Case law

Media Access Project, People for the American Way, and Union of Concerned Scientists v. Federal Communications Commission and United States of America

883 F.2d 1063 · Court of Appeals for the D.C. Circuit · Aug 29, 1989

Section 552(a)(4)(A)(i) plainly delegates authority to establish fee schedules and guidelines to each agency and authority to establish uniform fee schedule guidelines to OMB. … See Commission Brief at 36 (PFAW and UCS, for purposes of regular publication of a newsletter or periodical, would qualify for reduced fees).

Arnold v. Thompson & Spear Co.

279 F. 307 · Court of Appeals for the D.C. Circuit · Mar 6, 1922

Clearly it was not com *311 petent as a copy of the files of the Bureau of Yards and Docks, because not certified as required by the statute. … the proper way to establish its performance; but it was not.

Columbia Gas of Maryland, Inc. And Cumberland and Allegheny Gas Company v. The United States

366 F.2d 991 · Court of Appeals for the D.C. Circuit · Dec 16, 1966

The legislative history and Cabot do appear to establish a 100 percent continuity of interest requirement for the stamp tax exemption which may be more stringent than the case law and administrative practice relating to F … Section 1244 gives favored ordinary loss treatment to losses realized on sales or exchanges of stock of qualifying small business corporations.

Thomas v. Gandhi

377 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.

In Re Franklyn C. NOFZIGER

925 F.2d 428 · Court of Appeals for the D.C. Circuit · Mar 7, 1991

to strictly construe waivers of sovereign immunity allow such equitable arguments to prevail over the terms of the statute. … That decision establishes the law of the ease and obviates the “no indictment” requirement of section 593(f)(1).

Archdiocese of Wash. v. Wash. Metro. Area Transit Auth.

897 F.3d 314 · Court of Appeals for the D.C. Circuit · Jul 31, 2018

Trinity Lutheran involved a series of criteria for eligibility for which the church had “fully qualified,” id. at 2023. … The immunity issue was not thoroughly briefed by the parties, however.

Bloche v. Dep't of Def.

370 F. Supp. 3d 40 · Court of Appeals for the D.C. Circuit · Mar 29, 2019

A document qualifies if it is both pre-decisional and deliberative. E.g., Judicial Watch, Inc. v. FDA , 449 F.3d 141 , 151 (D.C. Cir. 2006). … First, to establish that the documents at issue were "compiled for law enforcement purposes," the agency must "establish a rational nexus between the investigation and one of the agency's law enforcement duties," as well

John Franklin Gage v. The Riggs National Bank of Washington, D.C., Administrator, Estate of Margaret Delano Gage, Etc., Deceased

337 F.2d 105 · Court of Appeals for the D.C. Circuit · Jun 25, 1964

We had said at the same time that, if there is a qualified next-of-kin actively seeking appointment, an outsider may not be appointed. … The reasons here appear clearly in the District Court’s memorandum, and they are fully supported by what is contained in the transcript of the hearing upon remand.

Chisholm v. Federal Communications Commission

538 F.2d 349 · Court of Appeals for the D.C. Circuit · Apr 12, 1976

The original interpretation of the 1959 exemptions, which the 1975 Opinion reversed, was also established by adjudication; thus reversal by adjudication seems particularly appropriate here. 31 Adjudicatory decisions do not … The 1959 amendment to Section 315 clearly limited to some extent the simple mechanistic application of that section.

Janet L. Bowers v. Railroad Retirement Board

977 F.2d 1485 · Court of Appeals for the D.C. Circuit · Nov 5, 1992

I am unable to find you medically qualified given these restrictions. Id. at 29. On September 12, 1986, Mrs. … Accordingly, Pandil does not clearly establish that the burden should shift where, as here, the medical disqualification was premised on an inability to accommodate the claimant’s particular scheduling needs. III.

George Peter Klissas v. Immigration and Naturalization Service

361 F.2d 529 · Court of Appeals for the D.C. Circuit · Mar 16, 1966

reviewed the memorandum and the opposition thereto and are of the opinion that petitioner’s request that the case be remanded to permit the filing of an application for suspension of deportation should be denied since he clearly … does not qualify under the terms of the statute. 8 U.S.C. § 1254 (a) (1) (2) (1964), as amended, 79 Stat. 918 (1965) (Appendix).

Esso Standard Oil Company v. Sun Oil Company

229 F.2d 37 · Court of Appeals for the D.C. Circuit · Feb 24, 1956

A finding of fact by the District Court, sitting without a jury, may be set aside on appeal only if it is clearly erroneous. Fed.Rules Civ.Proc. Rule 52(a), 28 U.S.C.A. … , a mere preponderance of the evidence is not sufficient with regard to invention; the Patent Office finding must be accepted if it is “consistent with the evidence,” the Patent Office being an expert body pre-eminently qualified

New South Media Corporation v. Federal Communications Commission, National Citizens Committee for Broadcasting, Rko General, Inc., Intervenors. Future Broadcasting, Inc. v. Federal Communications Commission, National Citizens Committee for Broadcasting, Rko General, Inc., Intervenors. Gold Coast Broadcasting, Inc. v. Federal Communications Commission, National Citizens Committee for Broadcasting, Rko General, Inc., Intervenors. New South Media Corporation v. Federal Communications Commission and United States of America, National Citizens Committee for Broadcasting, Intervenors

685 F.2d 708 · Court of Appeals for the D.C. Circuit · Aug 13, 1982

, but not necessarily best qualified, third party. … , Citizens for Media Change 9 In comments to the FCC and again in its briefs on appeal, NCCB proposed that the Commission waive the old cut-off dates for applications competing with the reopened renewal applications and establish

In re Madison Guaranty Savings & Loan

346 F.3d 1111 · Court of Appeals for the D.C. Circuit · Oct 21, 2003

In applying this statute, we have held repeatedly that as “a waiver of sovereign immunity it is to be strictly construed.” In re Nofziger, 925 F.2d 428, 438 (D.C.Cir., Spec.Div., 1991) (per curiam). … We have repeatedly held that the unique reporting requirement of the Act automatically qualifies fees generated by the report for reimbursement. See, e.g., In re Madison Guar.

National Automatic Laundry and Cleaning Council v. George P. Shultz, Secretary, U. S. Department of Labor

443 F.2d 689 · Court of Appeals for the D.C. Circuit · Mar 31, 1971

employees of such establishments.” … There is nothing to show that Congress intended to qualify its broad purpose with a narrow reading of “laundry and dry cleaning establishments” making the broad legislative coverage inapplicable to coin-operated laundries

United States v. Lucas Denney

98 F.4th 327 · Court of Appeals for the D.C. Circuit · Apr 12, 2024

“[W]hether an object qualifies as a dangerous weapon” is “a question of fact,” United States v. Taoufik, 811 F. App’x 835, 840 (4th Cir. 2020), and such a factual finding is “affirmed unless ‘clearly erroneous.’” … His arguments on appeal must be based on the facts established through his plea.”).

International Union of Electrical, Radio and MacHine Workers, Afl-Cio v. National Labor Relations Board, Liberty Coach Company, Inc., Intervenor. Liberty Coach Company, Inc. v. National Labor Relations Board, International Union of Electrical, Radio and MacHine Workers, Afl-Cio, Intervenor

418 F.2d 1191 · Court of Appeals for the D.C. Circuit · Jul 22, 1969

The company did not "clearly demonstrate that factual issues exist which can only be resolved by an evidentiary hearing." … If Timmons' ballot cannot qualify under these standards, the Board must consider whether Kleinknight's torn ballot is valid under the same standards.

National Coalition Against the Misuse of Pesticides v. Lee M. Thomas, Administrator, Environmental Protection Agency, National Coalition Against the Misuse of Pesticides v. Environmental Protection Agency

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.

Friedman v. Schwellenbach

159 F.2d 22 · Court of Appeals for the D.C. Circuit · Dec 16, 1946

. § 632 et seq., issued an executive order, No. 9063, authorizing the Civil Service Commission to adopt such special procedures and regulations as it might deem necessary in order to avoid delay in obtaining qualified persons … Under the long established rule, the District Court was correct in refusing to interfere with the performance, of that duty.

Pennington v. United States Postal Service

627 F.2d 534 · Court of Appeals for the D.C. Circuit · Jun 26, 1980

Furthermore, Pennington clearly qualifies as an “aggrieved party” with standing to appeal. … Forty percent of all second class mailers qualified for red-tag service under the Postal Service regulations. .