154 results for 'court:"DC Circuit"'.
J. Edwards upholds the district court's dismissal of a family's claims arising from delays caused by security screenings they endured during their domestic and international travels. They fail to show they have standing to pursue their claims. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: May 14, 2024, Case #: 23-5074 , Categories: Administrative Law, Constitution
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, Employment Discrimination
J. Pillard denies petitions for review filed by the petroleum industry and renewable fuel industry challenging renewable fuel production standards set by the Environmental Protection Agency for 2020 to 2022. The EPA adequately justified its decisions, and the industries fail to show the standards are unreasonable.
Court: DC Circuit, Judge: Pillard, Filed On: May 14, 2024, Case #: 22-1210 , Categories: Energy, Environment
J. Rogers upholds the district court's denial to the Government of Romania on its motion for relief from judgments that confirmed a $356 million arbitration award against it. The district court did not lack jurisdiction to enter the judgments, as Romania was not part of the EU, which allegedly has a law that invalidates the arbitration agreement, when the dispute began. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: May 14, 2024, Case #: 23-7008 , Categories: Arbitration, Choice Of Law, Jurisdiction
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, Employment Discrimination
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Garcia upholds Stephen Bannon's convictions for failing to respond to a congressional subpoena in connection with the January 6th attack on the capitol. His defense - that his counsel advised him to ignore the subpoena - does not shield him from the law. Affirmed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-3086 , Categories: Contempt
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: Employment, Government, Due Process
J. Pan upholds the district court's finding for the government agencies on three environmental groups' challenge to their assessments regarding the effects the dredging of the San Juan Harbor will have on the environment and endangered species. The groups fail to show the agencies' determinations were arbitrary or capricious. Affirmed.
Court: DC Circuit, Judge: Pan, Filed On: May 3, 2024, Case #: 23-5189 , Categories: Environment, Water
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. 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
[Consolidated.] J. Walker refuses to grant petitions for review filed by environmental groups that challenge the Federal Energy Regulator Commission's certification of an expansion of pipelines and facilities for the Evangeline Pass Expansion Project in the Southeastern U.S. The agency reasonably explained its decision, and the certification was reasonable.
Court: DC Circuit, Judge: Walker, Filed On: April 30, 2024, Case #: 22-1101 , Categories: Administrative Law, Energy, Environment
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. Millett upholds the district court's order quashing seven victims' writs of execution pertaining to their efforts to attach assets held by the World Bank to satisfy multi-million-dollar default judgments they received on their claims arising from terrorist attacks. The World Bank has statutory immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: April 26, 2024, Case #: 22-7134 , Categories: Terrorism, Immunity, Enforcement Of Judgments
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, Tax
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, Labor / Unions
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: Evidence, Sentencing, Conspiracy
J. Ginsburg upholds defendant's conviction for being a felon in possession of a firearm. Contrary to defendant's argument, the trial court was not required to suppress evidence, as the officers' protective pat-down search was justified. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: April 16, 2024, Case #: 22-3024 , Categories: Evidence, Firearms, Search
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. 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. Edwards grants the National Labor Relations Board's application to enforce its order against a hotel requiring it to rescind the room-cleaning quotas demanded of housekeepers after it replaced half of the building's bathtubs with harder-to-clean, glass-walled showers. The hotel failed to give the housekeepers' union a meaningful chance to bargain before altering the workers' duties.
Court: DC Circuit, Judge: Edwards, Filed On: April 9, 2024, Case #: 23-1029 , Categories: Labor / Unions
[Consolidated.] Per curiam, the circuit shuts down challenges made by 17 states and a group of liquid fuel entities to the Environmental Protection Agency's reinstatement of a waiver of federal preemption for two California rules that limit greenhouse gas emissions and require a certain percentage of new cars made in the state be zero-emissions vehicles. The entities and states lack standing to bring their respective statutory and preemption claims, while the states also fail to show the EPA's decision unconstitutionally infringed on states' sovereign authority.
Court: DC Circuit, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1081 , Categories: Constitution, Energy, Environment
J. Pan reverses the district court’s finding for the National Association of Realtors, which had petitioned to set aside a new investigative subpoena issued by the Department of Justice pertaining to its investigation into NAR’s allegedly anti-competitive, commission-related practices. Contrary to the district court’s finding, the DOJ had the power to withdraw its previous proposed consent judgment and reopen its investigation.
Court: DC Circuit, Judge: Pan, Filed On: April 5, 2024, Case #: 23-5065 , Categories: Administrative Law, Antitrust, Real Estate
[Consolidated.] J. Pan grants, in part, two Chinese companies' petitions for review of the Federal Communications Commission's order banning the companies' video surveillance equipment for certain uses in the U.S., including surveillance of critical infrastructure. Although the ban is upheld, the order is remanded to the commission so it can define "critical infrastructure" to comport with the National Defense Authorization Act.
Court: DC Circuit, Judge: Pan, Filed On: April 2, 2024, Case #: 23-1032 , Categories: Commerce, Communications
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: Ineffective Assistance, Kidnapping, Restraining Order
[Consolidated.] J. Pan denies two environmental groups' petitions for review challenging the Federal Energy Regulatory Commission's grant of extensions of time to two developers for their pipeline construction projects. The standards adopted by FERC are reasonable and fall within its discretion.
Court: DC Circuit, Judge: Pan, Filed On: March 29, 2024, Case #: 22-1233 , Categories: Energy, Environment
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
J. Rogers denies UPS’s petition for review challenging the Postal Regulatory Commission’s formula for the appropriate share of USPS’s institutional costs to be covered by USPS’s competitive services, like package delivery. The commission acted reasonably and fully explained its conclusions.
Court: DC Circuit, Judge: Rogers, Filed On: March 22, 2024, Case #: 23-1006 , Categories: Administrative Law
J. Henderson upholds the district court's rejection of a Venezuelan-Italian citizen's challenge to the Department of the Treasury's designation of him as a specially designated narcotics trafficker. The department, which based its designation on evidence of the trafficker's laundering of drug money and organization of international cocaine shipments, among other things, gave him proper notice and an opportunity to be heard. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: March 12, 2024, Case #: 23-5036 , Categories: International Law, Due Process