The D.C. Circuit published eight opinions this week, including two on the Foreign Sovereign Immunities Act (here and here), one on standing to appeal a denial of a motion for class certification, another on the constitutionality of the Digital Millennium Copyright Act (spoiler alert: the facial challenges failed), and one on what I trust is […]

The D.C. Circuit released eight opinions last week, including one under seal. The subjects ranged widely and included contract law, personal jurisdiction, insurance law, a defamation action, and the Speech or Debate Clause. In Husky Marketing and Supply Company v. FERC, the D.C. Circuit denied petitions for review of FERC orders approving rates for crude-oil […]

The D.C. Circuit published three opinions last week. United States v. Bannon was the most newsworthy of last week’s cases. Steve Bannon was subpoenaed to testify before Congress. He refused, citing advice of counsel. In 1961, the D.C. Circuit held that there is no “advice of counsel” defense to prosecution for contempt of Congress. In […]