Case law

United States v. David L. Simmons

670 F.2d 365 · Court of Appeals for the D.C. Circuit · Mar 5, 1982

In the main it is conclusory and asserts conclusions beyond what Johnson is qualified to state. … If Simmons and his counsel decide to proceed further with the hearing and the court decides to grant a new trial, it is pointed out that Johnson, if he refuses to testify, can be compelled to do so by a grant of immunity,

Honolulu Typographical Union No. 37, International Typographical Union, Afl-Cio v. National Labor Relations Board

401 F.2d 952 · Court of Appeals for the D.C. Circuit · Aug 9, 1968

In a sense it is true, as the Union contends, that the Board's inter- *956 pretation of Tree Fruits gives broader immunity to those secondary sellers who happen to be retailing struck primary products that are so. merged … The Board held that the reference on the handbills “Please Do Not Patronize This Establishment” clearly was to all the shops within the Market Place, all but two of which had to be reached by passing through the entrance.

Harvey J. Gordon v. Aetna Life Insurance Company

467 F.2d 717 · Court of Appeals for the D.C. Circuit · Oct 12, 1971

This clearly suffices for appellant to bring a class action on his own behalf and on behalf of all other policyholders similarly situated. B. … Clearly then, both by denying and citing as “irrelevant” appellant’s primary contention that mental retardation qualifies under the “mental and nervous disorders” section of the policy, Aetna succeeds, with the majority’s

Timothy R. Murphy v. Department of the Army

613 F.2d 1151 · Court of Appeals for the D.C. Circuit · Dec 21, 1979

His constituents, the citizens who elected him to represent them in the national legislature, would surely be directly and substantially affected by the establishment of, or the failure to establish, this kind of public works … This case does not involve the breadth of Exemption Five; the documents sought by appellant are plainly immune from disclosure under that exemption.

National Association of Broadcasters v. Federal Communications Commission and United States of America, National Citizens Committee for Broadcasting, Western Union Telegraph Company, Forward Communications Corporation, Graphic Scanning Corporation, United States Satellite Broadcasting Company, Inc., Direct Broadcast Satellite Corporation, Satellite Television Corporation, Satellite Syndicated Systems, Inc., Aerospace and Flight Test Coordinating Council, Manufacturers Radio Frequency Advisory Committee, Cbs, Inc., National Black Media Coalition, Association of Maximum Service Telecasters, Inc., California Public Safety Radio Association, Inc., Rca American Communications, Inc., Intervenors. National Association of Broadcasters v. Federal Communications Commission and United States of America, Satellite Television Corporation, National Citizens Committee for Broadcasting, Satellite Syndicated Systems, Inc., Forward Communications Corporation, U.S. Satellite Broadcasting Co., Televisa, S.A., National Black Media Coalition, Cbs, Inc., Intervenors. County of Los Angeles v. Federal Communications Commission and United States of America, Satellite Television Corporation, Intervenor

740 F.2d 1190 · Court of Appeals for the D.C. Circuit · Jul 24, 1984

section 315, which provides that, if one political candidate is allowed to use a station, other qualified candidates must be given an equal opportunity to respond. … Third, the FCC clearly decided that the public interest warranted preferring DBS to FS even if significant costs were thereby imposed on FS Users. Id.

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.

Raymond Warrenner v. Washington Metropolitan Area Transit Commission

346 F.2d 836 · Court of Appeals for the D.C. Circuit · May 13, 1965

to say that it is, we are of the opinion that Warrenner began the operation in good faith under "color" of authority; that his movements were open and undisguised and the transportation was rendered in his own vehicles, clearly … Of course it is true that one who operates in clear and calculated defiance of applicable regulatory laws may have great difficulty in establishing his bona fides for purposes of a grandfather clause. McDonald v.

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.

Alfonso J. Torre v. Marion Barry, Jr., Individually and as Mayor of the District of Columbia

661 F.2d 1371 · Court of Appeals for the D.C. Circuit · Aug 4, 1981

Although the Johnson case involved alleged discrimination by a private employer, Congress clearly expressed its intention also to allow state and local government employees to seek relief under either Title VII or the older … In the first place, there were no problems of sovereign immunity in the context of the Johnson case.

Telesat Canada v. FCC

999 F.3d 707 · Court of Appeals for the D.C. Circuit · Jun 4, 2021

The Ray Baum’s Act merely provided that the regulatory fees established under Section 9 of the Communications Act “shall remain in effect . . . until such time as the Commission adjusts or amends such fee under subsection … It clearly identified the basic governing statute as well as the Communications Act and its 2018 amendment. See Nat’l Tour Brokers Ass’n v. United States, 591 F.2d 896, 900 (D.C. Cir. 1978).

Yanofsky v. U.S. Dep't of Commerce

306 F. Supp. 3d 292 · Court of Appeals for the D.C. Circuit · Mar 30, 2018

In other words, it is well established that "when a [ ] court reviews a question of law de novo, the court must use its 'its full knowledge of its own [and other relevant] precedents.' " Id. … Circuit explained that the phrase " 'thing of value' clearly does not describe 'particular types of records[,]' " but that court did not even deign to address the possibility that the statute's reference to "a service ...

Smith v. United States

36 F.2d 548 · Court of Appeals for the D.C. Circuit · Dec 2, 1929

Laying aside the objectionable negative style of the charge, we think it erroneous in point of law, in that it ignores the modem well-established doctrine of "irresistible impulse.” … Thus the court clearly indicated that, had the portion of the charge above quoted been limited or restricted in other portions of the charge, it would have been regarded as error.

Phillips Petroleum Company v. Federal Energy Regulatory Commission

792 F.2d 1165 · Court of Appeals for the D.C. Circuit · Jun 13, 1986

Gas produced by an independent producer that was committed or dedicated to the interstate market before the date of enactment of the NGPA for which a just and reasonable rate was in effect qualifies for the section 104 rate … view that FERC would not set pipeline-gas prices at the same rate as producer gas, but rather would price the gas at its old NGA price: 38 This argument glosses over the full meaning of Congress' determination that old gas qualifies

Linda M. Nelson, Parent of Nelson, Tracey R. v. United States

838 F.2d 1280 · Court of Appeals for the D.C. Circuit · Feb 5, 1988

The base security’s duty to remove Rocky, if any, clearly arose within the scope of their employment: keeping the base secure for residents is what the security are paid to do. … It is well established that the duty of police officers to protect citizens is a general one; it is not owed to any particular citizen. Morgan v. District of Columbia, 468 A.2d 1306, 1310-12 (D.C.1983) (en banc).

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 deems to be a low award, has filed no petition for review as required by Federal Rule of Appellate Procedure 15.

Circus Circus Casinos, Inc. v. NLRB

961 F.3d 469 · Court of Appeals for the D.C. Circuit · Jun 12, 2020

qualify as statements reasonably calculated to apprise an employer of a desire for union representation, even absent any reference to a union as such. … Schramm’s statements here, which specifically referenced union representation, evince a desire for such representation no less clearly.

Mazaleski v. Treusdell

562 F.2d 701 · Court of Appeals for the D.C. Circuit · Apr 26, 1977

The principles governing the award of summary judgment are well-established. … The issue here is essentially legal, since procedural irregularities are indeed clearly established by the record as appellant maintains. 38 *199 The essence of appellant s first argument is that the regulations entitled

United States v. Dante Sheffield

832 F.3d 296 · Court of Appeals for the D.C. Circuit · Aug 12, 2016

That no traffic citation was ever issued, Sheffield argues, is “clearly indicative of the intent to target Dante Sheffield via this ever so slight traffic violation.” Pet. Br. 29. … Rather, unrefuted testimony establishes that Sheffield himself started talking on his own, asking “[w]hat are we getting arrested for?” Supp. App. 12.

Chambers v. Robertson

183 F.2d 144 · Court of Appeals for the D.C. Circuit · Jun 12, 1950

Hull, 76 U.S.App.D.C. 301 , 131 F.2d 23, 25 ) as follows: “The writ [mandamus] should be used only when the duty of the officer to act is clearly established and plainly defined and the obligation to act is peremptory * * … The language urged by appellee does not qualify this requirement. In fact, if it affected this requirement in any way, it would be to destroy it entirely.

National Wildlife Federation v. Interstate Commerce Commission

850 F.2d 694 · Court of Appeals for the D.C. Circuit · Jun 10, 1988

If interim use of an established right-of-way consistent with the National Trails System Act is feasible, and a State, political subdivision, or qualified private organization is prepared to assume full responsibility for … ICC, 841 F.2d 479 , 483 (2d Cir.1988) (holding that § 8(d) does not clearly confer the power to order trail use). . Beres also advances two separate arguments that warrant only brief mention.