Case law

Joseph P. Kauffman v. Secretary of the Air Force

415 F.2d 991 · Court of Appeals for the D.C. Circuit · Jun 26, 1969

We think the scope of review of military judgments should be the same as that in ha-beas corpus review of state or federal convictions, and constitutional requirements should be qualified by the special conditions of the … A further requirement that the prosecution be based on fully independent information might result in de facto immunity. See Mar-chetti v. United States, supra at 58-59, 88 S.Ct. 697 .

Karl Parker, Jr. v. The Baltimore and Ohio Railroad Company T/a the Chessie System the B & O Railroad

652 F.2d 1012 · Court of Appeals for the D.C. Circuit · Apr 16, 1981

The Court held that for a black job applicant to establish a prima facie case without direct evidence of discriminatory motive, it is enough to show (i) that he belongs to a racial minority; (ii) that he applied and was qualified … Weber, 443 U.S. 193 , 99 S.Ct. 2721 , 61 L.Ed.2d 480 (1979), clearly did not remove from the reach of Title VII all hiring done under the color of “affirmative action.”

Center for Auto Safety v. National Highway Traffic Safety Administration

244 F.3d 144 · Court of Appeals for the D.C. Circuit · Mar 30, 2001

The language of the Information Request clearly communicates to the recipient that submission of material was mandatory. … We agree with the Center that the information at issue does not qualify as trade secrets, but also agree with NHTSA that the information may nonetheless qualify for protection under Critical Mass.

Environmental Defense Fund v. U.S. Environmental Protection Agency

852 F.2d 1309 · Court of Appeals for the D.C. Circuit · Jul 29, 1988

RCRA: Subtitles C and D Congress enacted RCRA in 1976 to establish a comprehensive federal program to regulate the handling of solid wastes. … . § 6903 (27), that do not qualify for regulation as “hazardous wastes” under Subtitle C.

Desmond v. Mukasey

530 F.3d 944 · Court of Appeals for the D.C. Circuit · Jul 1, 2008

Although researchers continue to uncover its benefits, sleep is believed to play a role in brain development, memory reinforcement, and immune function. See Wynne Chen & Clete A. … Molecular and behavioral conservation indicate that sleep likely conferred a selective advantage in ancestral mammals, and sleep deprivation experiments in animals have clearly shown

United States v. Nynex Corporation

8 F.3d 52 · Court of Appeals for the D.C. Circuit · Nov 12, 1993

The Government continually argued that while the MCI service bureau involved a computer, which alone might qualify as CPE, the “package of services” NYNEX provided qualified as an information system. … As noted above, the Government was required to produce evidence sufficient to establish guilt beyond a reasonable doubt.

Miller v. Holzmann

575 F. Supp. 2d 2 · Court of Appeals for the D.C. Circuit · Aug 12, 2008

As explained above, the qualifier “prevailing” appears in numerous other federal fee-shifting provisions, and its meaning is well-established. See, e.g., Farrar, 506 U.S. at 109-11 , 113 S.Ct. 566 . … Established vs.

Paul Kurtz, Dr. v. James A. Baker, Secretary of the Treasury

829 F.2d 1133 · Court of Appeals for the D.C. Circuit · Sep 18, 1987

The first allegation, stated another way, is that the chaplains’ assent would have given a class of individuals, of which Kurtz is a member, the opportunity to qualify to address the House or the Senate, and the opportunity … After finding that the congressional defendants were immune from suit under the Speech or Debate Clause, U.S. Const, art.

79 Fair empl.prac.cas. (Bna) 1018, 335 u.s.app.d.c. 179 Jessie Berger, Appellees/cross-Appellants v. Iron Workers Reinforced Rodmen, Local 201, Appellees/cross-Appellants. International Association of Bridge, Structural and Ornamental Iron Workers, Appellant/cross-Appellee

170 F.3d 1111 · Court of Appeals for the D.C. Circuit · Mar 30, 1999

"In our view, the Open Period establishes that experience can qualify one to be a journeyman rodman, and, not incidentally, that the Union is capable of devising an exam that screens out insufficiently competent applicants … J.A. 339. 6 III. 129 The burden is on the appellants to establish that the decision below was clearly erroneous. See Bellevue Gardens, Inc. v. Hill, 297 F.2d 185, 187 (D.C.Cir.1961); 9A CHARLES A. WRIGHT & ARTHUR R.

United States v. John T. Robinson

698 F.2d 448 · Court of Appeals for the D.C. Circuit · Jan 4, 1983

Robinson’s statement is clearly voluntary under this test. Looking at the factors established by this circuit in Petty-john v. … Finally, the appraisal itself does clearly establish that the jewelry found at the Royal Carpet alone was worth over $6,000. See United States v.

Common Cause v. Federal Election Commission

108 F.3d 413 · Court of Appeals for the D.C. Circuit · Jun 11, 1997

Over the years, a set of principles often called “justiciability doctrines” have been developed by the courts to more clearly define the scope of the Article III judicial power. … An organizational plaintiff, however, may have standing to sue on its own behalf “to vindicate whatever rights and immunities the association itself may enjoy” or, under proper conditions, to sue on behalf of its members

Ball v. United States Express Co.

32 App. D.C. 177 · Court of Appeals for the D.C. Circuit · Nov 16, 1908

Boesch, you were qualified yesterday. Have you heard the testimony this morning? A. Not all of it; I came in late. Q. … to establish proper action.

McAllister v. District of Columbia

794 F.3d 15 · Court of Appeals for the D.C. Circuit · Jul 14, 2015

. § 1400(d)(1)(B), IDEA requires that, in exchange for federal funding, states and the District of Columbia “establish policies and procedures to ensure . . . that free appropriate public education, or FAPE, is available … Instead, plaintiffs contend, Millis’s work is compensable under Jenkins because her “professional role . . . perfectly meets the ABA definition of a paralegal/legal assistant” as “a person, qualified by education, training

CSX Trans, Inc. v. Williams, Anthony A.

406 F.3d 667 · Court of Appeals for the D.C. Circuit · May 3, 2005

We review the district court’s weighing of the four factors under the abuse of discretion standard and its findings of fact under the clearly erroneous standard. Serono, 158 F.3d at 1318 . … CSXT claims it could not recover its costs from the District because the District enjoys eleventh amendment immunity from money damages liability. See Emerg. Mot. at 17.

John J.M. Obremski v. Office of Personnel Management and Merit Systems Protection Board

699 F.2d 1263 · Court of Appeals for the D.C. Circuit · Feb 11, 1983

V 1981), and therefore does not qualify for special retirement benefits provided by 5 U.S.C. § 8336 (c)(1) (Supp. V 1981). … Proceedings Before the MSPB Petitioner appealed to the MSPB, asking the Board to determine that he qualifies as a “law enforcement officer” under 5 U.S.C. § 8336 (c)(1).

Baltimore & Potomac Railroad v. Webster

6 App. D.C. 182 · Court of Appeals for the D.C. Circuit · May 6, 1895

As matter of defence, it was incumbent upon the defendant to establish such contributory negligence, unless shown in the proof produced by the plaintiff The plaintiff, at the time of the injuiy received, being a boy under … The sixth and ninth prayers of the defendant were *201 properly rejected, if for no other reason, because they wholly ignored the fact of the qualified degree of care and diligence required of the plaintiff by reason of his

Julius Ingram v. United States

353 F.2d 872 · Court of Appeals for the D.C. Circuit · Nov 4, 1965

United States, 352 U.S. 322, 327 , 77 S.Ct. 403 , 1 L.Ed.2d 370 (1957), or only to establish a different degree or type of offense. In Blockburger v. … upon to decide whether consecutive sentences under the Federal Bank Robbery Act, 18 U.S.C. § 2113 , could be had for robbery and entry to commit a felony arising out of the same transaction the Court held they could not, qualifying

Radio Communications Corporation v. FCC

141 F.4th 243 · Court of Appeals for the D.C. Circuit · Jun 27, 2025

In rejecting RCC’s argument that using Nielsen’s data unduly restricted the number of LPTV stations that would qualify for Class A licenses, the FCC stated in the Order that “Congress clearly intended that eligibility under … Moreover, by setting out specific eligibility criteria, Congress clearly did not intend for any and all LPTV stations to benefit from the statute – only those that meet the statutory requirements.

Davis v. United States Department of Justice

610 F.3d 750 · Court of Appeals for the D.C. Circuit · Jul 6, 2010

Construing two statutes allowing courts to award attorneys’ fees to the “prevailing party,” the Court held that a plaintiff whose lawsuit prompts the defendant to voluntarily change its conduct does not qualify for a fee … ‘corrective’ amendment must clearly appear.”

District of Columbia Hospital Ass'n v. District of Columbia

224 F.3d 776 · Court of Appeals for the D.C. Circuit · Jul 21, 2000

To qualify for federal funding, a State must have its own Medicaid plan approved by the Health Care Financing Administration (“HCFA”) of the United States Department of Health and Human Services. … Although payments from MCOs to hospitals for the care of Medicaid patients are not made directly by the District, they are clearly made pursuant to, and under the authority of, the District’s Medicaid plan.