Latest 4 Cases: Jin O. Jin v. Parsons Corp. (Arbitration & Mediation), United States v. Wilkerson (Criminal Law), El Paso Natural Gas Co., LLC v. ...

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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Jin O. Jin v. Parsons Corp.

Docket: 19-7019

Opinion Date: July 24, 2020

Judge: Karen LeCraft Henderson

Areas of Law: Arbitration & Mediation

After plaintiff filed suit against Parsons for employment discrimination, Parsons moved to compel arbitration. The district court denied the motion, concluding that genuine disputes of material fact existed as to whether plaintiff agreed to arbitrate. The DC Circuit held that Section 4 of the Federal Arbitration Act makes plain that the district court, once it concluded that a genuine dispute of material fact existed as to whether plaintiff assented to the arbitration agreement, should have proceeded to try the issue of arbitrability. Section 4 allows the defendant to move the district court to compel the parties to arbitrate their dispute, but if arbitrability of the dispute itself is in issue, the FAA instructs the district court to proceed summarily to trial on that limited issue. Accordingly, the court vacated and remanded with instructions that the district court should hold the motion in abeyance pending its prompt resolution of whether the parties agreed to arbitrate.

United States v. Wilkerson

Docket: 10-3037

Opinion Date: July 24, 2020

Judge: Srikanth Srinivasan

Areas of Law: Criminal Law

Defendant was convicted on all counts related to his involvement in a violent narcotics-distribution conspiracy, except one count of aiding and abetting first-degree murder and a corresponding count of aiding and abetting continuing criminal enterprise (CCE) murder. Defendant was sentenced to life imprisonment. The DC Circuit affirmed defendant's convictions and sentence, holding that the district court did not err by dismissing a juror who, after deliberations began, expressed her disagreement with the applicable law and her inability to apply it. The court held that intent to disregard the law constitutes a valid ground for dismissing a juror and that the district court permissibly dismissed Juror 0552 on that basis. The court also held that the RICO conspiracy count was not time-barred; statements made by witnesses and the prosecution did not deprive defendant of a fair trial; the district court properly gave a Pinkerton instruction; the evidence was sufficient to support the two CCE murder counts; there was no Brady error; and defendant's claim that his indictment unlawfully relied on testimony from a witness obtained in violation of the witness's Fifth Amendment rights was rejected.

El Paso Natural Gas Co., LLC v. Federal Energy Regulatory Commission

Docket: 15-1323

Opinion Date: July 24, 2020

Judge: Per Curiam

Areas of Law: Energy, Oil & Gas Law, Government & Administrative Law

In three consolidated petitions for review, petitioners challenged five FERC orders on two intertwined El Paso rate cases under the Natural Gas Act, the 2008 Rate Case and the 2011 Rate Case. The DC Circuit denied the petitions for review, holding that FERC's removal of both the undistributed subsidiary earnings and the loan to El Paso's parent from the equity component of El Paso's capital structure was reasoned and supported by substantial evidence. The court also held that FERC's conclusion that El Paso had not demonstrated that its proposed rates would comply with the 1996 settlement was reasonable; FERC reasonably excluded the two compressor stations from El Paso's rate base; and FERC's approval of a zone-of-delivery rate design measured by contract-paths and its rejection of equilibration for lack of quantitative support were neither arbitrary nor contrary to law.

AdvancePierre Foods, Inc. v. National Labor Relations Board

Docket: 18-1219

Opinion Date: July 24, 2020

Judge: Karen LeCraft Henderson

Areas of Law: Labor & Employment Law

AdvancePierre petitioned for review of the Board's finding that it committed unfair labor practices (ULPs) over a five month span as the union conducted an organizing campaign. At issue is whether AdvancePierre unlawfully encouraged its employees to withdraw their union authorization cards, and the "read-aloud" remedy ordered by the Board. The DC Circuit denied AdvancePierre's petition for review, holding that Section 10(e) of the National Labor Relations Act limits the court's jurisdiction to matters first presented to the Board unless extraordinary circumstances excuse such failure. In this case, AdvancePierre's petition squarely collides with Section 10(e)'s jurisdictional barrier and the court is without authority to consider all but a small portion of the company's argument. Therefore, the court cannot consider AdvancePierre's argument regarding the company's unlawful solicitation of its employees to withdraw their union authorization cards because it was not preserved under Section 10(e). Furthermore, the court held that the Board's application of In re Mohawk Industries, 334 N.L.R.B. 1170 (2001), was not arbitrary or capricious and the Board's factual findings are supported by substantial evidence. In regard to the notice-reading remedy, the court held that the Board did not abuse its extremely broad discretion when it determined that the company's 17 ULPs were sufficiently serious and widespread to warrant a notice-reading.