10 results for 'judge:"Pillard"'.
J. Pillard reverses the tax court's finding the IRS does not have the authority to assess and collect a $500,000 penalty against a taxpayer who initially failed to report his ownership of Belizean corporations. Congress authorized the agency to assess these types of penalties, and the agency is not required to sue taxpayers in federal court to collect the penalties. Reversed.
Court: DC Circuit, Judge: Pillard, Filed On: May 3, 2024, Case #: 23-1179, Categories: Tax
J. Pillard upholds the trial court's refusal to suppress evidence retrieved from defendant's cell phone during his trial on unlawfully trafficking and transporting firearms. The search warrant for the phone, which was found near a different suspect, relied on its association with that suspect and its evidentiary value, rather than ownership of the phone. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 30, 2024, Case #: 22-3069 , Categories: Evidence, Firearms, Search
J. Pillard upholds defendant's conviction for demonstrating in the capitol building and his seven-month sentence. The law's prohibition on demonstrating, parading or picketing in the capitol building is not overbroad or vague, and the trial court did not increase his sentence because he exercised his right to trial. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 9, 2024, Case #: 23-3069 , 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. 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
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[Consolidated.] J. Pillard denies the refineries' petitions for review of the EPA's rule regarding an extension of time to comply with belatedly-released renewable fuel standards that is shorter than it was in the past. The EPA is not required to offer the refineries 12-month or 13-month compliance intervals under the Clean Air Act.
Court: DC Circuit, Judge: Pillard, Filed On: July 18, 2023, Case #: 22-1015 , Categories: Energy, Environment
J. Pillard upholds the district court's dismissal of seven individuals' First Amendment claims arising from their arrest for breaking the mayor's curfew, which was instituted in response to riots, vandalism and looting following the death of George Floyd. The curfew order was a valid time, place and manner restriction. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: July 7, 2023, Case #: 22-7047 , Categories: Civil Rights, First Amendment
J. Pillard denies a mining company and its manager's petition for review of the Mine Safety and Health Administration's orders, which cited them for continuing to work following the release of high levels of methane. Evidence supports the administration's finding the violations were unwarrantable failures due, in part, to the unreasonableness of the company's decision to clearly violate regulations by keeping the drill energized during the methane release.
Court: DC Circuit, Judge: Pillard, Filed On: June 16, 2023, Case #: 22-1242 , Categories: Administrative Law, Energy
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him an award after he reported a condo development group had dodged paying taxes. Although the IRS discovered the group had taken an improper deduction and required it to pay a large tax adjustment, the deduction was unrelated to the issue on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 21-1268 , Categories: Tax, Whistleblowers
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him a whistleblower award for reporting on a company. Although the IRS ordered the company to pay tax adjustments, these were unrelated to the issues on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 22-1006 , Categories: Tax, Whistleblowers