Case law

Am. Bankers Ass'n v. Nat'l Credit Union Admin.

306 F. Supp. 3d 44 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

The rule established three requirements for community credit union applications: (1) the proposed area must have clearly defined geographic boundaries; (2) the applicant must demonstrate that the proposed area falls within … First, the rule established that any Single Political Jurisdiction (or any contiguous portion of one) automatically qualified as a local community. Id. at 18,357 .

At&T Corp. v. Federal Communications Commission

841 F.3d 1047 · Court of Appeals for the D.C. Circuit · Nov 18, 2016

But in prior rulings the Commission had repeatedly referred to “call set-up” in terms that seem to encompass the services of tandem switches, e.g., speaking of it as the process of “establish[ing] transmission paths over … YMax II, 27 FCC Rcd. at 2144, ¶¶ 4-5; see id. at 2149 (amending § 61.26(f) with the qualifier “to the extent permitted by § 51.913(b)”).

White House Vigil for the Era Committee v. William P. Clark, Secretary of the Interior

746 F.2d 1518 · Court of Appeals for the D.C. Circuit · Oct 26, 1984

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … The "clearly erroneous” standard is set forth in Fed.R-Civ.P. 52(a). .

Reissner v. Rogers

276 F.2d 506 · Court of Appeals for the D.C. Circuit · Mar 10, 1960

We conclude that the District Court was not justified in reversing the finding as clearly erroneous. … If such a claim were not a debt for purposes of German law, it would indeed be anomalous that it could qualify as a debt for purposes of Section 34.

Murray v. United States

288 F. 1008 · Court of Appeals for the D.C. Circuit · Apr 3, 1923

Counsel for defendant said: “I thought you might want to qualify him.” … In the case at bar decedent’s death had been established.

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

569 F.3d 434 · Court of Appeals for the D.C. Circuit · Jun 19, 2009

veil of administrative secrecy and to open agency action to the light of public scrutiny,” the Freedom of Information Act reflects “a *439 general philosophy of full agency disclosure unless information is exempted under clearly … Public Citizen, which of course has never seen the documents, suspects that they establish which agencies may bypass OMB despite the lack of clear statutory authority to do so and in this way regulate other agencies.

United States Ex Rel. Oliver v. Philip Morris USA Inc.

826 F.3d 466 · Court of Appeals for the D.C. Circuit · Jun 21, 2016

Philip Morris  14 produced the Iceland Memo in subsequent litigation, and it was placed in this previously-established online database. … The website and linked PDF file clearly “give[] information or a notification, or an official or formal statement of facts,” Schindler, 563 U.S. at 407 (internal citation, quotation marks, and alterations omitted).

Cobell, Elouise v. Norton, Gale A.

240 F.3d 1081 · Court of Appeals for the D.C. Circuit · Feb 23, 2001

As noted above, BIA is also required to contract with qualifying tribes for the management of IIM accounts. … Sovereign Immunity The federal government claimed sovereign immunity below, but did not renew this claim on appeal.

Meina Xie v. John Kerry

780 F.3d 405 · Court of Appeals for the D.C. Circuit · Mar 10, 2015

For example, applicants seeking to qualify for employment visas must fit within one of the five employment-based “preference” categories enumerated in 8 U.S.C. § 1153(b), each subject to an annual cap. … Rather, she points to a precise section of the INA, establishing a specific principle of temporal priority that clearly reins in the agency’s discretion, and argues that the disparate cut-off dates for various subcategories

Coburn v. McHugh

679 F.3d 924 · Court of Appeals for the D.C. Circuit · May 25, 2012

MEB Initiation Army Regulation 635-40 “establishes the Army Physical Disability Evaluation System.” Army Reg. 635-40 ¶ 1-1. … And, as noted above, the record clearly supports this conclusion and, in some instances, suggests Coburn was “referred” to a MEB.

Pom Wonderful, LLC v. Federal Trade Commission

777 F.3d 478 · Court of Appeals for the D.C. Circuit · Jan 30, 2015

If an ad instead conveys a non-specific establishment claim— e.g., an ad stating that a product’s efficacy is “medically proven” or making use of “visual aids” that “clearly suggest that the claim is based upon a foundation … Even if the Commission concludes at the first step that an advertiser conveyed efficacy or establishment claims and determines at the second step that the claims qualify as false, misleading, or unsubstantiated, it can issue

Andrew Whelan v. Tyler Abell

48 F.3d 1247 · Court of Appeals for the D.C. Circuit · May 17, 1995

“Misrepresentations, condoned in the political arena, are not immunized when used in the adjudicatory process.” … the tortious interference claim against the Estate, it clearly erred in finding that setting aside the default would not substantially prejudice plaintiffs on this' claim.

Stacy Evers v. Herbert A. Buxbaum, T/a Rubin Optical Company, and Dr. Joseph Friedman

253 F.2d 356 · Court of Appeals for the D.C. Circuit · Apr 1, 1958

But Friedman knew, clearly, that “He should be referred to a medical doctor or an ophthalmologist, someone who is more trained for further study and investigation to look into this.” Later he added. … The optician is an artisan qualified to grind lenses, fill prescriptions, and fit frames.” Williamson v.

Braun v. U.S. Postal Serv.

317 F. Supp. 3d 540 · Court of Appeals for the D.C. Circuit · Jun 30, 2018

Accordingly, both are qualifying statutes under FOIA Exemption 3. … The second Exemption 6 requirement is that "the information must be of such a nature that its disclosure would constitute a clearly unwarranted invasion of personal privacy."

Lindsey v. United States

133 F.2d 368 · Court of Appeals for the D.C. Circuit · Dec 1, 1942

At the trial the jury was instructed that this statute meant that the jury might qualify their verdict in cases where there were some mitigating or palliating circumstances. … “Upon all of the evidence, it is for you to say whether or not the specific intent to kill has been established beyond a reasonable doubt.

Tax Analysts and Advocates and Thomas F. Field v. Internal Revenue Service

505 F.2d 350 · Court of Appeals for the D.C. Circuit · Sep 12, 1974

“It is well established that information which either creates or provides a way of determining the extent of substantive rights and liabilities constitutes a form of law that cannot be withheld from the public. … Accordingly, the regulation cannot immunize letter rulings from disclosure under the Freedom of Information Act. 2 . Our recent decision in National Parks and Conservation Assoc. v. Rogers C. B.

Campaign Legal Center v. FEC

68 F.4th 607 · Court of Appeals for the D.C. Circuit · May 19, 2023

This occurs when the district court “applies the wrong legal standard or relies on clearly erroneous findings of fact.” Id. … There, the district court denied the United States’ intervention to contest subject matter jurisdiction two weeks after judgment was entered for plaintiffs suing under an exception to the Foreign Sovereign Immunities Act.

Great Lakes Airlines, Inc. v. Civil Aeronautics Board, Common Carrier Railroads, Intervenor, Trans World Airlines, Inc., Intervenor, United Air Lines, Inc., Intervenor. Central Air Transport, Inc. v. Civil Aeronautics Board, United Air Lines, Inc., Intervenor, Trans World Airlines, Inc., Intervenor, the Atchison, Topeka and Santa Fe Railway Company, Common Carrier Railroads, Intervenors. Air Transport Associates, Inc. v. Civil Aeronautics Board, Trans World Airlines, Inc., Intervenor, the Atchison, Topeka and Santa Fe Railway Company, Intervenors. Continental Charters, Inc. v. Civil Aeronautics Board, Trans World Airlines, Inc., Intervenor, the Atchison, Topeka and Santa Fe Railway Company, Intervenors. Air Cargo Express, Inc., a Corporation v. Civil Aeronautics Board, Trans World Airlines, Inc., Intervenor, the Atchison, Topeka and Santa Fe Railway Company, Intervenors

294 F.2d 217 · Court of Appeals for the D.C. Circuit · Mar 21, 1961

No sanctions were imposed as a result of the findings, and the issue was "tried and determined" only in the sense that it was established as an evidentiary fact. … Air Cargo must be given an opportunity to establish its qualifications under the changed circumstances alleged.

Louis H. Aikens v. United States Postal Service, Board of Governors

642 F.2d 514 · Court of Appeals for the D.C. Circuit · Nov 20, 1980

Green, which held that a Title VII plaintiff can establish a prima facie case of racial discrimination by showing: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer … The panel majority concluded that the weight of evidence on record so clearly indicated plaintiff’s qualifications for the jobs in question that this court could hold plaintiff to be “qualified” without remanding the issue

Amador County, Cal. v. Salazar

640 F.3d 373 · Court of Appeals for the D.C. Circuit · May 6, 2011

These provisions, the Secretary argues, preclusively establish that the Rancheria qualifies as “Indian land.” … Nonetheless, “[p]reclusion is appropriate when the stipulation clearly manifests the parties’ intent to be bound in future actions.”