Case law

Telecommunications Research And Action Center v. Federal Communications Commission

836 F.2d 1349 · Court of Appeals for the D.C. Circuit · Jan 19, 1988

The 1982 statute clearly mandates minority and media ownership diversity preferences in any system of random selection. See 47 U.S.C. … Sec. 309 (i)(3). 26 43 In contrast, the decision of what kind of lottery system to establish in what circumstances clearly lies within the discretion of the Commission.

Telecommunications Research & Action Center v. Federal Communications Commission

836 F.2d 1349 · Court of Appeals for the D.C. Circuit · Jan 5, 1988

The 1982 statute clearly mandates minority and media ownership diversity preferences in any system of random selection. … . § 309 (i)(3). 26 In contrast, the decision of what kind of lottery system to establish in what circum *14 stances clearly lies within the discretion of the Commission.

Marian Aldena Daye v. Patricia R. Harris, Secretary, Department of Health and Human Services

655 F.2d 258 · Court of Appeals for the D.C. Circuit · Jan 15, 1981

Thus, the district court clearly erred in holding that “there is no evidence from which it can be inferred that it was more likely than not that racial considerations were involved[.]” Daye v. … Daye proved that she was qualified for the position, that she was rejected, and that the defendant chose a similarly qualified applicant of another race.

Ballerina Pen Company v. Robert L. Kunzig

433 F.2d 1204 · Court of Appeals for the D.C. Circuit · May 8, 1970

Sovereign immunity. 2. Judicial nonreviewability. 3. Lack of standing to sue. 4. … This allegation, however, along with others advanced by the appellants, clearly constitutes the kind of prima facie showing *1211 called for by the criteria established by this court in Sccmwell Laboratories.

United States Telecom Ass'n v. Federal Communications Commission

825 F.3d 674 · Court of Appeals for the D.C. Circuit · Jun 14, 2016

Applying the principles of statutory interpretation established in Chevron U.S.A. Inc. v. … telephone users cannot establish a connection to IP users.

Judicial Watch, Inc. v. U.S. Dep't of State

306 F. Supp. 3d 97 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

defined as agencies under FOIA to qualify as "inter-agency." … FOIA exempts "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552 (b)(6).

An opinion was released in case 22-5251, Michael S. Owlfeather-Gorbey v. Avery

119 F.4th 78 · Court of Appeals for the D.C. Circuit · Oct 18, 2024

And where the veil is pierced, we must reject “factual contentions [that] are clearly baseless.” Id. … These allegations are clearly frivolous. Therefore, we dismiss Mr.

Jessie Berger v. Iron Workers Reinforced Rodmen Local 201, International Association of Bridge, Structural and Ornamental Iron Workers

843 F.2d 1395 · Court of Appeals for the D.C. Circuit · Apr 5, 1988

In our view, the Open Period establishes that experience can qualify one to be a journeyman rodman, and, not incidentally, that the Union is capable of devising an exam that screens out insufficiently competent applicants … Having reviewed the record, we conclude that the District Court’s finding is not clearly erroneous. Bellamy’s testimony clearly established a prima facie case of retaliation.

Yeda Research & Development Co. v. Abbott GmbH & Co. KG

292 F.R.D. 97 · Court of Appeals for the D.C. Circuit · Jun 7, 2013

“Work product protection is not absolute but rather is a qualified immunity.” Westrick, 288 F.R.D. at 226 ; see also United States v. … The documents at issue were clearly prepared by Dr. Engelmann in his capacity as a consultant.

Schnitzer, Jeffrey v. White, Thomas E.

389 F.3d 200 · Court of Appeals for the D.C. Circuit · Nov 23, 2004

The FTCA effects a broad waiver of sovereign immunity from lawsuits for money damages. … It has established a rule that ‘‘incarceration at the USDB is uniquely part of [a] military relationship such that it is ‘incident’ to TTT military service as established by Feres.’’ Walden, 840 F.2d at 774.

Henry Hayes v. United States

249 F.2d 516 · Court of Appeals for the D.C. Circuit · Oct 31, 1957

sentence was inadvertent, as was the error in the present case, and that, if the error could not be corrected in the manner there used, no valid sentence could be imposed at all, with the result that a prisoner whose guilt was established … The Court continued: The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. See King v.

Murphy v. Internal Revenue Service

493 F.3d 170 · Court of Appeals for the D.C. Circuit · Jul 3, 2007

As an agency of the Government, of course, the IRS shares that immunity. See Settles v. U.S. Parole Comm’n, 429 F.3d 1098, 1106 (D.C. … Cir. 2005) (agency “retains the immunity it is due as an arm of the federal sovereign”).

Arthur B. Keys, Jr. v. United States Department of Justice

830 F.2d 337 · Court of Appeals for the D.C. Circuit · Oct 2, 1987

Moreover, a qualifying FBI investigation must not merely relate to law enforcement; it must be of either a “criminal” or “national security intelligence” nature. 5 Apart from the latter requirements, the search for a qualifying … Such an affirmation would be "superfluous — since ... subjective intent need not initially be established." Shaw, 749 F.2d at 63 n. 2.

Otis & Co. v. Securities and Exchange Commission

176 F.2d 34 · Court of Appeals for the D.C. Circuit · Oct 17, 1949

It is that which is enough to raise a presumption of fact; or, again, it is that which is sufficient, when unrebutted, to establish the fact. 8 If an administrative" finding is immune from *43 judicial review when supported … Evidence which is too weak, even when unrebutted, to establish the fact in question should never be considered substantial in the sense that an administrative finding based upon it is immune from judicial review.

St. Elizabeth's Medical Center of Boston, Inc. v. Thompson

396 F.3d 1228 · Court of Appeals for the D.C. Circuit · Feb 4, 2005

With respect to reimbursements for routine care at SNFs, the Secretary is authorized to establish appropriate exemptions to these caps. See 42 U.S.C. § 1395yy(c). … Some facilities may, indeed, qualify as both NFs and SNFs.

Brown v. Pro Football, Inc.

50 F.3d 1041 · Court of Appeals for the D.C. Circuit · Jun 12, 1995

As a result, Donlan concluded that the issue was "clearly at impasse" for "implementation purposes." Letter from Jack Donlan to Hugh Culverhouse et al. … dispute is ... part and parcel of the process of collective bargaining," Insurance Agents', 361 U.S. at 495 , 80 S.Ct. at 430 , and the Supreme Court itself has suggested that post-impasse unilateral imposition of terms may qualify

Zaidan v. Trump

317 F. Supp. 3d 8 · Court of Appeals for the D.C. Circuit · Jun 13, 2018

Bush , 448 F.Supp.2d 198 , 200 (D.D.C. 2006) ("[A] plaintiff must overcome the defense of sovereign immunity in order to establish the jurisdiction necessary to survive a Rule 12(b)(1) motion to dismiss."). … Statutes that waive sovereign immunity are strictly construed and any doubt or ambiguity is resolved in favor of immunity. Lane v. Pena , 518 U.S. 187 , 192, 116 S.Ct. 2092 , 135 L.Ed.2d 486 (1996).

The Wheelabrator Corporation v. John H. Chafee, Secretary of the Navy, the Wheelabrator Corporation v. John H. Chafee, Secretary of the Navy, the Carborundum Company

455 F.2d 1306 · Court of Appeals for the D.C. Circuit · Oct 14, 1971

A considerable number of these recommendations dealt with need for the Government to state its requirements more precisely and to establish more clearly the criteria to be followed in evaluating proposals and offers. … Consequently it generally adopts the contracting agency's version of disputed facts unless contrary facts can clearly be shown.

California State Board of Optometry v. Federal Trade Commission, National Association of Optometrists and Opticians, Intervenor

910 F.2d 976 · Court of Appeals for the D.C. Circuit · Aug 28, 1990

to do so by such state or local law and to establish minimum quality standards for ophthalmic goods and services. … As nothing in the language of the Act clearly expresses a congressional intent to empower the FTC to regulate state action, we must reject the rule. III.

Julius Silverman v. United States of America, Meyer Schwartz v. United States of America, Robert L. Martin v. United States

275 F.2d 173 · Court of Appeals for the D.C. Circuit · Mar 8, 1960

Here, on the other hand, the evidence clearly shows that these three appellants were operating a betting office where they received wagers, established records of the wins and losses and kept accounts of their operations. … All such evidence clearly and overwhelmingly proved that the three appellants had maintained and operated that gambling establishment over the period named.