Case law

United States v. Ammidown

341 F. Supp. 1355 · Court of Appeals for the D.C. Circuit · Apr 5, 1972

Ammidown was violative of the Fourth Amendment protections against unreasonable search and seizure, this Court concludes that defendant Ammidown does not qualify as an aggrieved person. … The search and subsequent seizure was clearly directed at an unidentified caller who was calling a key government witness to a rape-slaying. Mr. Ammidown, at that point in time, was still considered an innocent party.

Kennecott Corp. v. Environmental Protection Agency

684 F.2d 1007 · Court of Appeals for the D.C. Circuit · Jul 30, 1982

Because the reasonableness and accuracy of the forecast data is critical to whether a smelter can qualify for an NSO, Asarco and Magma’s objections to' that data, if well-founded, would clearly have been “of central relevance … Establishing a single set of criteria is consistent with that mandate.

National Trust for Historic Preservation in the United States v. NPS

Court of Appeals for the D.C. Circuit · Apr 11, 2026

To obtain a preliminary injunction, the Trust must submit evidence of specific facts that clearly show it is likely to establish associational standing. See Elec. Priv. Info. Ctr. v. … The project therefore qualifies as an improvement permitted under section 105(d)(1).

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.

United States v. Oruche, Sorenson

484 F.3d 590 · Court of Appeals for the D.C. Circuit · May 4, 2007

United States, 406 U.S. 441, 460 (1972) (government has burden of proving its evidence is not derived from testimony as to which the defendant had received Fifth Amendment immunity). … To the left of the word “Tungy”—in the margin and not clearly associated with the word “Tungy”—is the word “Heroin.”

Diamond Walnut Growers, Inc. v. National Labor Relations Board

80 F.3d 485 · Court of Appeals for the D.C. Circuit · Mar 29, 1996

NLRB, 968 F.2d 1327 , 1331 (D.C.Cir.1992), we identified, but left for another day, the question of when an employee’s ties to a union establish such a risk of disloyalty as to justify the (nonunion) employer’s rejection … And “unless the NLRB has clearly ... misperceived the facts, we will not second-guess its judgment.” Randall v. NLRB, 687 F.2d 1240, 1245 (8th Cir.1982). 3.

United States v. Stanley Harley, United States of America v. Stanley Harley

682 F.2d 1018 · Court of Appeals for the D.C. Circuit · Jul 16, 1982

Green, 670 F.2d 1148 (D.C.Cir.1981), this court, relying upon an analogy to the well-established informer’s privilege, adopted a qualified surveillance location privilege. … The degree of the handicap he establishes must then be weighed by the trial judge against the policies underlying the privilege.

WI Proj Nuc Arms v. COMM

317 F.3d 275 · Court of Appeals for the D.C. Circuit · Jan 31, 2003

Exemption 3 takes literally the requirement that disclosure prevail absent "clearly delineated statutory language," Rose, 425 U.S. at 361. … Finally, because IEEPA qualifies as an Exemption 3 stat- ute, there can be no retroactivity problem.

Brian Karem v. Donald Trump

960 F.3d 656 · Court of Appeals for the D.C. Circuit · Jun 5, 2020

But given that “the White House has voluntarily decided to establish press facilities for correspondents who need to report therefrom” and given that “[t]hese press facilities are perceived as being open to all bona fide … With that established, we found the denial of Sherrill’s application suspect for several reasons.

Fogo De Chao (Holdings) Inc. v. United States Department of Homeland Security

769 F.3d 1127 · Court of Appeals for the D.C. Circuit · Oct 21, 2014

We further agree that the Appeals Office’s conclusion that Fogo de Chao had failed to establish that Gasparetto completed the company’s training program is unsupported by substantial evidence. … Where the agency has not afforded individual weight to the alternative grounds, however, the court may uphold the decision only “as long as one [ground] is valid and the agency would clearly have acted on that ground even

Dougherty v. Barry

869 F.2d 605 · Court of Appeals for the D.C. Circuit · Mar 7, 1989

However, Rogers was held answerable individually, along with the District of Columbia; the district court rejected Rogers’ plea of qualified immunity because his behavior was “patently unreasonable.” Id. at 1288-89 . … Furthermore, although cases establishing this allocation of burdens generally involve Title VII, we see no reason — and neither party offers any — to treat section 1981 differently in this regard.

Markwest Michigan Pipeline Co. v. Federal Energy Regulatory Commission

646 F.3d 30 · Court of Appeals for the D.C. Circuit · Jul 1, 2011

The settlement agreement does not clearly adopt this  11 approach, but neither does it rule out this possibility. … But neither does the settlement agreement clearly qualify as a § 342.3(a) rate reduction.

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

American Telephone And Telegraph Company v. Federal Communications Commission

539 F.2d 767 · Court of Appeals for the D.C. Circuit · Jul 6, 1976

carriers so long as the particular applicant is qualified and the proposed service is technically and economically sound. … carriers" (emphasis in original)) 32 See 513 F.2d at 1155 ("(t)he proposed service consists of communication of all types of signals, including data and other non-voice traffic"); id. at 1157 ("the Commission clearly rejected

Bazarian Int'l Fin. Assocs., LLC v. Desarrollos Aerohotelco, C.A.

315 F. Supp. 3d 101 · Court of Appeals for the D.C. Circuit · Apr 25, 2018

The contract at issue is the product of negotiation between the parties and clearly provides that the debt fee is to "be based on a flat two-percent (2%) of the gross amount of the debt financing to the Project." … Stipa," thus "clearly indicat[ing] to Desarrollos Hotelco that AIB Bank was a lender interested in financing the project." Id. Second, Clover opines, the plaintiff "made AIB Bank and Mr.

Trans Union Corporation v. Federal Trade Commission

81 F.3d 228 · Court of Appeals for the D.C. Circuit · Apr 19, 1996

This core business is clearly subject to the Act because the data sold meet the Act’s definition of “consumer reports.” 15 U.S.C. § 1681a(d) (1994). … After all, it bears at least on his mode of living, in telling us that he has bothered to establish two credit accounts.

Donald Raynor, Sr. v. Merrell Pharmaceuticals Inc.

104 F.3d 1371 · Court of Appeals for the D.C. Circuit · Jan 21, 1997

That first step, establishing a link between Bendeetin and human birth defects (general causation), is missing here. … We note that in order for a decision to qualify as supervening it must be decided after plaintiff's chance to raise the issue in the district court.

The Washington Post Company v. United States Department of Health and Human Services

690 F.2d 252 · Court of Appeals for the D.C. Circuit · Sep 24, 1982

Background The National Cancer Institute, a division of the National Institutes of Health, was established by the Congress to facilitate the Nation’s struggle with cancer. 1 With a budget of nearly one billion dollars, the … that might result in the disclosure of even indisputably personal information where a particular government party is unable to fit its round pegs into the square holes established by this court.

Formaldehyde Institute v. Department of Health and Human Services

889 F.2d 1118 · Court of Appeals for the D.C. Circuit · Nov 17, 1989

In order to qualify for Exemption 5 protection, an agency’s materials must be both “predecisional” and a part of the “deliberative process.” … Thus, the undisputed factual record clearly establishes that HHS personnel acting in light of the agency’s Congressional mandate must regularly rely on the comments of expert scientists to help them evaluate the readiness