Case law

Courier Post Pub. Co. v. Federal Communications Commission

104 F.2d 213 · Court of Appeals for the D.C. Circuit · Mar 6, 1939

It has 34 wholesale and 333 retail establishments. Hannibal' La Grange College is located there. Enrollment of public schools exceeds 4,200; three parochial schools have a registration of about 600. … The Supreme Court has declared substantial evidence to be “more than a scintilla, and must •do more than create a suspicion of the existence of the fact to be established.

Morrow v. Apple

26 F.2d 543 · Court of Appeals for the D.C. Circuit · May 7, 1928

property may, in the free exercise of his bounty, so dispose of it as to secure its enjoyment to his beneficiary, without making it alienable by him, or liable in any manner for his debts, and" that such an intention when clearly … Coming now to determine the intent of the testatrix in this ease, we think it apparent that a spendthrift trust was established by her will.

Conejo v. Am. Fed'n of Gov't Emps.

377 F. Supp. 3d 16 · Court of Appeals for the D.C. Circuit · Mar 29, 2019

However, § 7118(a) clearly contemplates that not all charges will be "unfair labor practices." … Third, the Federal Labor Relations Authority did not grant wholesale, absolute immunity to such statements.

Chacoty v. Pompeo

392 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jul 17, 2019

Department guidance also clearly states that residence is more than a temporary presence and that visits to the United States are insufficient to establish a residence for the purposes of citizenship transmission under [ … Circuit concluded that the Director's written decision did not qualify. Id. at 77-80 .

State of New Mexico v. James D. Watkins, Secretary, Department of Energy, State of New Mexico, Ex Rel. Tom Udall, Attorney General v. James D. Watkins, Secretary, Department of Energy, Environmental Defense Fund v. James D. Watkins, Secretary, Department of Energy

969 F.2d 1122 · Court of Appeals for the D.C. Circuit · Jul 10, 1992

on that date may qualify for interim status if other applicable requirements are met. 54 53 Fed.Reg. at 37,046. … Money damages, even assuming, arguendo, no government immunity bar, would not be responsive to the environmental and separation of powers concerns complainants raise. Cf.

Midwest Gas Users Ass'n v. Federal Energy Regulatory Commission

833 F.2d 341 · Court of Appeals for the D.C. Circuit · Nov 17, 1987

This court found that the Commission’s Title I determination clearly met the standard for final agency action. … In Colorado Oil, the buyer had agreed to a contract amendment to establish a "renegotiated price” which would qualify the production for special incentive ceiling price.

Lewis v. Pension Benefit Guaranty Corp.

314 F. Supp. 3d 135 · Court of Appeals for the D.C. Circuit · Jun 11, 2018

The Plan's Qualified Benefit Limit The PWA provision governing the qualified benefit limit also governs the compensation limit, and states that any statutory increase to the qualified benefit limit "will be effective for … Indeed, the Circuit has clearly distinguished between the doctrines of law of the case or preclusion and stare decisis . In Mahoney v. Babbitt , 113 F.3d 219 (D.C.

Jacqueline P. Taylor v. Federal Deposit Insurance Corporation and Ricki Helfer, Chairman, Fdic

132 F.3d 753 · Court of Appeals for the D.C. Circuit · Dec 23, 1997

But not all disclosures qualify for protection. … But to say, “He did it,” or “He made me do it,” where “it” is already established, is just garden-variety finger-pointing.

North Central Airlines, Inc. v. Civil Aeronautics Board

363 F.2d 983 · Court of Appeals for the D.C. Circuit · Feb 15, 1966

In 1962 2 Congress added to the Internal Revenue Code of 1954 a provision for a credit against" income taxes, measured by a percentage of qualified investment. 3 Then in 1964 Congress enacted the following : 4 “(e) TREATMENT … The positions of the opposing parties are clearly put.

Conner v. Pennsylvania R.

177 F.2d 854 · Court of Appeals for the D.C. Circuit · Aug 1, 1949

When additional passenger trainmen were needed, the established practice was to transfer to passenger service qualified trainmen in freight service who made application for such transfer and who possessed the highest seniority … But there was clearly an established rule and practice of affording the passenger trainmen opportunities to transfer when freight trainmen were needed. That was required by the contract.

Truck Drivers Union Local No. 413 v. National Labor Relations Board

334 F.2d 539 · Court of Appeals for the D.C. Circuit · Apr 9, 1964

Clearly this-is the law. See National Labor Relations Board v. Rockaway News Co., supra; Meier & Pohlmann Furniture Company v. … provision . of the collective bargaining agreements here concerns Subcontracting: “The Employer agrees to refrain from using the services of any person who does not observe the wages, hours and conditions of employment established

Director, Office of Workers' Compensation Programs v. Jaffe New York Decorating

25 F.3d 1080 · Court of Appeals for the D.C. Circuit · Jun 10, 1994

In addition to being a finding of fact directly at odds with the ALJ’s findings, the Board’s assertion that “the record establishes that claimant’s lack of motivation is inextricably tied to his pre-existing alcoholism .. … Scher, similarly did not clearly demonstrate that “but for” his alcoholism King could have found a suitable job. Scher testified about numerous available jobs that he believed King could handle.

Stati v. Republic of Kaz.

302 F. Supp. 3d 187 · Court of Appeals for the D.C. Circuit · Mar 23, 2018

In that same ruling, the Court found that it had subject matter jurisdiction over the dispute under the FAA and the Foreign Sovereign Immunities Act. Id. at 184-190. … ("Terra Raf") because it did not qualify as an "investor" under the ECT, and therefore that petitioner cannot seek to enforce the award. Resp't's Opp. 58-59.

Keystone Steel & Wire, Division of Keystone Consolidated Industries, Inc. v. National Labor Relations Board

41 F.3d 746 · Court of Appeals for the D.C. Circuit · Dec 16, 1994

Under the implied term theory, “[a]n employer’s ‘[p]ast practice’ can become ‘clearly established as a term and condition of employment’ subject to the duty to bargain.” … constitute] a term and condition of employment whether established pursuant to a collective-bargaining agreement or not”).

International Brotherhood of Electrical Workers v. National Labor Relations Board

487 F.2d 1143 · Court of Appeals for the D.C. Circuit · Jun 29, 1973

Discipline therefore achieves by indirect means what Section 8(b)(1) (B) clearly was intended to prevent. … Where the employer has bargained for immunity from union discipline for his supervisors, such a clause may be enforced through the normal grievance adjustment procedure or arbitration machinery established in the contract

Acupuncture Center of Washington v. Dunlop

543 F.2d 852 · Court of Appeals for the D.C. Circuit · Oct 4, 1976

Tsai has indicated that he will forward a letter advising of the availability of these two applicants. 47 The Secretary added: 19 In addition, the clientele to be served by such an establishment in this community obviously … interpreter in an organization that is centered on the skills of five Chinese acupuncturists who have limited or no fluency in English. 62 27 Lastly, the court felt that refusal of the labor certification on the facts presented "clearly

United States Fo America v. Orville J. Jackson

425 F.2d 574 · Court of Appeals for the D.C. Circuit · Mar 9, 1970

The trial court did not abuse its discretion in accepting Best as a qualified expert. … That will have to be established by other witnesses.” 5 .

Hazen v. Mullen

32 F.2d 394 · Court of Appeals for the D.C. Circuit · Apr 1, 1929

It clearly appears that she was in a serious condition, and that unless relief was afforded her, very serious consequences might have resulted. … The naked faets that defendant performed operations upon her eye, and that pain followed, and that subsequently the eye was in such a bad condition that it had to be extracted, establish neither the neg-. leet and unskillfulness

Au Yi Lau v. United States Immigration and Naturalization Service

555 F.2d 1036 · Court of Appeals for the D.C. Circuit · Apr 28, 1977

This was clearly sufficient to satisfy petitioners’ rights under the regulation; it is well-established “that, even without agreement of the parties, a member of an administrative agency who did not hear oral argument may … This standard is clearly met here: the Board’s opinion establishes that it did pass upon the new facts , cited by petitioners and, on the basis of the record before us, it is manifest that the Board did not abuse its discretion

Medical Committee for Human Rights v. Securities and Exchange Commission

432 F.2d 659 · Court of Appeals for the D.C. Circuit · Aug 26, 1970

The basic time period established in this section is 60 days, subject to certain qualifications. … It could scarcely be argued that management is more qualified or more entitled to make these kinds of decisions than the shareholders who are the true beneficial owners of the corporation; and it seems equally implausible