Case law

Public Citizen, Inc. v. Office of Management & Budget

598 F.3d 865 · Court of Appeals for the D.C. Circuit · Mar 11, 2010

It does not establish that agencies would comply, and it certainly does not establish that pieces of legislation would "come to [OMB]" before going to Congress. … Yet, while the NLRB strategies clearly affected outsiders — and were presumably intended to influence the other parties' behavior — we said that they merely "establish[ed] rules and practices for agency personnel, and Mr.

Temistocles Ramirez De Arellano v. Caspar W. Weinberger, Secretary of Defense

745 F.2d 1500 · Court of Appeals for the D.C. Circuit · Oct 5, 1984

Thus, it has been said that stockholders are the equitable owners of the property and assets of the corporation, and that they have a proprietary interest in the corporation, and a qualified beneficial interest which is an … The claim thus clearly “arises under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331 (1982).

Grant Anthony v. Otis R. Bowen, Secretary of H.H.S.

848 F.2d 1278 · Court of Appeals for the D.C. Circuit · Jun 7, 1988

Despite that fact, the Court said that “it seems clearly to have been the intent of Congress to permit [the award of fees pen-dente lite ] only to a party who has established his entitlement to some relief on the merits of … Just as the plaintiffs in Hanrahan had not yet established the validity of their civil rights claims, Anthony has not yet established the validity of his. He has won the right to have his STRIDE claims investigated.

Mitchell v. Covington Mills, Inc.

229 F.2d 506 · Court of Appeals for the D.C. Circuit · Dec 1, 1955

To my mind the language of the statute clearly establishes the latter standard. This court so held in a case decided shortly after the passage of the Act. Lukens Steel Co. v. … As far as the argument based on continued administrative interpretation is concerned, I would suppose that we were not entitled to give much weight to action which was until a short time ago completely immune to judicial

Mellon v. Brewer

18 F.2d 168 · Court of Appeals for the D.C. Circuit · Mar 7, 1927

The communication then recites that in March of 1924 the House of Representatives passed a resolution authorizing the appointment of a committee to investigate the Brewer charges, and that “the discussion in Congress clearly … Naturally he presented only such information and only such ‘witnesses as in his opinion would tend to establish his charges.

United States v. Robert J. Scios A/K/A Robert Schwartz

590 F.2d 956 · Court of Appeals for the D.C. Circuit · Jul 27, 1978

Massa consulted a lawyer in New York, who advised him to say nothing until he was granted immunity. The prosecutor in charge of the investigation refused to offer Massa immunity by letter. … The relevance of Johnson to this case is established beyond peradventure by Brown v. Illinois.

Donaldson v. Wright

7 App. D.C. 45 · Court of Appeals for the D.C. Circuit · Sep 30, 1895

Juris., sec. 948a, the principle applicable to a case of this character is clearly stated. … There is nothing in this case, clearly, that can give rise to any such special contract as that referred to in the case of Cox v. Cox.

Citizens for Responsibility v. FEC

Court of Appeals for the D.C. Circuit · Apr 9, 2021

The APA imposes a high bar, met only if “Congress has established procedures so clearly different from those required by the APA that it must have intended to displace the norm.” Asiana Airlines v. … And neither argues that statements of reasons, which constitute the rationale for the Commission’s final action, are categorically immune from judicial review.

Lucile Salter Packard Children's Hospital at Stanford v. National Labor Relations Board

97 F.3d 583 · Court of Appeals for the D.C. Circuit · Oct 11, 1996

Also allowable were sales of medical textbooks, which qualified “as a part of the Hospital’s practice of educational enhancement.” J.A. 267. … In Rochester, all of the activities deemed permissible under section 8(a)(1) were clearly related to the Hospital’s business purposes.

Harold R. Mitchell v. United States

293 F.2d 161 · Court of Appeals for the D.C. Circuit · Jun 19, 1961

before us an affidavit of a Captain of the Metropolitan Police Department, the officer who conducted the lineup at which the identification in question was made, that Ellis positively identified the other person, without qualifying … If the Captain’s affidavit is true appellant has been convicted with the material aid of testimony offered by the government, established to be false by a responsible public official directly concerned with the investigation

Department of Defense, Army-Air Force Exchange Service, and Army-Air Force Exchange Service, Dix-Mcguire Exchange, Fort Dix, New Jersey v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Intervenor. Department of Defense, Department of the Air Force, Air Force Logisticscommand, and Air Force Logistics Command, Wright-Patterson Air Force Base,ohio v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Intervenor. American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, Department of Defense, Intervenors

659 F.2d 1140 · Court of Appeals for the D.C. Circuit · Jul 2, 1981

The antecedent legislative debate had clearly focused, not on the threat of protracted negotiations, but on the kinds of proposals that ought and ought not to be negotiable. … And, if they are not employed, management would be compelled in particular cases to choose either the most senior "qualified employee" or none at all.

In Re United States of America

872 F.2d 472 · Court of Appeals for the D.C. Circuit · Apr 14, 1989

If the information is essential to establishing plaintiff’s prima facie case, dismissal is appropriate. … Here the Government is not appealing a final order, the merits of which clearly would be reviewable. 5 Rather, what lies before us now is a petition for mandamus.

United States v. Clark

382 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Apr 22, 2019

Walker immunity for his testimony, and the government declined to offer him immunity. See June 20, 2016 Hr'g. Tr. at 25-33. … The procedural history of the case clearly establishes the reasonableness of this decision. Ms. Roland assisted Mr. Clark only with resentencing and the appeal thereof. The Court resentenced Mr.

National Parks and Conservation Association v. Rogers C. B. Morton, Secretary, Department of the Interior

498 F.2d 765 · Court of Appeals for the D.C. Circuit · Jun 7, 1974

6 A member of the subcommittee which conducted the hearings raised the issue again with respect to Small Business Administration loan applications : I am thinking of a situation, for example, where the company couldn’t qualify … Morton, 351 F.Supp. 404, 407 (D.D.C. 1972). 19 . 16 U.S.C. § 20g (1970). 20 . 16 U.S.C. § 20d (1970) establishes a preference in favor of the renewal of contracts or permits held by concessioners who have satisfactorily performed

Tony Best v. Sharon Pratt Kelly, Mayor

39 F.3d 328 · Court of Appeals for the D.C. Circuit · Oct 26, 1994

The case ended with a consent decree establishing, among other things, population ceilings for the facility. … Plaintiffs have not suggested any bizarre conspiracy theories, any fantastic government manipulations of their will or mind, any sort of supernatural intervention. 3 Theirs *331 are not clearly fanciful claims, claims “‘so

Overseas Education Association, Inc. v. Federal Labor Relations Authority, Overseas Education Association, Inc. v. Federal Labor Relations Authority

876 F.2d 960 · Court of Appeals for the D.C. Circuit · May 25, 1989

So spoke Congress, emphatically and clearly. … Consequently, we need not reach the question whether they are "appropriate” arrangements, since they do not qualify for consideration under section 7106(b)(3).

Brotherhood of Railway Carmen v. Interstate Commerce Commission and United States of America, Csx Transportation, Inc., Intervenor. American Train Dispatchers' Association v. Interstate Commerce Commission and the United States of America, Norfolk & Western Railway Co. And Southern Railway Co., Intervenors

880 F.2d 562 · Court of Appeals for the D.C. Circuit · Sep 29, 1989

Section 4 of the New York Dock conditions establishes procedures for the resolution--by means of negotiation and, failing that, binding arbitration--of any labor dispute arising from an ICC-approved railroad consolidation … Doc. 503 (Dec. 5, 1917) (reprinted in 1918 Annual Report at 5-7)--it clearly meant to change that legal environment. 50 From our review of this history, we are confident that Congress did not intend, when it enacted the immunity

Howard v. Overholser

130 F.2d 429 · Court of Appeals for the D.C. Circuit · Jun 30, 1942

The more reasonable view is that Congress intended the patient, otherwise qualified, to be transferred only upon establishing the state’s willingness to receive him into its custody. … In this case the evidence clearly established that Colorado has declined to receive the petitioner.

Fred Tarpley, Sr. v. Raymond J. Greene

684 F.2d 1 · Court of Appeals for the D.C. Circuit · Jul 2, 1982

Clearly, that is not the situation in this case, in which appellant seeks relief under section 1983 as well as under the Constitution. … Appellant does not contend on appeal that verbal abuse alone is sufficient to establish a Fourth Amendment claim under § 1983. 14 .

Robert S. McNamara Secretary of Defense v. Joseph W. Dick

323 F.2d 276 · Court of Appeals for the D.C. Circuit · Oct 28, 1963

Others with former A&S ratings are being assigned to other jobs for which they are qualified, such as “Shop Planner.” … The Production Control Manual clearly describes the function of the Shop Analyst and Scheduler. He is, or was, the staff assistant to the Master Mechanic in the Shop.