Case law

National Fuel Gas Supply Corporation v. Federal Energy Regulatory Commission, National Fuel Gas Distribution Corporation, Intervenors

59 F.3d 1281 · Court of Appeals for the D.C. Circuit · Sep 18, 1995

immunity, a well-established legal rule that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, or (4) a principle of law ... that limits the principle … (“Beam does not clearly foreclose selective retroactivity” of an agency’s own adjudications). But see UFCW, Local No. 150-A v.

Williston Basin Interstate Pipeline Company v. Federal Energy Regulatory Commission, Arco Oil and Gas Company, Intervenor

816 F.2d 777 · Court of Appeals for the D.C. Circuit · Apr 24, 1987

(MDU), 4 which under the sales contract, must pay an incentive price if the gas qualifies for such pricing. … Congress clearly intended that these designations would be made through the procedural scheme it enacted for that specific purpose, and section 503 was that scheme.

In re: Sealed Case (PUBLIC REISSUED OPINION)

Court of Appeals for the D.C. Circuit · Sep 13, 2023

It follows from these principles that communications with individuals outside of Congress may qualify for the privilege. … Ohio House of Representatives Democratic Caucus, 33 F.4th 359, 364 (6th Cir. 2022) (equating the two immunities).

Wlox Broadcasting Company v. Federal Communications Commission, Radio Associates, Inc., Intervenor

260 F.2d 712 · Court of Appeals for the D.C. Circuit · Dec 15, 1958

By establishing a high enough standard of financial qualification, the Commission can eliminate many of the hazards of such control, direct or indirect in character. * * * ” We conclude the Commission should have treated … Hence, under our Rule 17(i), 28 U.S.C.A., we may notice and pass upon the error although it was neither pointed out nor relied upon by WLOX. 2 In order clearly to understand the issue concerning the financial ability of Radio

A Quaker Action Group v. Rogers C. B. Morton, Secretary of Interior

460 F.2d 854 · Court of Appeals for the D.C. Circuit · Oct 21, 1971

Hickel, 137 U.S.App.D.C. 29 , 420 F.2d 597 , decided August 1, 1969, as perhaps qualifying the orders in the Quaker Action cases to “proceed to trial on an expedited basis.” … The District Court erred in accepting the Government’s contention that our order in this ease remanding for trial had been qualified by our decision in the Women Strike for Peace case.

Enrico Soccodato v. John Foster Dulles, Secretary of State

226 F.2d 243 · Court of Appeals for the D.C. Circuit · Oct 4, 1955

We think that this was sufficient to establish prima facie that his service on and after January 13, 1941 was involuntary. … evidence that once conscripted the soldier volunteered for service more onerous than that mandatorily imposed upon a conscript or through evidence that Italian law permitted him to invoke his American citizenship as ground for immunity

Judith Odin v. United States

656 F.2d 798 · Court of Appeals for the D.C. Circuit · Jun 16, 1981

I Appellant Judith Odin received a federally sponsored swine flu immunization on December 4, 1976. … The agency’s conduct required two years of litigation in the district court and before this court to establish a principle that is plain on the face of the statute.

Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Service Commission

392 F.2d 822 · Court of Appeals for the D.C. Circuit · May 22, 1968

The regulation by its terms provides for presentations within official channels, and establishes no special warrant for appeals to the public. … The fact that appellant was a union president does not establish legal immunity.

Christie v. Callahan

124 F.2d 825 · Court of Appeals for the D.C. Circuit · Dec 23, 1941

On the contrary, their evidencé clearly establishes that' necrosis and sloughing took place in excess of what these would have caused. In this respect it was in agreement with plaintiff’s evidence. … These facts, taken in conjunction with the other evidence favorable to the plaintiff set forth above, clearly established that the X rays were the probable cause.

United States v. Paul Williams, Jr.

86 F.3d 1203 · Court of Appeals for the D.C. Circuit · Jun 21, 1996

We conclude that its determination was not clearly erroneous. See United States v. … In fact the government proceeded below as if it had to establish that it had prepared for trial. JA 21-22, 93-95.

In re Espy

319 F.3d 526 · Court of Appeals for the D.C. Circuit · Feb 14, 2003

She was not indicted, and in July 1997 was granted use immunity. She seeks reimbursement of $61,331.21 for fees incurred from September 1995 to July 1998. … Nonetheless, we have found that petitioners qualify for an award of fees in the face of the but-for test in at least four circumstances: 1.

Select Milk Producers, Inc. v. Johanns

400 F.3d 939 · Court of Appeals for the D.C. Circuit · Mar 18, 2005

Quite clearly, Thomas established no per se rule that a preliminary injunction can never serve as the basis for deeming a plaintiff a “prevailing party” under EAJA. … In Underwood , the Supreme Court explained that the reference to the “limited availability of qualified attorneys” in § 2412(d)(2)(A)(ii) “must refer to attorneys ‘qualified for the proceedings’ in some specialized sense,

Robbins v. Footer

553 F.2d 123 · Court of Appeals for the D.C. Circuit · Mar 4, 1977

Davis to establish his familiarity with the local medical practice in the District of Columbia. We hold that both the trial court's disqualification of Dr. … drive rural doctors out of practice, leaving small communities without any doctors. 10 9 Early in the history of the locality rule it became obvious that strict adherence to the same locality requirement could completely immunize

Scott Armstrong v. George Bush

924 F.2d 282 · Court of Appeals for the D.C. Circuit · Jan 25, 1991

Each agency head shall also “establish and maintain an active, continuing program for the economical and efficient management of the records of the agency,” id. § 3102, and “shall establish safeguards against the removal … The FRA clearly provides sufficiently detailed standards regarding what material the agencies must retain.

Palmer v. District of Columbia

26 App. D.C. 31 · Court of Appeals for the D.C. Circuit · Jun 13, 1905

On behalf of the appellant, reliance is placed upon the well-established rule of law that where the State is not named in an enactment it is not bound by its provisions. … All laws are presumed to be consistent with each other until the contrary is shown; and, therefore, it is no excuse to a public official to secure him immunity for the violation of one law that he is obeying another.

New Jersey Chapter Incorporated of the American Physical Therapy Association, Inc. v. The Prudential Life Insurance Company of America

502 F.2d 500 · Court of Appeals for the D.C. Circuit · Oct 3, 1974

Thus, the effect of the guidelines is to provide for automatic payment of physical therapy costs when they do not exceed the adjusted rate charged by salaried therapists; for the provider incurring such costs has clearly … In other words the guidelines establish a level of costs which Prudential will pay without additional proof of their reasonableness.

Animal Legal Defense Fund, Inc. v. Glickman

204 F.3d 229 · Court of Appeals for the D.C. Circuit · Feb 4, 2000

These "requirements" may be minimal but they are clearly mandatory. Jurnove argued, and the district court agreed, that this case begins and ends with the fact that the Secre- tary provided no engineering standards. … Reg. at 6472-73), that generality was obviously qualified by the remarks just quoted.

Madolyn L. Crumpton v. Michael P.W. Stone, Secretary of the Army

59 F.3d 1400 · Court of Appeals for the D.C. Circuit · Jul 28, 1995

To the extent that it rests on interpretations of law, we review the district court’s decision de novo, see Cope, 45 F.3d at 450 , accepting its factual findings unless clearly erroneous. See Herbert v. … Crumpton points to an Army pamphlet entitled “A Guide for the Survivors of Deceased Army Members,” arguing that it established an Army policy that precluded the release of portions of the reports on her husband.

Chrysler Corporation v. Federal Trade Commission

561 F.2d 357 · Court of Appeals for the D.C. Circuit · Jul 25, 1977

It would not be readily apparent to consumers from any information the ads contain that the mileage claims were limited to small cars with six-cylinder engines; nor are the references to Popular Science qualified in any way … An advertiser’s good faith does not immunize it from responsibility for its misrepresentations; intent to deceive is not a required element for a section 5 violation.

National Rifle Association of America v. Federal Election Commission

854 F.2d 1330 · Court of Appeals for the D.C. Circuit · Aug 5, 1988

The conciliation agreement required HCI to pay a $15,000 civil penalty and to amend the group’s bylaws so as to qualify HCI as a membership organization prior to its soliciting additional funds. … The third complaint, NRA contends, “clearly addressed issues separate and apart from those involved in the second administrative complaint and involved facts which had not yet arisen [at the time of the second complaint]