Case law

Sonia Hilyer, Individually, as Administratrix of the Estate of James H. Hilyer, Iii, Deceased, and as Natural Guardian of Her Two Minor Sons, James H. Hilyer, IV and Brian Michael Hilyer v. Howat Concrete Company, Inc. Sonia Hilyer, Individually, as Administratrix of the Estate of James H. Hilyer, Iii, Deceased, and as Natural Guardian of Her Two Minor Sons, James H. Hilyer, IV and Brian Michael Hilyer v. Howat Concrete Company, Inc. (Two Cases). Appeal of National Loss Control Service Corporation. Appeal of Bechtel Construction Co., Washington Metropolitan Area Transit Authority and District of Columbia

578 F.2d 422 · Court of Appeals for the D.C. Circuit · May 10, 1978

(R. 139, Tr. 158), this estimate appears to be too early, for it was established that the construction crew did not even arrive at the site until 6:30 (R. 137, Tr. 28). … As presented in the District Court proceedings, Simms' statement clearly qualified as hearsay, 4 and thus was inadmissible unless it was encompassed by one of the exceptions to the hearsay rule listed in Rule 803. 5 Although

American Federation of Government Employees, Afl-Cio, Local 2094 v. Federal Labor Relations Authority

833 F.2d 1037 · Court of Appeals for the D.C. Circuit · Dec 1, 1987

The Union will provide a qualified lifeguard to oversee the bargaining unit employees, when using the pool. 2. Bargaining Unit employees will have use of the gym on the 17th Floor. … The Union asserts that only express, protected management rights are immune from the duty to bargain, and that, in their absence, the proposal is negotiable.

Exxon Corporation v. Federal Trade Commission Kerr-Mcgee Corporation v. Federal Trade Commission Union Carbide Corporation v. Federal Trade Commission

589 F.2d 582 · Court of Appeals for the D.C. Circuit · Dec 19, 1978

Again, we are sympathetic to appellants’ concern for safeguarding highly confidential information worth millions of dollars, but for this court on this record to establish any such requirement would clearly involve an unacceptable … There is no question that the information in question here qualifies under this court’s definition of “confidential” information for purposes of the Freedom of Information Act, 5 U.S.C. § 552 (1970).

Ocania Chalk v. Secretary of Labor, U. S. Department of Labor

565 F.2d 764 · Court of Appeals for the D.C. Circuit · Oct 27, 1977

The Court not only properly applied the law, but also reached a conclusion clearly consistent with the record. … Regardless of the sufficiency of the first two reasons, these facts are clearly adequate to establish Mrs.

Cole v. Harris

571 F.2d 590 · Court of Appeals for the D.C. Circuit · Nov 14, 1977

Clearly, the Sky Tower tenants were displaced for a federal project “designed for the benefit of the public as a whole.” … Because we conclude that appellees qualify as “displaced persons” under the notice clause, we need not reach the difficult question whether they also qualify under the acquisition clause.

Figueroa v. Tillerson

289 F. Supp. 3d 212 · Court of Appeals for the D.C. Circuit · Jan 31, 2018

Under this framework, the plaintiff bears the burden of establishing a prima facie case of discrimination. Id. … Second , Figueroa attempts to demonstrate pretext by arguing that he was clearly qualified for the position.

Carpenters Local No. 33, A/w United Brotherhood of Carpenters and Joiners of America, Afl-Cio v. National Labor Relations Board

873 F.2d 316 · Court of Appeals for the D.C. Circuit · May 26, 1989

But there is no absolute right to establish the reserved gate system in the first place. … Our decision in Pond was based on the Board’s precedents establishing this point.

Aetna Casualty and Surety Company v. Harry Clifford Porter

296 F.2d 389 · Court of Appeals for the D.C. Circuit · Dec 11, 1961

would indicate they are not currently needed), they lose their immunity. … On the facts their nature might clearly appear.

Dorothy C. Parker v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

561 F.2d 320 · Court of Appeals for the D.C. Circuit · Jun 30, 1977

V 1975), establish complementary administrative and judicial enforcement provisions. … Rather, it was clearly administrative proceedings to which Congress referred, see Love v.

Schafer v. Helvering

83 F.2d 317 · Court of Appeals for the D.C. Circuit · Mar 2, 1936

as the Commissioner, with the approval of the Secretary, may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income.” … Petitioners have an established place of business and held themselves out to their customers as authorized and qualified to buy or sell for them; as broker, *319 shares of stocks and bonds; but there is not a word of evidence

Reporters Committee for Freedom of the Press v. American Telephone & Telegraph Company

593 F.2d 1030 · Court of Appeals for the D.C. Circuit · Mar 5, 1979

While the subpoenas here are addressed to the telephone companies rather than to appellants, the Government’s argument that this fact renders them immune from challenge by appellants seems to me clearly without merit. 19 … These cases clearly establish that, even in the most sensitive circumstances involving domestic security and foreign affairs, the need for secrecy does not foreclose prior judicial scrutiny on an ex parte basis.

Grover H. Norton and Yellow Freight System, Inc. v. I. A. M. National Pension Fund

553 F.2d 1352 · Court of Appeals for the D.C. Circuit · Mar 21, 1977

1) the employee must be 55 years of age or older; (2) he must have accrued at least 10 years of credited service; and (3) he must have received at least six months of future service credit. 1 The latter two requirements clearly … eligibility, when he could previously have left Yellow Freight to join a non-contributing employer without losing that eligibility, and when he had done nothing to terminate Yellow Freight’s participation in the Fund, was clearly

David A. Clarke v. United States

886 F.2d 404 · Court of Appeals for the D.C. Circuit · Nov 8, 1989

Id. at 532 (footnote omitted); see also id. at 533-34 (finding protected status of voting sufficiently “apparent,” and violation of First Amendment sufficiently “egregious,” to overcome claim of qualified immunity). … Under these criteria, there is no question that the votes of the Council members qualify as speech.

Snell v. United States

16 App. D.C. 501 · Court of Appeals for the D.C. Circuit · Jun 5, 1900

The evidence of general reputation in the family as to the mental condition of a second cousin of the accused was clearly inadmissible. … That was clearly not within the meaning and intent of the provision of the Constitution. Art. 4, Sec. 1.

Colorado Interstate Gas Co. v. Federal Energy Regulatory Commission

599 F.3d 698 · Court of Appeals for the D.C. Circuit · Mar 29, 2010

CIG counters that FERC should never have considered trade usage because the terms of the tariff clearly establish the kinds of gas losses that are recoverable. See Reply Br. at 4. … Indeed, CIG responded by initiating “Emergency Operating Procedures” and establishing a hot- line for concerned residents of the area.

Association of Data Processing Service Organizations, Inc. v. Board of Governors of the Federal Reserve System

745 F.2d 677 · Court of Appeals for the D.C. Circuit · Oct 2, 1984

Suppose, for example, that Congress clearly intended to switch to a stricter test, but was also clearly operating on the mistaken belief that the existing test (“arbitrary or capricious”) was more lenient than the “substantial … No more is needed to establish this than the text of the new regulation which the order adopted.

Schnapper v. Foley

667 F.2d 102 · Court of Appeals for the D.C. Circuit · Oct 1, 1981

This, it is alleged, caused injury of an unspecified nature to the class of persons who watch WETA, a purported class whose interests appellant Schnapper states he is qualified to represent. Id., P 8. … It has been established that taxpayer standing is never available and consumer standing unlikely to be available to those asserting a Property Clause claim. Public Citizen v.

Meister, Brenda G. v. Medical Engineering

267 F.3d 1123 · Court of Appeals for the D.C. Circuit · Oct 26, 2001

While rejecting a requirement of scientific certainty, the Supreme Court instructed that "in order to qualify as 'scienti- fic knowledge,' an inference or assertion must be derived by the scientific method. … Borenstein failed to show any nexus between her atypical symptoms and her breast implants; the mere simultaneous existence of the two clearly is not an appropriate methodology.

Frazier v. Merit Systems Protection Board

672 F.2d 150 · Court of Appeals for the D.C. Circuit · Mar 2, 1982

We begin by noting that monetary liability may not be imposed against a federal agency unless Congress has clearly waived sovereign immunity. Alyeska Pipeline Service Co. v. … Read naturally, the language of the provision clearly waives sovereign immunity with respect to any case in which an employee or applicant for employment appears as a party. 2. Legislative intent.

Harper v. Moran

76 F.2d 980 · Court of Appeals for the D.C. Circuit · Mar 4, 1935

Bryan as receiver, who, having qualified, thereafter instituted this suit against appellant to recover on account of a stock assessment duly made by the Comptroller. … The judgment below is clearly right and is affirmed. Affirmed. Bryan having resigned as receiver, Moran was appointed and qualified as receiver in his place, and on motion was substituted as appellee.