Articles Posted in US Court of Appeals for the District of Columbia Circuit

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AFDI filed suit against WMATA and its then-general manager, alleging that WMATA's refusal to display its advertisements violated its rights to free speech and equal protection under the First and Fourteenth Amendments. The district court granted summary judgment to WMATA. Determining that the case was justiciable, the DC Circuit held that WMATA's advertising space was a nonpublic forum and that its restrictions were viewpoint-neutral. In this case, the court rejected AFDI's as-applied challenge, AFDI's claim that the ban on issue-oriented advertising was facially unconstitutional; and AFDI's claim that Guideline 12 was an unconstitutional prohibition of religious and antireligious views. The court remanded to the district court to determine whether the restrictions were reasonable in light of Minnesota Voters Alliance v. Mansky, 138 S. Ct. 1876 (2018). Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "American Freedom Defense Initiative v. Washington Metropolitan Transit Authority" on Justia Law

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Hensel Phelps filed suit alleging breach of contract and indemnification claims against Marriott for, among other things, failing to meet the applicable standard of care and by failing to design the Project in accordance with applicable fire codes. The DC Circuit affirmed the district court's grant of summary judgment to Cooper Carry, holding that the statute of limitations has run on Hensel Phelp's breach of contract claim, and the terms of the indemnification clause did not cover first party claims. View "Hensel Phelps Construction Co. v. Cooper Carry Inc." on Justia Law