Case law

Chippewa Dialysis v. Leavitt, Michael O.

511 F.3d 172 · Court of Appeals for the D.C. Circuit · Dec 21, 2007

The Board rejected the providers’ challenge to the 3.0 hours per treatment standard, noting that “[a]lthough the Provider[s] cited various deficiencies in the data and methodology employed by [CMS] in establishing the 3.0 … In the end, however, we need not decide whether the 3.0 hours per treatment standard qualifies as either an interpretative rule or a statement of policy because we believe it most clearly qualifies under the Medicare Act

Overseas Education Association (A Unified State Affiliate of the National Education Association) v. Federal Labor Relations Authority, National Treasury Employees Union v. Federal Labor Relations Authority

824 F.2d 61 · Court of Appeals for the D.C. Circuit · Jul 24, 1987

The Statute establishes essentially a two-track system for resolving labor disputes. … The Authority's argument is that this immunity extends to both FLRA decisions challenged in the two review petitions now before us.

Flatow, Stephen M. v. Islam Repub Iran

305 F.3d 1249 · Court of Appeals for the D.C. Circuit · Oct 22, 2002

and alternatively, that the United States had not waived its sovereign immunity to suits of this sort in the district court. … s 517,5 it clearly was a limited appearance, focusing on the attachments and not the merits of the underlying tort action.

Ralph J. Galliano v. United States Postal Service

836 F.2d 1362 · Court of Appeals for the D.C. Circuit · Jan 8, 1988

We hold that *1364 FECA does qualify or control in part the operation of the postal fraud measure. … Nevertheless, we do not hold that solicitations for political contributions are entirely immune from Postal Service scrutiny under section 3005. 8 Apart from the name of a political organization and the presence or absence

Bristol-Myers Company v. Federal Trade Commission

424 F.2d 935 · Court of Appeals for the D.C. Circuit · Mar 26, 1970

I The legislative history establishes that the primary purpose of the Freedom of Information Act was to increase the citizen’s access to government records. 4 Before 1967, the Administrative Procedure Act contained a Public … Nevertheless, the statutory scheme does not permit a bare claim of confidentiality to immunize agency files from scrutiny.

Mountain States Legal Foundation v. Dan Glickman, Secretary of Agriculture

92 F.3d 1228 · Court of Appeals for the D.C. Circuit · Aug 23, 1996

Standing Plaintiffs must establish both constitutional and prudential standing. … While Congress clearly did not adopt the ESA for the purpose of protecting economic interests, it equally clearly intended that such interests should come into play when critical habitats are designated.

Gibson Wine Co., Inc. v. Snyder

194 F.2d 329 · Court of Appeals for the D.C. Circuit · Jan 10, 1952

In my view the ruling clearly constituted an amendment or modification of the existing regulation and, therefore, is invalid because it was not preceded by a hearing and was not approved by the Secretary. … The court defines that difference thus: “ * * * Generally speaking, it seems to be established that ‘regulations’, ‘substantive rules’ or ‘legislative rules’ are those which create law, usually implementary to an existing

Kcst-Tv, Inc. v. Federal Communications Commission and United States of America

699 F.2d 1185 · Court of Appeals for the D.C. Circuit · Jan 25, 1983

for needed protection under it, he can qualify independently after making a showing of economic distress. … The Commission has established a scheme which, if it falls short of possible further refinement (which I doubt), does not clearly do so, and does not do so in a degree that can be regarded as arbitrary.

Harold Hodge v. Pamela Talkin

799 F.3d 1145 · Court of Appeals for the D.C. Circuit · Aug 28, 2015

Hodge’s articulation of his intentions suffices to establish his standing under our precedents. In Lederman v. … If so, the government’s interest in preserving (or restoring) the public’s impression of a judiciary immune to outside pressure would have only gained in salience.

Aero Mayflower Transit Company, Inc. v. Interstate Commerce Commission

711 F.2d 224 · Court of Appeals for the D.C. Circuit · Jun 17, 1983

Gulf Forwarding qualifies as a "freight forwarder" under 49 U.S.C. § 10102 (8) (Supp. … Armored Carrier, accordingly, is of uncertain relevance to the case at bar, in which Gulf Forwarding clearly has primary access to the designated vehicles as preferential user.

Haitian Refugee Center v. James S. Gracey, Admiral/commandant, United States Coast Guard

809 F.2d 794 · Court of Appeals for the D.C. Circuit · Jan 9, 1987

See also id. at 183-84 , 71 S.Ct. at 654-55 (The practice complained of “deprives the organizations themselves of no legal right or immunity. … The Warth Court denied the individual petitioners standing because they had failed, “in any concretely demonstrable way,” to establish causation.

Bucheit, B. J. v. Palestine Liberation

Court of Appeals for the D.C. Circuit · Nov 2, 2004

The district court concluded that it had jurisdic- tion over the matter under the commercial activity exception to the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1605(a)(2). … That letter did not qualify BFH’s commitment in any way, stating instead that: LML [Leonard M.

United States v. Fawaz Yunis

859 F.2d 953 · Court of Appeals for the D.C. Circuit · Nov 17, 1988

CONCLUSION 87 The interrogation of Yunis hardly qualifies as a model for law enforcement behavior. But the Constitution does not require picture-perfect routines. … In overturning the defendant's conviction, the Court noted that "[t]estimony given in response to a grant of legislative immunity is the essence of coerced testimony," id. at 459 , 99 S.Ct. at 1297, since the immunity wipes

John Kosty v. John L. Lewis, Trustees, United Mine Workers of America Welfare Andretirement Fund of 1950

319 F.2d 744 · Court of Appeals for the D.C. Circuit · Jul 15, 1963

We do say that it was clearly not beyond the capacity or resources of the Trustees to have devised some system of publicity for the impending •change which reasonable men would regard as having fulfilled their fiduciary ■ … Appellant’s suit, therefore, is one to establish his status and rights as a beneficiary. 4 . Danti v. Lewis, supra; compare Ruth v. Lewis, 166 F.Supp. 346 (D.D.C.1958), with Hobbs v.

Michael Huerta v. Jody Ducote

792 F.3d 144 · Court of Appeals for the D.C. Circuit · Jun 30, 2015

The problem is that he was not qualified to pilot or co-pilot that flight. … But nothing in Section 1153(c) (or the identical language of Section 44709(f)) “clearly” — or even unclearly — “states” that the Administrator’s determination is “jurisdictional.”

Gerry Scott v. District of Columbia

101 F.3d 748 · Court of Appeals for the D.C. Circuit · Jan 15, 1997

Nor, in this circuit, is good faith a relevant consideration in determining whether qualified immunity shields an officer from liability for damages. Wardlaw v. … Instead, the issues of whether an officer used excessive force and whether an officer is entitled to qualified immunity are determined according to a single standard.

Flynn, John J. v. Cmsnr IRS

269 F.3d 1064 · Court of Appeals for the D.C. Circuit · Oct 30, 2001

determination that a plan qualifies or continues to qualify for such treat- ment. … The statute's plain language clearly shows that Congress did not intend for every participant to have standing under s 7476.

Kidd v. District of Columbia

206 F.3d 35 · Court of Appeals for the D.C. Circuit · Mar 24, 2000

The time limits established by Rule 4(a) are “mandatory and jurisdictional.” Moore v. South Carolina Labor Bd., 100 F.3d 162, 163 (D.C.Cir.1996). … Judge Robinson clearly did not qualify his view that a judgment could recite the adoption of a magistrate’s report without becoming a memorandum and order, and neither did the Tenth Circuit in Laidley v.

McGregor Printing Corp. v. Kemp

20 F.3d 1188 · Court of Appeals for the D.C. Circuit · Apr 19, 1994

The Committee is responsible for establishing and publishing in the Federal Register a list of commodities and services provided by “qualified nonprofit agencies” for the blind and other severely handicapped individuals which … Since we cannot rely upon appellate counsel’s interpretation of the Act to uphold the Committee’s decision, and because the reasons the Committee clearly articulated are not sufficient, the Committee’s adding 0996 to the

United States v. Davis, Mark Stephen

270 F.3d 977 · Court of Appeals for the D.C. Circuit · Nov 16, 2001

As in civil cases, the clearly erroneous standard applies to Rule 12(e) findings based not only on testimony but also on documents. See Anderson v. … McFayden treated the overall program under which the roadblock had been established as "immaterial." 865 F.2d at 1312.