Case law

Chaplaincy of Full Gospel Churches v. United States Navy

697 F.3d 1171 · Court of Appeals for the D.C. Circuit · Nov 2, 2012

Establishment Clause.” 534 F.3d at 760 (internal quotation marks omitted). … At oral argument, counsel for the Navy claimed that this amounts to an implicit factual finding to which we must defer unless clearly erroneous. Oral Arg. Rec. 34:05–34:32, 34:58–35:30; see Ellipso, Inc. v.

United States v. Trucking Management, Inc.

662 F.2d 36 · Court of Appeals for the D.C. Circuit · Aug 14, 1981

We find it highly unlikely that Congress would have impliedly approved Executive interference with the same bona fide seniority systems it had deliberately immunized under section 703(h). … Griggs established that even facially neutral employment practices are condemned under Title VII if they have discriminatory effects. 401 U.S. at 432 , 91 S.Ct. at 854 .

United States v. Michael Lemonakis, United States of America v. Paul Enten

485 F.2d 941 · Court of Appeals for the D.C. Circuit · Oct 15, 1973

Attorney’s office seeking immunity from prosecution. … First, the recordings were clearly not, as Lemonakis contends here, “the keystone of the government’s case against” him.

National Coalition Against the Misuse of Pesticides v. Thomas

809 F.2d 875 · Court of Appeals for the D.C. Circuit · Jan 16, 1987

For example, if after EPA established a zero tolerance for EDB on imported mangoes, evidence emerged indicating that this pesticide was less harmful than previously believed, the statute clearly contemplates reassessment … But we emphasize that the document plainly qualifies as one that EPA should have made public.

Joseph R. Berger v. Board of Psychologist Examiners

521 F.2d 1056 · Court of Appeals for the D.C. Circuit · Oct 28, 1975

Appellant Berger does not qualify even under these amendments. … But on remand, following a declaration by this court that the statute’s irrebutta-ble presumption does not accord with principles clearly set forth in the case law, the Board could proceed to determine whether Berger’s extensive

Alan J. White v. Office of Personnel Management

840 F.2d 85 · Court of Appeals for the D.C. Circuit · Feb 26, 1988

The court held that White was attempting “to turn an administrative appellate procedure into a willful and intentional violation of the Privacy Act” and that that attempt was “clearly unsupportable and irrational.” … A plain failure to comply with established policy might constitute “willful” or “intentional” conduct actionable under § 552a(g)(4).

Sadie E. Cole v. Patricia Roberts Harris, Individually and in Her Official Capacity as Secretary of the United States Department of Housing and Urban Development, Sadie E. Cole v. Patricia Roberts Harris, Individually and in Her Official Capacity as Secretary of the United States Department of Housing and Urban Development

571 F.2d 590 · Court of Appeals for the D.C. Circuit · Nov 14, 1977

Congress clearly did not intend that tenants displaced by a simple decision to wreck their homes would receive less protection than tenants displaced by a constructive urban renewal project. 27 In sum, appellees qualify as … (emphasis added) 28 Because we conclude that appellees qualify as "displaced persons" under the notice clause, we need not reach the difficult question whether they also qualify under the acquisition clause.

Mickey Edwards, Member of Congress, Oklahoma v. James Earl Carter, President of the United States

580 F.2d 1055 · Court of Appeals for the D.C. Circuit · Jun 13, 1978

The treaty power clearly allows the President with the approval of the Senate to establish rights and obligations between this nation and other countries. … ARTICLE VIII PRIVILEGES AND IMMUNITIES 1.

Boilermakers Local No. 374, Etc. v. National Labor Relations Board

852 F.2d 1353 · Court of Appeals for the D.C. Circuit · Aug 2, 1988

The committee determined that neither Lindsey nor Kessinger had established that they had 8,000 hours of boilermaker field work. GC Ex. 37(b). … Assuming arguendo that the committee qualified as an arbitral tribunal, the AU properly did not defer to its conclusions.

Alaska Airlines, Inc. v. Transportation Security Administration

588 F.3d 1116 · Court of Appeals for the D.C. Circuit · Dec 11, 2009

Shortly after the terrorist attacks on September 11, 2001, Congress enacted the Aviation and Transportation Security Act establishing the TSA and vesting it with primary responsibility for maintaining civil air security. … Rivera- Maldonado, 194 F.3d 224 (1st Cir. 1999)(remanding for resentencing where district court’s estimates were clearly miscalculated and not representative); United States v.

Asociacion de Compositores y Editores de Musica Latinoamericana v. Copyright Royalty Tribunal

809 F.2d 926 · Court of Appeals for the D.C. Circuit · Jan 23, 1987

Following well-established precedents, we decline the invitation. We will not consider a novel contention first advanced in a reply brief. See, e.g., United States v. … LAMCO, on the other hand, while clearly “aggrieved” by what Mr. Bernard deefns to be a low award, has filed no petition for review as required by Federal Rule of Appellate Procedure 15.

Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board

684 F.3d 1332 · Court of Appeals for the D.C. Circuit · Jul 6, 2012

The CRJs rejected Intercollegiate’s proposal to establish different fee structures for “small” and “very small” noncommercial webcasters. See id. at 13,040/2-13,042/1. … To qualify as an “Officer of the United States” within the meaning of the clause, i.e., not simply an “employee,” a person must “exercis[e] significant authority pursuant to the laws of the United States.” Buckley v.

Beverly Hospital v. Otis R. Bowen, Secretary of Health and Human Services. Tennessee Hospital Association v. Otis R. Bowen, Secretary of Health and Human Services. Circle City Hospital v. Otis R. Bowen, Secretary of Health and Human Services. Castle Medical Center v. Otis R. Bowen, Secretary of Health and Human Services

872 F.2d 483 · Court of Appeals for the D.C. Circuit · Apr 14, 1989

To remain in the Medicare program, hospitals had to enter into qualifying agreements with PROs by November 15, 1984. … We reject the Secretary's plea of sovereign immunity. Plaintiffs are not impeded by sovereign immunity for they seek only funds to which they are entitled under a statute. See Bowen v.

Friedman v. Federal Aviation Administration

841 F.3d 537 · Court of Appeals for the D.C. Circuit · Nov 15, 2016

Accordingly, the FAA issues airman certificates to pilots who are “qualified for, and physically able to perform the duties related to, the position.” Id. § 44703(a). … While these directives are clearly open to interpretation, they nonetheless provide a judicially manageable standard.

Mimi Cutler, Stephen D. Annand and National Council of Senior Citizens v. Dr. Arthur Hull Hayes, Jr.

818 F.2d 879 · Court of Appeals for the D.C. Circuit · May 5, 1987

First, advisory review panels of qualified experts are appointed to analyze existing test data and make recommendations in the form of monographs establishing the conditions under which each OTC drug could be marketed without … These experts must be "qualified by scientific training and experience to evaluate the safety and effectiveness of drugs.” Id.

K.W. v. District. of Columbia

385 F. Supp. 3d 29 · Court of Appeals for the D.C. Circuit · May 7, 2019

K.W. qualifies as a child needing special education services and is entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq ; see id. § 1415(a) … State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof *39 to the deprivation of any rights, privileges, or immunities

NB Ex Rel. Peacock v. District of Columbia

794 F.3d 31 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

The District has established a prior authorization requirement for certain drugs. … To have a protected property interest in a given benefit, “a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Perry Capital LLC v. Steven Mnuchin (Reissued)

Court of Appeals for the D.C. Circuit · Jul 17, 2017

waived the agency’s immunity by consenting to suit. … Regardless of whether Congress had many options or very few, it chose a well-understood and clearly-defined statutory framework—one that drew upon the common law to clearly delineate the outer boundaries of the Agency’s

United States v. Frederick F. Fadayini, United States of America v. Fatai A. Gafari

28 F.3d 1236 · Court of Appeals for the D.C. Circuit · Sep 16, 1994

Gafari objected to the identifications, the court qualified Agent Byers as an expert witness in the identification of individuals from photographs. … Gafari challenges the court’s finding, arguing that the photographic evidence is not sufficient to establish that he had the specific intent required to commit either the bank fraud or access device fraud offenses.

Truckers United for Safety v. Mead

329 F.3d 891 · Court of Appeals for the D.C. Circuit · Jun 3, 2003

The IG opposed the petition on the grounds that his actions were ‘‘substantially justified’’ and that TUFS’s lawyer did not qualify for a fee enhancement under EAJA. … We review an EAJA fee award for abuse of discretion and ‘‘will reverse the district court if its decision rests on clearly erroneous factual findings or if it leaves us with a definite and firm conviction that the court below