Case law

MD/DC/DE Broadcasters Ass'n v. Federal Communications Commission

236 F.3d 13 · Court of Appeals for the D.C. Circuit · Jan 16, 2001

get the job does not mean that people are being treated equally- — that is, without regard to their race- — in the qualifying round. … of training programs designed to enable station personnel to acquire skills that could qualify them for higher level positions; (ix) Establishment of a mentoring program for station personnel; (x) Participation in at least

Murphy v. Internal Revenue Service

493 F.3d 170 · Court of Appeals for the D.C. Circuit · Aug 22, 2006

Cir. 2005) (agency “retains the immunity it is due as an arm of the federal sovereign”). … No. 65-767, at 9-10 (1918), the Government observes that the “report simply does not establish that Congress believed taxing compensatory personal injury damages would be unconstitutional.”

SoundExchange, Inc. v. Copyright Royalty Bd.

904 F.3d 41 · Court of Appeals for the D.C. Circuit · Sep 18, 2018

An example of an interactive service is Spotify’s basic service.  5 The Board must “establish rates and terms” for the webcaster statutory license “that most clearly represent the rates … The Board thus used those benchmarks to establish its zone of reasonableness.

Sheikh v. Republic of the Sudan

308 F. Supp. 3d 46 · Court of Appeals for the D.C. Circuit · Mar 30, 2018

First, the lawsuit is clearly untimely under governing law. And second, the defendant is the Islamic Republic of Iran. Should a court rule against Iran in absentia? … The plaintiffs relied on the "terrorism exception" embedded in the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602 - 11, which eliminates immunity in cases seeking damages against designated state sponsors of terrorism

Ashland Exploration, Inc. v. Federal Energy Regulatory Commission

631 F.2d 1018 · Court of Appeals for the D.C. Circuit · Sep 2, 1980

Because the Commission’s interpretation of its own regulation is clearly within reasonable bounds, its order is affirmed. I. BACKGROUND A. … If it had allowed life-of-lease contracts preceded by fixed-term contracts with other parties to qualify for rollover treatment, the Commission would have increased the number of contracts qualifying for the higher ceiling

National Association of Letter Carriers, Afl-Cio v. United States Postal Service

590 F.2d 1171 · Court of Appeals for the D.C. Circuit · Dec 8, 1978

Woodruff, 68 F.R.D. 660 (D.D.C.1975), which' found the doctrine of sovereign immunity applicable to the Postal Service. … Testan [, 424 U.S. 392 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976)], we believe, is that a general waiver of sovereign immunity should not be construed to extend to attorney’s fees unless Congress has clearly indicated that it

National Wildlife Federation v. United States Environmental Protection Agency

925 F.2d 470 · Court of Appeals for the D.C. Circuit · Feb 15, 1991

. §§ 300f et seq. (1988), established a *471 state-federal partnership for the regulation of drinking water quality. … Any EPA aspersions on split primacy must be viewed in that light — as qualified by the reality that it could easily occur.

Feng Wang v. Pompeo

354 F. Supp. 3d 13 · Court of Appeals for the D.C. Circuit · Dec 6, 2018

If, however, the number of qualified applicants in a visa category is greater than the amount of visa numbers available for allotment for the month, State considers the category to be "oversubscribed," and establishes and … If Congress had intended to repudiate State's interpretation of the statute-with substantial immigration consequences-it would have done so clearly.

Center for Auto Safety v. William M. Cox, Individually, and as Federal Highway Administrator

580 F.2d 689 · Court of Appeals for the D.C. Circuit · Jun 14, 1978

by statute or reorganization plan, or (B) established or utilized by the President, or (C) established or utilized by one or more agencies, in the interest of obtaining advice or recommendations for the President or one … To qualify for exemption under section 4(c) AASHTO must meet two conditions: it must be a state or local committee and it must be established to advise or make recommendations to state or local agencies.

Loewendick & Sons, Inc. v. Reich

70 F.3d 1291 · Court of Appeals for the D.C. Circuit · Nov 21, 1995

Other provisions of subsection (g) establish detailed safety standards for crane-hoisted personnel platforms. See Sec. 1926.550(g)(3)-(7). … Each of subsection (g)'s provisions establishing specific requirements for personnel platforms, however, clearly presupposes the existence of a personnel platform to which the requirements apply.

Richard Leander Ferebee, Jr. v. Chevron Chemical Company

736 F.2d 1529 · Court of Appeals for the D.C. Circuit · Jun 12, 1984

Thus, a cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists. … Sufficient evidence supports the jury’s finding that plaintiffs established all the elements of their case by a preponderance of the evidence.

Massachusetts Bay Telecasters, Inc. v. Federal Communications Commission

261 F.2d 55 · Court of Appeals for the D.C. Circuit · Jul 31, 1958

That both are in avid competition with the Morning Globe and the Evening Globe, just as is the Sunday Herald with the Sunday Globe, has been clearly established. … Improper influence, if established, going to the very core of the Commission’s quasi-judicial powers is certainly critical.

National Coal Ass'n v. Federal Power Commission

191 F.2d 462 · Court of Appeals for the D.C. Circuit · Jun 18, 1951

’ and entitled as such to a review notwithstanding that the very statute pursuant to which he obtains review is designed to keep competition alive and con *465 fers upon him no property right which gives him any kind of immunity … The “established requirements” referred to are found in Alabama Power Co. v. Ickes, 1938, 302 U.S. 464 , 58 S.Ct. 300 , 82 L.Ed. 374 , and Tennessee Electric Power Co. v.

United States v. Smith

640 F.3d 358 · Court of Appeals for the D.C. Circuit · Apr 15, 2011

The clerk’s letters were “made for the purpose of establishing or proving” a fact at trial. Id. at 2532. … – although an error – was clearly harmless.”); United States v.

Ayuda, Inc. v. Richard Thornburgh

880 F.2d 1325 · Court of Appeals for the D.C. Circuit · Jul 18, 1989

The Supreme Court refused to accept that distinction, holding that Ringer was “clearly seeking to establish a right to future payments should he ultimately decide to proceed with [the particular] surgery.” … It was (and is) undisputed that an alien can qualify if his case falls within the scope of any of those four eventualities.

Richard Figueroa v. Michael Pompeo

923 F.3d 1078 · Court of Appeals for the D.C. Circuit · May 10, 2019

At the first stage, the employee must establish a prima facie case. Wheeler, 812 F.3d at 1113-14. … We noted that, if the employer clearly presents a nondiscriminatory reason, the District Court’s analysis of the prima facie factors at summary judgment becomes gratuitous, even confusing. Id.

Apotex, Inc. v. Food & Drug Administration

449 F.3d 1249 · Court of Appeals for the D.C. Circuit · Jun 6, 2006

This time around, however, it justified its decision by establishing a hard- and-fast rule: the agency will never look beyond the face of a court order to ascertain whether it qualified as a triggering court decision. … Apotex then asked FDA whether the signed stipulation qualified as a triggering court decision.

Mary Bartlett, on Behalf of Josephine Neuman v. Otis R. Bowen, Secretary, Health and Human Services. James T. Martin, Jr. v. D.C. Metropolitan Police Department Richard Xander, United States of America v. Christine Meyer

824 F.2d 1240 · Court of Appeals for the D.C. Circuit · Jul 31, 1987

The ruling necessarily applies not only to federal sovereign immunity, which is derived from article III, section 2, of the Constitution, but to the sovereign immunities of the several states under the eleventh amendment. … The panel's decision is clearly inconsistent with United States v.

Marseille-Kliniken AG v. Republic of Equatorial Guinea

Court of Appeals for the D.C. Circuit · Sep 23, 2025

I A The Foreign Sovereign Immunities Act (FSIA) makes foreign sovereigns “immune from the jurisdiction of the courts of the United States” unless a specific FSIA exception applies. 28 … To delegate threshold arbitrability questions to arbitrators, parties must do so “clearly and unmistakably.” Howsam v.

Green v. U.S. Dep't of Justice

392 F. Supp. 3d 68 · Court of Appeals for the D.C. Circuit · Jun 27, 2019

Wanting to engage in activity that would qualify as prohibited circumvention and trafficking but fearing criminal prosecution if they do so, Dr. Green, Mr. … Even so, the court concluded that "the Library of Congress is a freestanding entity that clearly meets the definition of "Department" that performs a range of functions, some of which are primarily for legislative purposes