Opinion — No. 22-5253 (Dkt. 1208619246)

Summary

An opinion of the United States Court of Appeals for the District of Columbia Circuit in Concert Investor, LLC v. Small Business Administration, No. 22-5253, argued November 16, 2023 and decided May 3, 2024, written by Circuit Judge Childs. Concert Investor, a Nashville business that helps mount concert tours, applied for a Shuttered Venue Operators Grant of $4,988,317.35 as a live performing arts organization operator, and the SBA denied it, finding the company did not produce concerts. The district court, in No. 1:21-cv-03150, granted summary judgment to the SBA. The court holds that the SBA's "all aspects" definition of producer is inconsistent with the disjunctive statutory list in 15 U.S.C. § 9009a. It vacates the district court's order and remands for the SBA to reconsider the application on the complete administrative record.

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