Case law
Opinions from 1658 to today.
6,967 results
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Doris Day Animal League v. Veneman
315 F.3d 297 · Court of Appeals for the D.C. Circuit · Jan 14, 2003
One definition of "store" is "a business establishment where goods are kept for retail sale." Webster's Third New International Dictionary 2252 (1986). But what is a "business" and what is an "establishment"? … Congress almost always could write a provision in a way more clearly favoring one side - or the other - in a dispute over the interpretation of a statute.
Cited 20 timesPublishedCenter for Taxpayer Rights v. IRS
Court of Appeals for the D.C. Circuit · Sep 8, 2026
have established that they are likely to succeed on the merits of their APA challenge. … And the IRS has identified no reason to think that the district court clearly erred in either assessment.
Cited 0 timesPublishedTime Warner Entertainment Co. v. Federal Communications Commission
93 F.3d 957 · Court of Appeals for the D.C. Circuit · Aug 30, 1996
Amendments enacted in 1992 authorized the FCC to establish a maximum price for leased access, to regulate terms and conditions, and to establish procedures for the expedited resolution of disputes. 47 U.S.C. § 532 (e)(4)( … operators with immunity was a matter of grace that it has always been free to rescind.”
Cited 4 timesPublished818 F.2d 901 · Court of Appeals for the D.C. Circuit · May 5, 1987
The Statutory Scheme The Federal Tort Claims Act is a limited waiver of the United States’ sovereign immunity and renders the Federal Government liable to the same extent as a private party for certain torts of its employees … The amended notice apprised the Government of Keene’s claim for damages, stating “[t]he present amount of Damages [for which the United States is liable to Keene] is the sum of $1,088,135;” it then immediately qualified:
Cited 314 timesPublished851 F.2d 1457 · Court of Appeals for the D.C. Circuit · Jul 15, 1988
The Veterans’ Records Statute also is part of a field of law in which the federal interest is clearly dominant. … Doe II clearly establishes Doe’s right not to have the highly personal information and thoughts he has shared with his VA physicians released by the VA in response to a grand jury subpoena.
Cited 40 timesPublishedWeber, Calvin J. v. United States
209 F.3d 756 · Court of Appeals for the D.C. Circuit · Apr 28, 2000
(The government does not argue that the actions of the OSC should be entirely immune from judicial review.1) Here, Weber claims that the OSC violated a statutory duty to investigate his allegations. … Department of the OSC's view of its authority is not relevant because mandamus is proper only when an agency has a clearly established duty to act, and here the OSC does not.3 Mandamus is inappropriate, moreover
Cited 47 timesPublishedUnited States ex rel. Kerr v. Ross
5 App. D.C. 241 · Court of Appeals for the D.C. Circuit · Jan 24, 1895
This criticism of the regulations seems to be just, and, to the extent that under them fully *252 qualified and capable workmen might be deprived of their natural right to labor at their callings and to earn a livelihood … Clearly the right to regulate at all includes the right to make additional regulations to the same end as the progress of the art and knowledge gained by experience and observation may reasonably suggest.
Cited 3 timesPublishedTelecommunications Research And Action Center v. Federal Communications Commission
801 F.2d 501 · Court of Appeals for the D.C. Circuit · Sep 19, 1986
[but] clearly made [it] a binding part of the statute." J.A. at 118, 119. … There must be "a legally qualified candidate for a public office," "a broadcasting station," and a "use" of that station.
Cited 10 timesPublished377 F. App'x 25 · Court of Appeals for the D.C. Circuit · May 24, 2010
claims of discriminatory non-selection for the positions of Special Assistant to the Director and Lead Logistics Management Specialist because Thomas’s conceded failure to apply for either position precluded his ability to establish … Smoak’s comment that Thomas had “retired in place,” when read in context, clearly refers to Thomas’s work ethic, not to his age. 2009 Mem. Op. at 9. With respect to Thomas’s allegation that Mr.
Cited 0 timesPublishedUnited States v. Cooleridge Bell
708 F.3d 223 · Court of Appeals for the D.C. Circuit · Mar 1, 2013
A defendant who qualifies for the safety valve is also entitled to a two-point reduction in his offense level. Id. § 2D1.1(b)(16). … But Rashad’s call for remand of a “colorable and previously unexplored” claim of ineffective assistance is clearly not limited to cases where the record alone shows a Strickland violation.
Cited 11 timesPublishedUnited States v. Melvin Knight
981 F.3d 1095 · Court of Appeals for the D.C. Circuit · Dec 8, 2020
Nothing in Lee implies that disparity in sentencing exposure can never qualify as contemporaneous evidence. In Lee, 137 S. … That finding was not clearly erroneous, and it establishes that Knight did not receive ineffective assistance of counsel.
Cited 21 timesPublishedWHW Enterprises, Inc. v. Federal Communications Commission
753 F.2d 1132 · Court of Appeals for the D.C. Circuit · Feb 5, 1985
The 15-mile rule was clearly designed to promote flexibility and encourage applications from communities other than the assigned community. … In addition, the inaccuracy at issue in Scott & Davis was clearly immaterial; the Board found that there had never been any doubt that the applicant was financially qualified. Id. at 1099.
Cited 1 timesPublishedMidwest Gas Users Association v. Federal Energy Regulatory Commission
833 F.2d 341 · Court of Appeals for the D.C. Circuit · Feb 16, 1988
This court found that the Commission's Title I determination clearly met the standard for final agency action. … to a contract amendment to establish a "renegotiated price" which would qualify the production for special incentive ceiling price.
Cited 2 timesPublishedAlexander v. Washington Metropolitan Area Transit Authority
826 F.3d 544 · Court of Appeals for the D.C. Circuit · Jun 24, 2016
On March 28, 2012, the EEOC issued a Letter of Determination finding reasonable cause to believe that the Authority’s decision not to hire Alexander violated the ADA because evidence indicated that Alexander “is a qualified … could not recollect events following his consumption of alcohol (consistent with blackouts), as well as a more general deterioration in his ability to sleep regularly”; that he previously continued to use alcohol “despite a clearly
Cited 41 timesPublishedMarion G. Robertson and Americans for Robertson, Inc. v. Federal Election Commission
45 F.3d 486 · Court of Appeals for the D.C. Circuit · Feb 3, 1995
The transferred funds, in the amount of $17,008.00, were thus not shown to have been spent on qualified campaign expenses. … The Commission’s regulations clearly require that such disbursements be accounted for, including proof of transfers and deposits. 11 C.F.R. § 9033.11 (c).
Cited 13 timesPublishedCarney, Darion M. v. Amer Univ
151 F.3d 1090 · Court of Appeals for the D.C. Circuit · Aug 11, 1998
Under that framework, the plaintiff must first establish a prima facie case, i.e., that she is a racial minority, that she applied for an available position for which she was qualified, that she was rejected, and that … Cosmair, Inc, L'Oreal Hair Care Div., 821 F.2d 1085, 1089 (5th Cir. 1987) ("Clearly if [the employer] stopped providing [the employee] benefits to which he was otherwise entitled simply because he filed a charge, the company
Cited 207 timesPublishedShays v. Federal Election Commission
414 F.3d 76 · Court of Appeals for the D.C. Circuit · Jul 15, 2005
The regulations shall not require agreement or formal collaboration to establish coordination.” BCRA § 214(c), 116 Stat. at 95. … a political party or “clearly identified candidate for Federal office.”
Cited 131 timesPublished672 F.2d 150 · Court of Appeals for the D.C. Circuit · Mar 2, 1982
waived sovereign immunity. … Read naturally, the language of the provision clearly waives sovereign immunity with respect to any case in which an employee or applicant for employment appears as a party. 90 2. Legislative intent.
Cited 1 timesPublishedNational Lifeline Association v. FCC
983 F.3d 498 · Court of Appeals for the D.C. Circuit · Dec 22, 2020
In sum, we hold that the disputed rules clearly foreclose payments to ETCs for subscribers in prepaid plans who have not used Lifeline service for 30 consecutive days or who have not cured their nonusage. … Thus, Petitioner has not established a Takings Clause violation. See Garelick, 987 F.2d at 916-17. III.
Cited 18 timesPublishedUnited States v. Jeffrey I. Cohen
733 F.2d 128 · Court of Appeals for the D.C. Circuit · May 4, 1984
On that basis, the present legislation does not qualify, since we find it totally devoid of those characteristics invoking strict scrutiny. … V 1981)) (establishing a national minimum wage for all employees in interstate commerce).
Cited 41 timesPublished
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