional benefits of high-voltage transmission projects.
03/19/2018	17-5114	Jefferson Morley v. CIA	Determination of attorney's fees under FOIA exemptions.
03/20/2018	17-1059	Oglala Sioux Tribe v. NRC	NEPA compliance and cultural resource protection in licensing decisions.
03/20/2018	17-1124	Matson Terminals Inc. v. NLRB	Whether Matson's supervisors are considered statutory supervisors under the National Labor Relations Act.
03/20/2018	17-5067	Moath Al Alwi v. Donald Trump	The primary legal issue is the constitutionality of indefinite detention of a Guantanamo detainee under the Authorization for Use of Military Force (AUMF).
03/22/2018	15-3074	USA v. Gregory Sitzmann	Brady and Giglio violations regarding withheld evidence and venue issues.
03/22/2018	16-1413	Natural Resources Defense Coun v. EPA	Interpretation of “natural event” under the Clean Air Act.
03/22/2018	17-5084	Delaware Riverkeeper Network v. FERC	Structural bias in FERC's funding mechanism.
03/23/2018	15-5294	Western Organization v. Ryan Zinke	NEPA obligations regarding cumulative environmental impacts of federal coal management.
03/23/2018	17-7138	Ronald Peck v. Selex Systems Integration In	Eligibility for severance pay and deferred compensation following termination.
03/26/2018	17-7073	Raymond McGovern v. Christopher Brown	Whether an express directive to leave is required for unlawful entry refusal to quit.
03/26/2018	17-7100	Rachel Fraenkel v. Islamic Republic of Iran	The primary legal issue is the adequacy of the damages calculation methodology in a wrongful death case under the Foreign Sovereign Immunities Act.
03/26/2018	17-7171	Archdiocese of Washington v. WMATA	Viewpoint discrimination in advertising guidelines regarding religious speech.

April, 2018

Date	File	Transcript	Topic
04/02/2018	12-3036	United States of America v. Aumbrey Winstead also known as Andre Winstead Appellant	Ineffective assistance of counsel during trial and sentencing.
04/03/2018	14-3003	USA v. Benjamin Grey	Admissibility of evidence and its prejudicial impact on the defendant.
04/03/2018	17-1188	William Blanton v. Office of the Comptroller of	Standard of review for agency decision on civil money penalty.
04/05/2018	18-5032	John Doe v. James Mattis	The primary legal issue is the authority of the U.S. government to transfer a dual citizen detained in a conflict zone without judicial review.
04/06/2018	15-1098	Verso Corporation v. FERC	Substantial evidence and statutory authority for retroactive rate increases.
04/06/2018	16-5373	Matthew Sluss v. DOJ	Whether the U.S.-Canada Treaty provision regarding prisoner transfers is self-executing and judicially enforceable.
04/06/2018	17-5089	Brian Huffman v. Kirstjen Nielsen	Procedural due process in military discharge proceedings.
04/09/2018	17-7133	Howard Town Center Developer v. Howard University	Construction and enforcement of lease termination provisions.
04/10/2018	15-3040	USA v. Noe Machado-Erazo	Admissibility of expert testimony regarding cell tower evidence and its impact on the defendant's conviction.
04/11/2018	16-1407	Charles Weiss v. Cmsnr. IRS	Discrepancy between mail date and notice date for taxpayer's response period.
04/11/2018	16-5347	Matthew Palmieri v. USA	Denial of due process in security clearance revocation proceedings.
04/11/2018	17-1150	Jacmar Foodservice Distributio v. NLRB	Pre-petition conduct and its impact on union election validity.
04/12/2018	17-1144	Matson Navigation Company Inc v. DOT	Jurisdiction under the Hobbs Act regarding citizenship determinations in agency decisions.
04/12/2018	18-5007	Leandra English v. Donald Trump	Standing and appointment authority under the Dodd-Frank Act versus the Federal Vacancies Reform Act.
04/13/2018	17-1110	NextEra Energy Resources LLC v. FERC	FERC's compliance with the substantial evidence rule and justification for policy changes.
04/13/2018	17-1130	M.D. Miller Trucking Topsoil v. NLRB	Credibility of job search efforts in an unfair labor practice case.
04/13/2018	17-5154	Trade and Commerce Bank	Violation of the Second Circuit's mandate regarding enforcement order requirements.
04/20/2018	17-1129	Free Press v. FCC	The legality of the Federal Communications Commission's reinstatement of the UHF discount and its implications for audience reach cap regulations.
04/20/2018	17-7071	Ronda Davis v. DC	Disparate impact of layoffs and degree requirements on African American employees.
04/20/2018	17-7146	Rosalie Simon v. Republic of Hungary	Prudential exhaustion and forum non-convenience in Holocaust-related claims.
04/23/2018	15-5080	John Croley v. Joint Committee on Judicial Ad	Rooker-Feldman Doctrine and ADA Accommodations
04/23/2018	17-1101	New Jersey Board of Public v. FERC	Definition and inclusion of congestion revenue in FTR calculations.
04/23/2018	17-1158	Cellco Partnership v. NLRB	Whether Verizon Wireless unlawfully terminated an employee due to anti-union animus.
04/26/2018	16-5298	Edward Ford Jr. v. Charles Massarone	Ex post facto claim regarding D.C. Code parole hearings.
04/26/2018	17-1160	Good Fortune Shipping SA v. Commissioner of IRS	Validity of IRS regulations on bearer shares and tax exemptions.
04/27/2018	18-5032	John Doe v. James Mattis	The primary legal issue is the authority of the U.S. government to transfer a U.S. citizen captured in a conflict zone to another country without judicial review.
04/30/2018	13-7169	Helmerich Payne Intl v. Bolivarian Rep. of Venezuela	Expropriation claims under the Foreign Sovereign Immunities Act (FSIA).

May, 2018

Date	File	Transcript	Topic
05/02/2018	07-1141	Ameren Services Company v. FERC	FERC's enforcement of just and reasonable rates and refund policies.
05/02/2018	13-5275	Lewis Waters v. Charles Lockett	Ineffective assistance of appellate counsel regarding self-defense withdrawal claim.
05/02/2018	17-7064	Alan Philipp v. Federal Republic of Germany	Jurisdiction over claims of genocidal taking under the Foreign Sovereign Immunities Act.
05/03/2018	17-1175	Peter Kelly v. DEA	Suspension of DEA registration due to failure to terminate an employee involved in prescription fraud.
05/04/2018	17-1219	Secretary of Labor v. Consolidation Coal Company	Determination of significant and substantial violations under the Mine Act.
05/04/2018	17-3046	USA v. Dustin Wilkins	Ineffective assistance of counsel and sentencing issues.
05/04/2018	18-5004	American Hospital Association v. Alex M. Azar II	Jurisdictional issues related to presentment and exhaustion in Medicare reimbursement claims.
05/07/2018	16-5333	Gregory Bartko v. DOJ	Exemption 6 and 7C of the Freedom of Information Act (FOIA) regarding disclosure of law enforcement records.
05/07/2018	17-1198	Sorenson Communications LLC v. FCC	The primary legal issue is the interpretation of “functional equivalence” under Section 225 of the Communications Act and its implications for the efficiency of telecommunications services for deaf individuals.
05/08/2018	15-3036	USA v. Cornell Barber	Eligibility for Armed Career Criminal Act (ACCA) based on the definition of “violent felony.”
05/08/2018	16-3123	USA v. Marlon Haight	Denial of continuance and ineffective assistance of counsel.
05/11/2018	17-5202	Hispanic Affairs Project v. R. Alexander Acosta	Validity of H2A visa regulations for shepherds under the Immigration and Nationality Act (INA).
05/11/2018	17-5204	Brittany Montrois v. USA	Authorization of IRS fees for tax preparer identification numbers (PTINs).
05/11/2018	17-7144	Jakks Pacific Inc. v. Accasvek LLC	The primary legal issue is the validity of a collateral attack on a judgment involving jurisdictional questions.
05/14/2018	17-1054	Nat l Business Aviation Assoc. v. Michael Huerta	Challenge to the validity of a settlement agreement and its finality under FAA regulations.
05/14/2018	17-7035	American Society for Testing v. Public.Resource.Org Inc.	Whether copyright can be used to prevent public access to legally incorporated standards.
05/16/2018	17-1229	Kids and Cars Inc.	Failure of the Department of Transportation to initiate mandated rulemaking for rear seatbelt warning system.
05/17/2018	17-1209	PMCM TV LLC v. FCC	Dispute over FCC's channel assignment and protocol application for a television station.
05/17/2018	17-5012	Gordon Reid v. Mark S. Inch	Mootness and reasonable expectation of recurrence of deprivations in prison conditions.
05/17/2018	18-5046	Amgen Inc. v. Alex Azar II	Interpretation of “fairly respond” standard in pediatric drug studies.

July, 2018

Date	File	MP3	Transcript	Topic
07/03/2018	16-1028		Browning-Ferris Industries of v. NLRB	Joint employer status and its implications for collective bargaining rights.

September, 2018

Date	File	Transcript	Topic
09/05/2018	17-1149	University of Southern CA v. NLRB	The primary legal issue is the managerial status of non-tenured faculty under the National Labor Relations Act.
09/05/2018	17-5111	Elouise Cobell v. Ryan Zinke	Allocation of attorney's fees and jurisdiction over related motions.
09/05/2018	17-7114	Daryl Agnew v. Government of the District of	Vagueness and discriminatory enforcement of a public obstruction statute.
09/06/2018	17-7118	Darryl Lewis v. Kalev Mutond	Scope of foreign official immunity in torture claims under the Torture Victim Protection Act.
09/06/2018	17-7154	Diag Human S.E. v. Czech Republic - Ministry of H	Enforcement of a foreign arbitral award under the New York Convention.
09/07/2018	17-1272	Paralyzed Veterans of America v. DOT	Jurisdictional authority of the agency's rulemaking.
09/07/2018	17-5246	Frank Palacios v. Richard Spencer	Jurisdiction over claims for equitable relief versus monetary damages under the Tucker Act.
09/07/2018	17-7172	Atlas Air Inc. v. International Brotherhood of	Determination of the status quo under the Railway Labor Act.
09/11/2018	16-1314	Samuel Masias v. EPA	Disparity in EPA's Standards for Air Quality Designations
09/11/2018	17-1204	Richard Liljeberg v. Cmsnr. IRS	Deductibility of travel expenses for foreign students under U.S. tax law.
09/11/2018	17-3005	USA v. Eric Hicks	Constitutional vagueness of sentencing enhancement provisions.
09/11/2018	17-5196	Nicopure Labs LLC v. FDA	First Amendment rights regarding truthful speech about e-cigarettes and modified risk claims.
09/11/2018	17-5248	Jorge Medina v. Jefferson Sessions III	Application of Section 922(g)(1) to an individual with a felony conviction.
09/11/2018	17-5269	Angelex Ltd. v. USA	Reasonableness of Coast Guard's vessel detention actions.
09/12/2018	17-7147	Larry Haynes v. District of Columbia Water an	Sufficiency of affidavit for additional discovery under Rule 56D.
09/13/2018	17-5225	Electronic Privacy Informatio v. IRS	Whether the IRS properly processed EPIC's FOIA request and the applicability of Exemption 3 under 6103K3.
09/13/2018	17-5238	Starr International Company v. USA	IRS denial of treaty benefits for tax refund.
09/14/2018	17-1116	Nicholas Bonacci v. TSA	TSA's authority to conduct passenger screening of airline crew members.
09/14/2018	17-3035	USA v. Antoine Miller	Fourth Amendment seizure and reasonable suspicion.
09/14/2018	18-5176	Kaspersky Lab Inc. v. DHS	Whether Congress can enact a permanent ban on a company without judicial review, constituting a bill of attainder.
09/17/2018	17-1221	Novato Healthcare Center v. NLRB	Unfair labor practices related to employee interrogation and terminations.
09/17/2018	17-7169	Kenneth Feld v. Fireman s Fund Insurance Comp	Contract formation and the existence of a binding agreement.
09/20/2018	17-1003	Maine Council of the Atlantic v. FERC	Challenge to the biological opinion's no jeopardy finding under the Endangered Species Act.
09/20/2018	17-5252	Sunday Iyoha v. Architect of the Capitol	Discriminatory bias in employment selection process.
09/20/2018	17-7151	Martin Scahill v. DC	Unconstitutional conditions on a liquor license.
09/21/2018	17-1189	Wayne J. Griffin Electric INc. Petitioner v. Secretary of Labor	Whether an employer under OSHA is required to review the work tasks of skilled employees to avoid automatic liability for their errors.
09/21/2018	17-5149	Stuart A. McKeever Appellant v. Jeff Sessions Attorney General	Whether Rule 6E allows a district court to release historically significant grand jury records after the grand jury has been discharged.
09/21/2018	17-5259	Rhea Lana Inc. et al. Appellants v. United States Department of Labor	Whether consignor volunteers are classified as employees under the Fair Labor Standards Act.
09/24/2018	17-1036	Sandwich Isles Communications Inc. Petitioner v. Federal Communications Commission et al.	The primary legal issue is the reasonableness of the FCC's decision regarding Sandwich Isles Communications' cost recovery for telecommunications infrastructure.
09/24/2018	17-3041	United States of America v Kevin Bertram Appellant	Failure to conduct a proper Rule 11 hearing regarding the defendant's guilty plea.
09/24/2018	17-5203	DCH Regional Medical Center Appellant v. Alex Michael Azar II in his official capacity as Secretary of Health and Human Services	Judicial review of executive agency action regarding Medicare reimbursement calculations.
09/26/2018	18-5093	Rochelle Garza v. Alex Azar, II	The primary legal issue is the constitutionality of government policies restricting abortion access for unaccompanied minors in federal custody.
09/28/2018	17-5095	David Pulphus v. Stephen Ayers	Government regulation of speech and viewpoint discrimination in a congressional art competition.
09/28/2018	18-7010	Rail Freight Fuel Surcharge	Class certification requirements under Rule 23(b)(3)

October, 2018

Date	File	Transcript	Topic
10/01/2018	14-1271	Hoopa Valley Tribe Petitioner v. Federal Energy Regulatory Commission	Interpretation of waiver provisions under the Clean Water Act.
10/01/2018	17-3033	United States of America v. Tyrone Wright Appellant	Whether the lower court's refusal to appoint new counsel for Mr. Wright constituted an abuse of discretion.
10/01/2018	17-5082	Estate of Earnest Lee Boyland et al. Appellants v. United States Department of Agriculture et al.	Discrimination in USDA claims process based on race and gender.
10/05/2018	16-1052	Alon Refining Krotz Springs v. EPA	EPA's authority to set the point of obligation under the Renewable Fuel Standard.
10/05/2018	17-1044	Coffeyville Resources Refining v. EPA	EPA's authority to set the point of obligation under the Renewable Fuel Standard.
10/09/2018	17-1268	Grecian Magnesite Mining v. Cmsnr. IRS	Taxability of gain from foreign partnership interest redemption as U.S. source income.
10/09/2018	17-3027	USA v. Alfredo Leyva	Ex post facto implications of sentencing enhancements based on alleged conduct after a guideline change.
10/09/2018	18-5017	Judicial Watch Inc. v. DOD	Disclosure of legal memoranda regarding the Osama bin Laden raid.
10/12/2018	17-1201	Environmental Defense Fund v. EPA	Public's right to know chemical identities versus EPA's confidentiality claims.
10/12/2018	17-3093	USA v. Joseph Hallford	Miranda custody determination based on objective circumstances.
10/12/2018	18-1112	Breckenridge Pharmaceutical v. FDA	FDA's authority to regulate prescription versus over-the-counter drug classifications based on safety concerns.
10/12/2018	18-7018	Marshall s Locksmith Service v. Google LLC	Communications Decency Act immunity and liability for false information.
10/15/2018	15-5207	Michael Johnson v. DC	Ex post facto claim regarding retroactive application of parole guidelines.
10/15/2018	17-1213	Nadia Matar v. TSA	Timeliness and standing regarding federal watch list status.
10/15/2018	17-3052	USA v. James Durrette	Attribution of drug quantity in conspiracy charges.
10/16/2018	17-1237	Mek Arden LLC v. NLRB	Whether the phrase “how are things going” constitutes unlawful solicitation of grievances under labor law.
10/16/2018	17-3065	USA v. Alvaro Alvaran-Velez	Application of ex post facto clause to sentencing guidelines changes.
10/16/2018	17-5207	Bassem Al-Tamimi v. Sheldon Adelson	Political question doctrine and justiciability of claims under the Alien Tort Statute.
10/17/2018	17-1243	State of North Carolina v. FERC	Whether the Federal Energy Regulatory Commission (FERC) acted arbitrarily and capriciously in granting a hydropower license to Alcoa despite claims of misrepresentation regarding the temporary status of operations at the Baden Works facility.
10/17/2018	17-3090	USA v. Francisco Flores	Sentencing guideline calculation and relevant conduct determination.
10/17/2018	17-5092	Sharon Reagan-Diaz v. Jeff Sessions	Failure to accommodate under the Rehabilitation Act.
10/18/2018	16-1377	Donald Vaughn v. FAA	Failure of the FAA to adequately assess noise impacts and consider noise reduction measures.
10/18/2018	17-5275	Judicial Watch Inc. v. Michael Pompeo	Mootness of the case regarding recovery of federal records.
10/18/2018	17-5278	Daniel Barker v. Patrick Conroy	Discrimination against an atheist in the context of legislative prayer.
10/19/2018	17-3068	USA v. James Bizzell	Standard of review for sentencing based on alleged erroneous factual findings.
10/19/2018	18-5099	John Doe 1 v. FEC	Disclosure of identities in Federal Election Commission investigations.
10/22/2018	17-5247	Oceana Inc. v. Wilbur Ross	Agency discretion in establishing bycatch observer methodology.
10/22/2018	18-1048	Mach Mining LLC v. MSHR	Interpretation and application of the record-keeping rule under 30 CFR 75.363(b).
10/23/2018	16-3066	USA v. Michael Bikundi Sr.	Speedy Trial Act compliance and evidentiary issues in healthcare fraud case.
10/25/2018	18-1026	National Lifeline Association v. FCC	Arbitrary and capricious rulemaking regarding Tribal Lifeline service and resellers.
10/26/2018	18-7050	Spanski Enterprises Inc. v. Telewizja Polska S.A.	Award of attorneys' fees based on misconduct and deterrence in copyright litigation.

November, 2018

Date	File	Transcript	Topic
11/01/2018	18-7051	Commonwealth Land Title Ins. v. KCI Technologies Inc.	Standing and assignment of rights in a breach of contract claim.
11/05/2018	17-3077	USA v. John Ausby	The primary legal issue is the impact of false forensic testimony on the jury's verdict.
11/05/2018	17-7155	D.C. Association of Chartered v. DC	Jurisdictional authority over local laws and congressional enactments.
11/06/2018	12-3042	USA v. Haji Bagcho	Denial of access to jury records for fair cross-section challenge.
11/06/2018	17-5048	Aron Dibacco v. The United States Department	Exemption claims under FOIA regarding national security documents.
11/06/2018	17-7056	Clarence Jackson v. Office of the Mayor DC	Res judicata and subject matter jurisdiction in bar admission claims.
11/06/2018	18-1001	Cayuga Medical Ctr. at Ithaca v. NLRB	Unfair labor practices related to union activity and employee rights.
11/07/2018	17-3080	USA v. Dennis Butler	False forensic testimony affecting trial outcome.
11/07/2018	18-5192	Alcresta Therapeutics Inc. v. Alex Azar II	Challenge to the coding decision for a medical device under Medicare reimbursement rules.
11/08/2018	17-5242	Gvt. Province of Manitoba v. Ryan Zinke	Standing of the State of Missouri to challenge federal water diversion.
11/08/2018	18-1028	Valero Energy Corporation v. EPA	EPA's compliance with the periodic review requirement under the Renewable Fuel Standard program.
11/08/2018	18-3052	Grand Jury Investigation	Constitutionality of the Special Counsel's Appointment
11/09/2018	17-1266	RERI Holdings I LLC v. Cmsnr. IRS	Disallowance of charitable contribution deduction and valuation penalties.
11/09/2018	18-7028	Velma Olu-Cole v. E.l. Haynes Public Charter Sc	Denial of state-put relief for a student with disabilities.
11/13/2018	18-1018	North Carolina Utilities Commi v. FERC	The primary legal issue is the validity of the Federal Energy Regulatory Commission's (FERC) approval of a recourse rate based on outdated data and its implications for market power and consumer protection.
11/13/2018	18-5037	Bradley Waterman v. IRS	Segregability of factual allegations in withheld IRS memos.
11/14/2018	18-3017	USA v. Joseph Park	Constitutionality of Section 2423 as applied to foreign conduct involving child sexual abuse.
11/15/2018	18-1111	NY Republican State Committee v. SEC	Authority of the SEC to regulate political contributions and campaign finance.
11/16/2018	17-1238	Midwest Terminals of Toledo In v. NLRB (MIDWEST II)	Validity of the National Labor Relations Board's findings regarding unfair labor practices and due process violations.
11/16/2018	17-1239	Midwest Terminals of Toledo v. NLRB (MIDWEST III)	Validity and interpretation of a memorandum of understanding regarding union dues checkoff obligations.
11/16/2018	17-7141	D.C. Healthcare Systems Inc. v. DC	Challenge to the application of Rooker-Feldman doctrine regarding state court decisions and federal jurisdiction.
11/16/2018	18-1017	Midwest Terminals of Toledo In v. NLRB (MIDWEST I)	Validity and interpretation of a memorandum of understanding regarding union dues checkoff obligations.
11/16/2018	18-1037	Pennsylvania Interscholastic v. NLRB	The classification of high school lacrosse officials as independent contractors or employees under labor law.
11/19/2018	17-1275	Exelon Corporation v. FERC	The primary legal issue is the interpretation of rate demands under Section 205 of the Federal Power Act in the context of market monitor interventions.
11/19/2018	17-5206	Daniel Barbosa v. DHS	Whether FEMA's use of unpublished rules in determining eligibility for home repair assistance violates FOIA and the Stafford Act.
11/19/2018	18-3003	USA v. Mir Islam	Violation of Rule 32.1 and due process rights regarding custody notification.
11/28/2018	17-1273	State of New York v. EPA	EPA's denial of petition to expand the ozone transport region.
11/28/2018	18-7047	Anatolie Stati v. Republic of Kazakhstan	Arbitration fairness and procedural compliance under the New York Convention.
11/28/2018	18-7057	Pao Tatneft v. Ukraine	Jurisdictional status of a private party under the Foreign Sovereign Immunities Act (FSIA).
11/30/2018	18-5227	Libertarian National Committee v. FEC	Content-based restrictions on political speech and campaign contributions.

December, 2018

Date	File	Transcript	Topic
12/04/2018	16-3125	USA v. Robert Kelsey	Qualification of expert witness testimony.
12/04/2018	18-1003	David Myers v. Cmsnr. IRS	Jurisdictional issues regarding IRS whistleblower determination letters.
12/04/2018	18-5116	Citizens for Responsibility v. DOJ	Whether Office of Legal Counsel opinions are subject to the FOIA reading room provision.
12/06/2018	17-3034	United States of America v. Lonnell G. Glover Appellant	Validity of plea and understanding of appellate rights.
12/06/2018	18-5214	United States of America Appellant v. AT T Inc. et al.	Merger's impact on competition and bargaining leverage.
12/07/2018	17-1098	Allegheny Defense Project v. FERC	NEPA compliance and public use in eminent domain.
12/07/2018	17-1135	The Town of Weymouth MA v. FERC	Whether the Federal Energy Regulatory Commission can issue a certificate of public convenience and necessity under the Natural Gas Act before a state issues its consistency determination under the Coastal Zone Management Act.
12/07/2018	18-5179	Natl. Parks Cons. Assoc. v. Todd Semonite	Interpretation of Section 110F of the National Historic Preservation Act regarding its applicability to a construction project affecting historic landmarks.
12/10/2018	16-1158	Sierra Club v. EPA	Whether changes to state monitoring plans constitute revisions to State Implementation Plans (SIPs) requiring formal procedures.
12/10/2018	17-5113	Elisa Cruz v. Kirstjen Nielsen	Denial of discovery in a Title VII discrimination case.
12/10/2018	18-5257	Jane Doe 2 v. Donald Trump	Constitutionality of military policy on transgender service members.
12/11/2018	18-1063	Duquesne University v. NLRB	Jurisdiction of the NLRB over faculty at a religious university.
12/11/2018	18-7066	Robert Shi v. New Mighty U.S. Trust	The primary legal issue is the application of the doctrine of forum non conveniens in a case involving Taiwanese inheritance law and trust assets.
12/12/2018	18-1102	Jeffrey Siegel v. Administrator of the FAA	Revocation of pilot certificate based on violation of drug possession regulations.
12/12/2018	18-5218	Planned Parenthood of Wiscons v. Alex Azar II	Challenge to agency's funding criteria and notice-and-comment rulemaking process.
12/13/2018	15-7034	Estate of Esther Klieman v. Palestinian Authority	Jurisdiction under the Anti-Terrorism Clarification Act.
12/13/2018	18-1108	Delaware Riverkeeper Network v. FERC	Violation of the National Environmental Policy Act by FERC regarding the discussion of reasonable alternatives.
12/13/2018	18-5020	Carlos Loumiet v. USA	The primary legal issue is the availability of a Bivens remedy for alleged retaliatory prosecution against federal officials in an administrative enforcement context.
12/14/2018	18-5105	Jeffrey A. Lovitky Appellant v. Donald J. Trump in his official capacity as President of the United States	Whether the President has a legal duty to amend financial disclosure statements filed as a candidate.
12/14/2018	18-5156	Hamed Sufyan Othman Almaqrami et al. Appellants v. Michael R. Pompeo In his official as Secretary of State et al.	Mootness of visa application claims due to fiscal year deadline.
12/18/2018	15-1385	Murray Energy Corporation v. EPA	EPA's authority to set ozone standards in light of background pollution levels.

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