154 results for 'court:"DC Circuit"'.
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
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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
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: Administrative Law, Energy
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: Administrative Law, Energy
J. Millett reverses the district court's decision to overturn an administrative law judge's determination an individual was ineligible for supplemental security income due to a disability per new rules adopted by the Social Security Administration. Contrary to the district court's finding, the rules were not retroactively applied. However, the administrative law judge improperly analyzed proof from the individual's doctor; therefore, the case must be remanded. Reversed.
Court: DC Circuit, Judge: Millett, Filed On: July 28, 2023, Case #: 22-5050 , Categories: Administrative Law, Social Security
J. Srinivasan vacates the district court's finding for the Secretary of the Army on a veteran's challenge to the Army's assignment of a 20 percent, rather than 30 percent, disability rating following back and leg injuries he suffered in a car accident while on deployment. The secretary improperly adopted the Physical Disability Board of Review's conclusion, which did not assign a rating to the veteran's leg condition, despite the board's finding the condition contributed to his unfitness. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 22-5045 , Categories: Administrative Law, Military
J. Srinivasan grants a petition challenging the Securities and Exchange Commission's decision to change futures on the SPIKES Index to futures, rather than security futures, in order to promote competition with futures on the VIX Index. The SEC failed to sufficiently explain why SPIKES futures must be regulated as futures to promote competition.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 21-1038 , Categories: Securities
[Consolidated.] J. Pan denies petitions filed by bin Laden’s personal assistant to vacate his conspiracy conviction or remand to the military commission for resentencing. The evidence supports his conviction and he fails to show there was an abuse of discretion during sentencing.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 22-1097 , Categories: Sentencing, Conspiracy, Terrorism
J. Pan denies an environmental group's petition for review of the EPA's refusal to revise its regulation of corrosive materials. Some of the group's claims are untimely, and the group fails to show a "compelling cause" to disturb the EPA's decision.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 21-1187, Categories: Environment
J. Rao upholds the district court's dismissal of a family's action against Sudan in connection with a terrorist attack on their family. The Sudan Claims Resolution Act, which strips federal courts of jurisdiction to hear most terrorism-related claims, is not unconstitutional. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: July 21, 2023, Case #: 21-5250 , Categories: Terrorism, Jurisdiction
J. Katsas denies a former presidential candidate's petition for review regarding the constitutionality of the Presidential Primary Matching Payment Account Act, which funds certain expenses incurred by candidates during the primaries. The candidate fails to show the matching payment period definition in the Act is unconstitutional.
Court: DC Circuit, Judge: Katsas, Filed On: July 21, 2023, Case #: 21-1213 , Categories: Constitution, Elections
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
[Consolidated.] J. Millett dismisses two petitions challenging the Federal Energy Regulatory Commission's approval of the construction of a natural gas compressor station in Weymouth, Massachusetts. The petitioners lack Article III standing in one petition, and the district court lacks statutory jurisdiction over the second petition.
Court: DC Circuit, Judge: Millett, Filed On: July 21, 2023, Case #: 22-1146, Categories: Environment, Jurisdiction
[Consolidated.] J. Henderson reverses the trial court’s grant of summary judgment to several counties, trade groups and timber companies on their challenges to the president’s expansion of the Cascade-Siskiyou National Monument. The president has the authority to do so under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. Reversed.
Court: DC Circuit, Judge: Henderson, Filed On: July 18, 2023, Case #: 20-5008 , Categories: Government, Property
[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
[Consolidated.] J. Katsas upholds the dismissals of six individuals' actions seeking compensation from a fund for non-French nationals who were deported from France to concentration camps during the Holocaust. The Administrative Procedure Act does not provide them a cause of action, as the Department of State has discretion to administer the fund.
Court: DC Circuit, Judge: Katsas, Filed On: July 18, 2023, Case #: 22-5068 , Categories: Administrative Law, Agency
Per curiam, the circuit agrees with the district court that the descendants' of Jewish art firm owners, whom they claim were forced by the Nazi government in 1935 to sell medieval relics and devotional objects, cannot now argue the firm owners were not German nationals in an effort to dodge the Federal Republic of Germany's immunity defense. The descendants did not argue this theory until the appeal reached the Supreme Court, at which point it was not preserved. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-7126, Categories: Civil Procedure, Immunity
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: July 14, 2023, Case #: 22-1018 , Categories: Administrative Law, Energy
J. Rogers grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's approval of an implementation of a revised forfeiture rule for transmission rights. Although the commission properly refused to issue refunds to those who incurred forfeitures under an interim rule, it must explain why it did not require the consideration of leverage when a regional transmission organization determines net profit.
Court: DC Circuit, Judge: Rogers, Filed On: July 14, 2023, Case #: 22-1096 , Categories: Energy
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. 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