14 results for 'judge:"Childs"'.
J. Childs vacates the district court's finding for the Small Business Administration on a concert tour company's challenge to the agency's rejection of its application for a $4.9 million grant in connection with Covid-19 under the Shuttered Venue Grants program. The agency ignored relevant proof supporting the company's eligibility for the grant, including more than 100 pages of creative elements it used to design concerts for the band, Twenty One Pilots, and its financial role in the tour. Vacated.
Court: DC Circuit, Judge: Childs, Filed On: May 3, 2024, Case #: 22-5253 , Categories: Administrative Law, Government
J. Childs upholds defendant's non-guidelines 52-month sentence for his guilty plea to assault on a federal officer with a dangerous weapon during the January 6 riot at the capitol. The record supports the trial court's enhancements for planning and use of a dangerous weapon. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: April 12, 2024, Case #: 22-3084 , Categories: Sentencing, Assault
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. 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
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
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[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
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
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
[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. Childs upholds the district court's denial of an inmate's motion for compassionate release. There are no extraordinary or compelling reasons warranting release. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 21, 2023, Case #: 21-3074 , Categories: Sentencing
J. Childs denies a mine operator's petition for review of the Secretary of Labor's determination regarding which history violations could be used when determining it owed more than $7,000 in penalties. The regulation regarding the history violation usage is ambiguous and the secretary's interpretation - that violations that become final during the 15-month look-back period will be included in an operator's violation history - is reasonable.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-1143 , Categories: Administrative Law, Energy
J. Childs finds the district court properly dismissed three environmental groups' challenge to a rule by a government-based finance company's creation of a rule that exempts it from reporting its transcripts, minutes and other information from its meetings. The Sunshine Act does not apply to the company because a majority of its board members are appointed to other positions and serve ex officio. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-5095 , Categories: Corporations, Government, Public Record