Case law

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

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

American Public Transit Association v. Andrew L. Lewis, Jr., Secretary, United States Department of Transportation

655 F.2d 1272 · Court of Appeals for the D.C. Circuit · May 26, 1981

The 1976 DOT regulations clearly violated this requirement; they sanctioned the provision of separate transit services for the handicapped as an alternative to accessible bus and rail systems. … Estimates of the cost of the program vary widely, but the costs are clearly very substantial. DOT suggests that local authorities will pay $460 million over 30 years.

Sagarwala v. Cissna

387 F. Supp. 3d 56 · Court of Appeals for the D.C. Circuit · Jul 15, 2019

how each of the qualifying fields of study that you have listed for the offered position is directly related to the duties and responsibilities of the position." … Rather, the Court is satisfied that "the agency would clearly have acted" the same way with respect to § 214.2(h)(4)(iii)(A) even if the "single degree" ground was not available.

Monongahela Power Co. v. Marsh

809 F.2d 41 · Court of Appeals for the D.C. Circuit · Jan 13, 1987

Furthermore, the legislative history of § 401 reveals that the quoted provision was intended merely to assure that “any water quality requirements established under State law, more stringent than those requirements established … As it aptly has been said, "the Federal Power Act is not immune from effects of other subsequent acts of Congress.” Appalachian Power Co. v.

Paul Laxalt v. C.K. McClatchy

809 F.2d 885 · Court of Appeals for the D.C. Circuit · Jan 20, 1987

This rule clearly applies to discovery proceedings. See, e.g., Diamantis v. Milton Bradley Co., 772 F.2d 3, 4-5 (1st Cir.1985). … Unless he can establish such a stake, Lax-alt’s claims must be dismissed. III.

North v. Smarsh, Inc.

265 F. Supp. 3d 71 · Court of Appeals for the D.C. Circuit · Aug 22, 2017

Specifically, the plaintiff “must allege specific acts connecting the defendant with the forum, and ... the bare allegation of conspiracy or agency is insufficient to establish personal jurisdiction.” … Smarsh I clearly rest upon the same alleged facts and are extremely similar, merely substituting spoliation for conspiracy. .

Evangelical Lutheran Synod of Missouri v. Federal Communications Commission

105 F.2d 793 · Court of Appeals for the D.C. Circuit · Jun 26, 1939

Each applicant is legally, technically, financially and otherwise qualified to operate as proposed or to continue the operation of its station as presently licensed. 2. … “The cause of independent broadcasting in general would be seriously endangered and public interests correspondingly prejudiced, if the licenses of established stations should arbitrarily be withdrawn from them, and appropriated

United States v. Clarke

24 F.3d 257 · Court of Appeals for the D.C. Circuit · May 20, 1994

The immunized information was, to all appearance, revealed innocently. … offered in Barden’s statement on December 17 but in an immunized session at a later time.

United States v. Thomas W. Moore, Jr.

505 F.2d 426 · Court of Appeals for the D.C. Circuit · Feb 18, 1975

Moore clearly was. … , even when he dispenses narcotic drugs clearly for illegitimate purposes.

Dennis v. United States

171 F.2d 986 · Court of Appeals for the D.C. Circuit · Oct 12, 1948

This case is cited by appellant as establishing the principle that a witness was immune from the service of a sub *989 poena. As a matter of fact, the case holds directly to the contrary. … The question is clearly political rather than judicial. In the recent very illuminating case of Saunders v.

Julius Ingram v. United States

315 F.2d 29 · Court of Appeals for the D.C. Circuit · Dec 6, 1962

In accordance with our practice, we appointed counsel for the reason that petitioner personally was. not qualified to analyze his case or perfect and present points for appeal. *30 Later, at the request of assigned counsel … separate considerations of motions for the appointment of counsel, for the preparation of a transcript of the trial proceedings and, ultimately, for the leave to appeal in forma pauperis. * * * ” This demonstrates quite clearly

Barhoumi v. Obama

609 F.3d 416 · Court of Appeals for the D.C. Circuit · Jun 11, 2010

Nor does Barhoumi dispute that Zubaydah’s militia qualifies as an “associated force” that engaged in hostilities against U.S. or coalition forces. … Gates, 532 F.3d 834 (D.C.Cir.2008), we conclude that the district court did not clearly err in relying on the diary.

Pontchartrain Broadcasting Co., Inc. v. Federal Communications Commission

15 F.3d 183 · Court of Appeals for the D.C. Circuit · Feb 11, 1994

PBC was the only remaining applicant, however, by the time the FCC determined that it had falsely certified in its application that it was financially qualified. … Therefore, allowing PBC to amend its application would not avoid an administrative burden and would not necessarily advance the time at which new television service is established in Hammond.

Motor Vehicle Manufacturers Association of the United States, Inc. v. Environmental Protection Agency, American Methyl Corporation, Intervenor. General Motors Corporation v. Environmental Protection Agency, American Methyl Corporation, Intervenor

768 F.2d 385 · Court of Appeals for the D.C. Circuit · Jul 26, 1985

B. 50,000-Mile Durability Testing 20 Section 211(f)(4) provides that, to qualify for a waiver, an applicant must establish that the fuel "will not cause or contribute to a failure of any emission control device or system … The Administrator, in the Petrocoal waiver decision, stated that the relationship between fuel volatility characteristics (primarily the Front End Volatility Index (FEVI)) and evaporative emissions had been clearly established

Haviv Schieber v. Immigration and Naturalization Service

520 F.2d 44 · Court of Appeals for the D.C. Circuit · May 19, 1975

Any visas left over in a calendar year “shall be made available to other qualified immigrants strictly in the chronological order in which they qualify,” and only if the Secretary of Labor certifies that such entry will not … Both the Board and the court clearly served notice that they did not intend to further continue the date of Schieber’s deportation any longer. We take the same step. 30 .

Helmerich & Payne Intl v. Bolivarian Rep. of Venezuela

Court of Appeals for the D.C. Circuit · Aug 7, 2018

Nor, in any event, does Venezuelan law establish H&P-V as “international” in any relevant sense. … Although H&P-V is correct that Venezuela and PDVSA “bear[] the ultimate burden of persuasion to show [an immunity] exception does not apply,” H&P-V bears the “initial burden” of overcoming the Act’s “presumption of immunity

Weyburn Broadcasting Limited Partnership v. Federal Communications Commission, James River Communications Corporation, Intervenor

984 F.2d 1220 · Court of Appeals for the D.C. Circuit · Apr 13, 1993

In 1981 the FCC simplified the manner by which applicants establish that they are financially qualified. … Appellants have not been able to establish whether there was an intent to deceive because an issue has not been allowed, but an issue has not been allowed because they have not established an intent to deceive.

In Re Grand Jury Subpoena, Miller

438 F.3d 1138 · Court of Appeals for the D.C. Circuit · Feb 15, 2005

Thirdly, appellants argue that their due process rights were violated by the Special Counsel’s ex parte and in camera submission of evidence to the court to establish that the United States had overcome any qualified privilege … Echoing this broad view, we have also described Branzburg as “squarely reject[ing]” a claim to  5 “general immunity, qualified or otherwise, from grand jury questioning.”