153 results for 'court:"DC Circuit"'.
J. Rao finds the district court needs to take another look at communications on Representative Scott Perry’s phone, which was seized following allegations he used it to discuss fraud in the 2020 election, and determine whether certain messages are privileged. Certain acts of informal factfinding may be privileged under the Speech or Debate Clause. Vacated in part.
Court: DC Circuit, Judge: Rao, Filed On: September 13, 2023, Case #: 23-3001 , Categories: Elections, Government, Privilege
J. Pan vacates the Consumer Product Safety Commission's rule that prohibits corded window products. The commission did not provide the required notice and comment periods, improperly relied on certain information in its cost-benefit analysis and chose an arbitrary effective date. Vacated.
Court: DC Circuit, Judge: Pan, Filed On: September 12, 2023, Case #: 22-1300 , Categories: Administrative Law, Consumer Law
J. Katsas upholds the district court's refusal to award injunctive relief to three developers of technical standards in their copyright infringement case against a nonprofit that releases their published technical standards online for free. The non-commercial release of standards that have been incorporated by reference into law constitutes fair use. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: September 12, 2023, Case #: 22-7063 , Categories: Copyright
J. Katsas upholds the district court's decision to set aside a review board's determination that a hospital failed to prove an undercount of its Medicare patients who were entitled to social security income benefits, which in turn, would have entitled the hospital to greater Medicare reimbursements. The hospital provided evidence to support its undercount claim, to which the Department of Health and Human Services did not respond. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: September 1, 2023, Case #: 20-5350 , Categories: Administrative Law, Health Care, Medicare
J. Katsas finds the district court properly found for the Secretary of Health and Human Services on 200 hospitals action seeking additional Medicare-related reimbursements. Additional reimbursements are paid only for patients receiving cash payments for supplemental security income benefits, not patients receiving a subsidy under Medicare Part D and vocational training. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: September 1, 2023, Case #: 22-5214, Categories: Health Care, Medicare
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[Consolidated.] J. Pan reverses, in part, the district court's finding that a rule issued by the Department of Education that prohibits federal student loan guarantors from charging debt collection costs to borrowers who seek to cure their default within 60 days as exceeding the the department's authority. The rule is consistent with the Higher Education Act, and is neither arbitrary nor capricious. Reversed in part.
Court: DC Circuit, Judge: Pan, Filed On: August 29, 2023, Case #: 22-5104 , Categories: Education, Government, Banking / Lending
J. Rao finds the Securities and Exchange Commission arbitrarily denied a company’s bitcoin fund after recently approving two other bitcoin futures funds for trading. The SEC failed to explain why it treated similar products differently. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: August 29, 2023, Case #: 22-1142 , Categories: Administrative Law, Securities
[Consolidated.] J. Rao grants, in part, a company's petition for review regarding the Food and Drug Administration denial of its applications to market certain vape products. The FDA did not fully analyze the health benefits of the company's unflavored vape products before denying its application.
Court: DC Circuit, Judge: Rao, Filed On: August 29, 2023, Case #: 22-1076 , Categories: Administrative Law, Consumer Law
J. Srinivasan reverses the district court's finding for the government on a publisher's constitutional challenge to the requirement it submit two copies of a printed work within three months of publication or face fines. The Copyright Office’s application of the requirement under the Copyright Act was an unconstitutional taking. Reversed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 29, 2023, Case #: 21-5203 , Categories: Constitution, Copyright
J. Childs upholds the district court's dismissal of the Federal Trade Commission's Sherman Act claims against a group of pharmaceutical companies following an agreement that led to the increase in the cost of oxymorphone. The agreement at issue does not "meaningfully differ[] from a standard exclusive license, which both the Supreme Court and the Patent Act have blessed as lawful." Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: August 25, 2023, Case #: 22-5137 , Categories: Health Care, Licensing
[Consolidated.] J. Wilkins vacates, in part, the Surface Transportation Board's order approving a new rail line in the Uinta Basin in Utah, along with the underlying environmental impact statement and biological opinion. The board fails to show it weighed both the environmental impact of the new railway with its potential economic benefits. Vacated in part.
Court: DC Circuit, Judge: Wilkins, Filed On: August 18, 2023, Case #: 22-1019 , Categories: Environment, Transportation
J. Walker vacates defendant's 60-day prison sentence and three years probation following his guilty plea to the petty offense related to his rioting inside the Capitol. Although the district court could choose to sentence him to a prison term, fine him or both, or, alternatively, sentence him to probation without a fine, it could not "mix and match those options." Vacated.
Court: DC Circuit, Judge: Walker, Filed On: August 18, 2023, Case #: 22-3018 , Categories: Sentencing
[Consolidated.] J. Pillard upholds the district court's dismissal of two groups of South African residents' challenge to the delay in the U.S. government's processing of their visa applications, which they completed after each making at least $500,000 investments in qualifying U.S. job-creating enterprises. They fail to show the 4-year delay is unreasonable, or that the government is not following its processing policy. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: August 18, 2023, Case #: 22-5313 , Categories: Immigration
J. Srinivasan vacates the district court's finding for the Department of Veterans Affairs on a law firm's Freedom of Information Act case pertaining to documents concerning veterans and VA beneficiaries who are added to a background check system that identifies those barred from owning guns for having been adjudicated as "'mental defectives.'" The VA fails to show the documents it withheld on deliberative process and attorney-client privileges are exempt from disclosure. Vacated in part.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 18, 2023, Case #: 21-5108 , Categories: Public Record, Veterans
J. Katsas denies two Chinese companies petition for review of the Federal Communications Commission's revocation of their authorizations to operate communication lines in the U.S. after finding they pose national security risks and were untrustworthy. The commission conducted an adequate process and its decision was not arbitrary.
Court: DC Circuit, Judge: Katsas, Filed On: August 15, 2023, Case #: 22-1054, Categories: Administrative Law, Communications
J. Rao reverses the district court's dismissal of two pro-lifer groups’ First Amendment action related to the arrest of two students for chalking “Black Pre-Born Lives Matter” on a public sidewalk after the district had refused to arrest the thousands of Black Lives Matter protesters who covered storefronts and streets with their message. The groups have plausibly alleged the district discriminated on the basis of viewpoint. Reversed in part.
Court: DC Circuit, Judge: Rao, Filed On: August 15, 2023, Case #: 21-7108 , Categories: Civil Rights, First Amendment
[Consolidated.] J. Rao denies a maritime company's petition for review of the Maritime Administration's approval of a shipping company's request to replace two vessels in the Pacific trade. The maritime company was not a party in the replacement proceedings and, therefore, the district court lacks jurisdiction under the Hobbs Act.
Court: DC Circuit, Judge: Rao, Filed On: August 15, 2023, Case #: 21-1137 , Categories: Maritime, Jurisdiction
J. Childs upholds the district court's refusal to impose an injunction in an Individuals with Disabilities Education Act case in which the district was unable to locate a residential treatment center for a student after he was discharged from his previous center. The stay-put provision, which requires a student remain in his then-current educational placement during the pendency of proceedings, does not apply to this case. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: August 15, 2023, Case #: 21-7134 , Categories: Education
[Consolidated.] J. Childs denies several electricity suppliers' petitions for review of the Federal Energy Regulatory Commission's decision to eliminate a default offer cap in connection with offers submitted in a capacity market. The commission did not act capriciously or arbitrarily when it required a unit-specific review, and sufficiently explained its reasons for doing so.
Court: DC Circuit, Judge: Childs, Filed On: August 15, 2023, Case #: 21-1214 , Categories: Administrative Law, Energy
[Consolidated.] J. Childs denies an energy company's petitions for review regarding Federal Energy Regulatory Commission's decision to exercise primary jurisdiction over its dispute regarding rates charged by a pipeline company for the transportation of natural gas to its electric power generating plant and determining the incremental rate was appropriate under the pipeline's tariff. The energy company fails to show the commissioner's exercise of jurisdiction or its decision was arbitrary or capricious.
Court: DC Circuit, Judge: Childs, Filed On: August 11, 2023, Case #: 21-1195 , Categories: Administrative Law, Energy
Per curiam, the circuit dismisses a petition for review filed by a union that represents immigration judges, in which it challenges the Federal Labor Relations Authority's decision to uphold a determination that the judges are management officials and, therefore, barred from unionizing. The district court lacks jurisdiction, as the union's second motion for reconsideration remains pending before the authority.
Court: DC Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 22-1028, Categories: Civil Procedure, Labor / Unions
J. Wilkins reverses, in part, the district court's summary judgment finding for the FBI on an employee's race discrimination claim. There is a dispute of fact regarding her claim pertaining to the rescission of an offer to transfer her to a different unit following her protected activity. Reversed in part.
Court: DC Circuit, Judge: Wilkins, Filed On: August 10, 2023, Case #: 21-5097 , Categories: Employment, Employment Discrimination
J. Pan upholds a $350,000 sanction against Twitter for its 3-day delay in producing info required by a search warrant related to the @realDonaldTrump account while it litigated its objections to a nondisclosure order pertaining to the warrant. Twitter was provided a hearing, and the district court properly rejected its good faith and compliance defense, as this defense does not excuse contempt. Affirmed.
Court: DC Circuit, Judge: Pan, Filed On: August 9, 2023, Case #: 23-5044 , Categories: Communications, Sanctions
J. Pillard upholds, in part, the district court's refusal to dismiss claims by certain individuals seeking compensation from the Republic of Hungary for property seized during the Holocaust. Four of the 12 individuals have plausibly alleged they were Czechoslovakian nationals at the time of the takings and, therefore, their claims fall under the expropriation exception to the Foreign Sovereign Immunities Act. Affirmed in part.
Court: DC Circuit, Judge: Pillard, Filed On: August 8, 2023, Case #: 22-7010 , Categories: Tort, Immunity
J. Srinivasan find the district court properly dismissed a wireless company's action against the Internal Revenue Service challenging more than $1 million in exactions imposed after the company allegedly failed to abide by coverage rules under the Affordable Care Act. The district court lacked jurisdiction, as the exaction is considered a tax. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 8, 2023, Case #: 22-5121 , Categories: Health Care, Tax
[Consolidated.] J. Childs denies and dismisses, in part, two utilities' petitions for review challenging the Federal Energy Regulatory Commission's approval of more than $18 million in upgrade charges. The commission's decision to rely on extrinsic evidence to determine the tariff at issue allows for a certain methodology was not arbitrary and capricious, and the utilities failed to exhaust their administrative remedies for their claim related to an alleged violation of the filed rate doctrine.
Court: DC Circuit, Judge: Childs, Filed On: August 4, 2023, Case #: 20-1429 , Categories: Administrative Law, Energy
J. Wilkins vacates the Federal Mine Safety and Health Review Commission's decision that a mine inspector's citations to an independent trucking company located near one of its client's mining sites were invalid under the Mine Act. The commission erroneously interpreted the terms "mine" and "operator" under the Act, and the case must be remanded to allow the Secretary of Labor to interpret the Act's ambiguous language. Vacated.
Court: DC Circuit, Judge: Wilkins, Filed On: August 1, 2023, Case #: 22-1071 , Categories: Administrative Law, Energy
J. Srinivasan holds the trial court improperly refused to suppress evidence of a handgun during defendant's trial on a firearms charge. Defendant was seized at the time the officer asked him to reveal his waistband and the government fails to show there was reasonable suspicion to support the seizure. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 1, 2023, Case #: 22-3017, Categories: Constitution, Firearms, Search
J. Srinivasan upholds defendant's wire fraud and other convictions and 8-year sentence related to her embezzlement of more than $1 million from her former employer. The trial court's jury instructions and the weight of the evidence against her rendered any error in the admission of certain evidence harmless, while the sentencing enhancement was properly applied. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 1, 2023, Case #: 21-3075 , Categories: Fraud, Sentencing, Embezzlement