153 results for 'court:"DC Circuit"'.
Per curiam, the circuit grants, in part, 16 states’ and a group of industries’ petition for review of the Environmental Protection Agency's demand the states revise their state implementation plans under the Clean Air Act. They have sufficiently supported their claims the state implementation plan-call order must be vacated based on automatic exemptions, director's discretion provisions and affirmative defenses that are functionally exemptions.
Court: DC Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 15-1239 , Categories: Administrative Law, Environment
J. Rogers remands a news outlet's Freedom of Information Act case following the grant of summary judgment to the Department of Justice, which refused to release a monitor's report on a bank's conduct as a result of a deferred prosecution agreement related to money laundering. The district court must determine whether any part of the report can be released without harming protections under exemption 8 of the Act.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 22-5300 , Categories: Public Record, Banking / Lending
[Consolidated.] J. Edwards denies a hospital's petition for review of the National Labor Relations Board's upholding of the application of the successor bar rule, which allows an incumbent union an irrebuttable presumption of majority status for a reasonable time after a successor employer voluntarily recognizes the union. The application of the rule was consistent with the board's precedent, and was reasonable.
Court: DC Circuit, Judge: Edwards, Filed On: February 27, 2024, Case #: 22-1163 , Categories: Employment, Labor / Unions
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: Civil Rights, Education
J. Garcia dismisses as moot a nonprofit's challenge to the Federal Energy Regulatory Commission's grant of an energy company's request for a ruling that it's planned facility, which was to be built in Port St. Joe, Florida, fell outside the agency's regulatory jurisdiction. The company is not longer planning to build the facility.
Court: DC Circuit, Judge: Garcia, Filed On: February 16, 2024, Case #: 22-1251 , Categories: Administrative Law, Energy
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J. Childs upholds the district court's ruling the government properly redacted the names of certain low-level employees from a spreadsheet of salaries of those who worked on former President Trump's outgoing transition teams in a news publication's Freedom of Information Act case. The redactions were proper under exemption 6 under the Act, as release of the information would have been an invasion of privacy. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 16, 2024, Case #: 22-5330 , Categories: Elections, Public Record, Privacy
[Consolidated.] J. Rao vacates the National Labor Relations Board's conclusion that a medical transport company's refusal to fulfill information requests from its union during the Covid-19 pandemic violated the duty to bargain. The company was not required to fulfill the requests under its collective bargaining agreement with the union. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: February 16, 2024, Case #: 22-1261 , Categories: Covid-19, Contract, Labor / Unions
J. Edwards upholds the district court's dismissal of a medical company's case challenging the Centers for Medicare and Medicaid Services' issuance of two technical letters instructing Medicare contractors to deny reimbursement for claims for products manufactured by the company. The agency has rescinded the letters. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: February 16, 2024, Case #: 23-5020 , Categories: Administrative Law, Health Care, Medicare
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: Energy, Environment, Jurisdiction
[Consolidated.] J. Childs upholds the district court's vacation of the arbitrator's decisions in two ERISA cases concerning the employers' withdrawal penalties. Contrary to the arbitrator's conclusion, an actuary may base their assumption of the penalty on information after the measurement date when they are "'as of'" the measurement date. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 9, 2024, Case #: 22-7157, Categories: Erisa, Pensions
Per curiam, the circuit upholds the district court's denial of former President Trump’s motion to dismiss the government’s criminal indictment against him related to the January 6th breach of the Capitol Building. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.” Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-3228, Categories: Obstruction, Conspiracy
J. Rao upholds the district court's dismissal of a group's action challenging the Federal Election Commission's dismissal of its two administrative complaints, in which the group claims a Republican PAC and Senator Rick Scott violated certain election laws. The first dismissal was unreviewable based on prosecutorial discretion, and the second dismissal was reasonably based on record evidence that there was no reason to believe a violation had occurred. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: January 19, 2024, Case #: 22-5277 , Categories: Administrative Law, Elections
Per curiam, the circuit denies a petition for rehearing en banc in the case concerning the search of former President Trump's Twitter account. J. Rao, writing on the denial and joined by three other judges, says the circuit should not have "endorsed [the special counsel's] gambit" by granting his request for a warrant to access Trump’s Twitter account, along with a nondisclosure order preventing Trump from discovering the release of his records until months later. "Because these issues are likely to recur, I write separately to explain how the decisions in this case break with longstanding precedent and gut the constitutional protections for executive privilege.”
Court: DC Circuit, Judge: Per curiam, Filed On: January 16, 2024, Case #: 23-5044, Categories: Elections, Privacy, Privilege
J. Pan denies a group of electricity customers' petition for review concerning the Federal Energy Regulatory Commission's denial of their challenge to AEP's transmission rates in 2019. The commission properly interpreted AEP's tariff, and it adequately and reasonably its order regarding the inclusion of certain costs in the charged rate.
Court: DC Circuit, Judge: Pan, Filed On: January 12, 2024, Case #: 22-1166 , Categories: Administrative Law, Energy
J. Garcia upholds a labor board’s decision T-Mobile is unlawfully dominating T-Voice, a group established by the company in which it hand-picked the representatives to whom employees were directed to raise their grievances. The board reasonably rejected T-Mobile's argument the group is not a labor organization; therefore, the board’s order that T-Mobile disestablish T-Voice and post notices at its facilities stands.
Court: DC Circuit, Judge: Garcia, Filed On: January 12, 2024, Case #: 22-1310 , Categories: Communications, Labor / Unions
J. Wilkins vacates the district court's order partially denying a woman's motion to seal in her injury case against a university. The district court failed to consider all of the required factors, including whether public interest outweighs her interest in medical privacy. Vacated.
Court: DC Circuit, Judge: Wilkins, Filed On: January 9, 2024, Case #: 22-7148 , Categories: Civil Procedure, Tort, Privacy
J. Henderson upholds a 12-month sentence for a protester who was convicted of four misdemeanors in connection with his part in the U.S. Capitol protest on January 6th, 2021. The district court adequately weighed the various factors and the sentence is within guidelines. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: January 5, 2024, Case #: 23-3023 , Categories: Sentencing
J. Rogers finds the district court properly dismissed a group's challenge to the Federal Election Commission's dismissal of its campaign finance allegations against two presidential campaign committees. The commission's dismissal is precluded from review because it was based on its prosecutorial discretion. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: January 5, 2024, Case #: 22-5339 , Categories: Administrative Law, Civil Procedure, Elections
J. Henderson denies a city's petition for review of the Federal Energy Regulatory Commission's rejection of a power pool proposal regarding the shifting of electricity-related costs to certain customers. The commission properly concluded the city failed to show the rates are just and reasonable.
Court: DC Circuit, Judge: Henderson, Filed On: January 2, 2024, Case #: 22-1205, Categories: Administrative Law, Energy
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: Civil Procedure, Tort, Negligence
[Amended.] J. Millett vacates, in part, a district court order that places limits on what Donald Trump can publicly say about those involved in the government's case against him for allegedly conspiring to overturn the 2020 election. Although Trump is still barred from making public statements about witnesses, counsel and court staff, along with their family members, limitations outside those parameters are vacated, as the order "sweeps in more protected speech than is necessary." Vacated in part.
Court: DC Circuit, Judge: Millett, Filed On: December 20, 2023, Case #: 23-3190 , Categories: Restraining Order, First Amendment
J. Childs upholds the district court's dismissal of a former FBI agent’s due process claims arising from his termination, which occurred following an investigation into his mishandling of allegations of molestation against USA Gymnastics doctor Lawrence Gerard Nassar. The agent fails to adequately plead a deprivation of a liberty or property interest without due process, and also does not show he suffered defamation in connection with his termination. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: December 12, 2023, Case #: 22-5264 , Categories: Employment, Defamation, Due Process
J. Millett vacates, in part, a district court order that places limits on what Donald Trump can publicly say about those involved in the government’s case against him for allegedly conspiring to overturn the 2020 election. Although Trump is still barred from making public statements about witnesses, counsel and court staff, along with their family members, limitations outside those parameters are vacated, as the order "sweeps in more protected speech than is necessary." Vacated in part.
Court: DC Circuit, Judge: Millett, Filed On: December 8, 2023, Case #: 23-3190 , Categories: Civil Procedure, Restraining Order, First Amendment
J. Edwards upholds a $430 million arbitration award against the Bolivarian Republic of Venezuela arising from the country’s forcible occupation and expropriation of two Spanish companies. The district court properly adhered to the International Centre for Settlement of Investment Disputes convention and applied the full faith and credit requirement that it neither examine the center's award's merits, its compliance with international law or its jurisdiction.
Court: DC Circuit, Judge: Edwards, Filed On: December 8, 2023, Case #: 23-7077 , Categories: Arbitration, International Law
J. Srinivasan upholds the district court’s refusal to dismiss claims against Donald Trump that he conspired with political allies and supporters to attain a second term following the 2020 election. Trump is not protected by a President's official-act immunity, as engaging in a campaign for re-election is not an official presidential act. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: December 1, 2023, Case #: 22-5069 , Categories: Elections, Immunity
[Consolidated.] J. Childs denies petitions for review of the Federal Energy Regulatory Commission's orders concerning a regional transmission organization's request for revisions to its open access transmission tariff for the planning of end of life needs. Contrary to the consumer-side stakeholders' claims, the commission reasonably explained its decisions, and it did not act arbitrarily or capriciously.
Court: DC Circuit, Judge: Childs, Filed On: November 17, 2023, Case #: 20-1449 , Categories: Energy, Securities
[Consolidated.] J. Randolph denies Rite Aid's petition for review of the National Labor Relations Board’s determination it had committed unfair labor practices when it refused to continue to negotiate with the union about the employees' benefit plan and unilaterally instituted its own plan. Contrary to Rite Aid's argument, the parties had not reached an impasse.
Court: DC Circuit, Judge: Randolph, Filed On: November 3, 2023, Case #: 22-1204, Categories: Employment, Labor / Unions
[Amended.] J. Wilkins grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's creation of a new energy transmission service in the southeast. The commission failed to sufficiently support the requested tariff revisions, and must also explain how the new service is not a loose power pool.
Court: DC Circuit, Judge: Wilkins, Filed On: September 19, 2023, Case #: 22-1018 , Categories: Energy