154 results for 'court:"DC Circuit"'.
[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
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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
[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
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 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
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
[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. 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
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
[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