Case law

In Re Janet G. Mullins (Tamposi Fee Application)

84 F.3d 1439 · Court of Appeals for the D.C. Circuit · May 31, 1996

- qualifies as a subject under the Act. … As we have often observed, the fee petitioner bears the burden of establishing all elements of her entitlement. See, e.g., Shultz, 8 F.3d at 850 .

O'BRIEN v. United States

99 F.2d 368 · Court of Appeals for the D.C. Circuit · Jul 11, 1938

Wc have said in a number of cases that distinct and different crimes independent of that charged may not be used to establish guilt. Borum v. United States, 61 App.D.C. 4, 6 , 56 F.2d 301 . … Likewise in the Johnson Case, 38 App.D.C. 347 , we held .the provisions of the federal code giving the jury the right to qualify its verdict by the addition of the words “without capital punishment”, did not apply in the

Fraternal Order of Police v. United States

173 F.3d 898 · Court of Appeals for the D.C. Circuit · Apr 16, 1999

But here Congress has incorporated a set of classifications made by state legislators who clearly regarded the felons' conduct as calling for greater severity than the misdemeanants'--whether because of moral oppro- brium … The second interest has clearly not attained the status of a fundamental right.

Flatow, Stephen M. v. Islam Repub Iran

305 F.3d 1249 · Court of Appeals for the D.C. Circuit · Oct 8, 2002

and alternatively, that the United States had not waived its sovereign immunity to suits of this sort in the district court. … s 517,5 it clearly was a limited appearance, focusing on the attachments and not the merits of the underlying tort action.

United States ex rel. Hutchins v. Dyncorp Int'l, Inc.

342 F. Supp. 3d 32 · Court of Appeals for the D.C. Circuit · Sep 28, 2018

Plaintiff-Relators' allegations regarding the immunization program fail for similar reasons. … While DynCorp is not inaccurate, the False Claims Act clearly permits a relator to proceed even if the United States declines to participate.

Pennington v. United States Postal Service

627 F.2d 534 · Court of Appeals for the D.C. Circuit · Jul 24, 1980

Given Pennington's intervention and subsequent participation in docket MC76-2, we conclude that Pennington did "appear in the proceedings under section 3624(a)" and thus has standing. 23 Furthermore, Pennington clearly qualifies … The Rate Commission originally established Docket MC73-1 to consider a wide range of postal classification questions.

National Treasury Employees Union v. Federal Labor Relations Authority

404 F.3d 454 · Court of Appeals for the D.C. Circuit · Apr 15, 2005

With respect to Sections 7106(a)(1) and 7106(b)(2), the Authority’s decision quite clearly was not arbitrary or capricious. … The Authority’s path to error was set when it erroneously found that “the agency has exercised its right to determine its internal security by having employees who are trained and qualified to carry firearms maintain possession

Texas Oil and Gas Corporation v. James G. Watt, Secretary of the United States Department of the Interior. (Twocases)

683 F.2d 427 · Court of Appeals for the D.C. Circuit · Jun 11, 1982

Because the company was the first qualified applicant on the other 20 lease applications and the lands were not qualified as a KGS, leases were issued by the Bureau of Land Management on these tracts according to routine … Clearly the 1976 Amendments that removed the military base exclusion “restored” or made these lands “subject” to leasing. They clearly were put outside the regulatory prohibition by the operation of law.

Davis v. District of Columbia

158 F.3d 1342 · Court of Appeals for the D.C. Circuit · Oct 27, 1998

That prison inmates have a constitutional right of access to courts is well- established. Lewis v. Casey, 518 U.S. 343, 350-51 (1996); Bounds v. Smith, 430 U.S. 817, 828 (1977); Tucker v. … The interpretive issue posed by s 1997e(e) is clearly harder here than for punitive damages.

Jane Doe, a Minor Child, by Next Friend, Leslie G. Fein v. District of Columbia

93 F.3d 861 · Court of Appeals for the D.C. Circuit · Aug 27, 1996

. *877 In 1988 Congress amended the Child Abuse Prevention and Treatment Act to establish a grant program to help to fund state child-abuse programs. … In addition to the language of § 5106a(b)(2), the regulations accompanying the statute also clearly notify the states of their obligations if they accept the federal funds. 45 C.F.R. §§ 1340.10 -.15 (1995).

Coalition for the Environment, St. Louis Region, Missourians for Safe Energy, and Crawdad Alliance v. Nuclear Regulatory Commission and United States of America, Union Electric Company, Intervenor. New England Coalition on Nuclear Pollution v. Nuclear Regulatory Commission and United States of America, Carolina Power & Light Company, Commonwealth Edison Company, Intervenors

795 F.2d 168 · Court of Appeals for the D.C. Circuit · Jul 11, 1986

The short and sufficient answer is that those regulations were not a construction of the statute, but an exercise of discretionary authority under the statute, and they were not immune from later revision. 24 We therefore … Sec. 2133 (b) (1982), which provides that the Commission shall issue licenses to applicants "who are equipped to observe ... such safety standards ... as the Commission may by rule establish."

In Re Samuel R. PIERCE, Jr. (Broussard Fee Application)

204 F.3d 1174 · Court of Appeals for the D.C. Circuit · Mar 14, 2000

Because the Act “constitutes 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). … Nonetheless, we have found that petitioners qualify for an award of fees in the face of the “but for” test in at least four (4) circumstances: 1.

Jonathan Woodner Co. v. Mather

210 F.2d 868 · Court of Appeals for the D.C. Circuit · Mar 19, 1954

It is immemorially established that where suit is brought for an act alleged to be a tort, the law of the place where that act occurred must govern its character. … The employer has gained an immunity from common law suit. The employee has gained a right to relief even where his injury did not arise through the fault of his employer.

Kennedy for President Committee v. Federal Communications Commission

636 F.2d 417 · Court of Appeals for the D.C. Circuit · May 31, 1980

the Commission has given it rather full sway. 30 Four types of programming, however, are statutorily deemed nonuses of a broadcasting station, and thus are exempted from this requirement. 31 One-embraced by Exemption 4-immunizes … The Burden of Establishing a.

Association of American Physicians & Surgeons, Inc. v. Clinton

997 F.2d 898 · Court of Appeals for the D.C. Circuit · Jun 22, 1993

Administrator of General Services, 433 U.S. 425, 443 , 97 S.Ct. 2777, 2790 , 53 L.Ed.2d 867 (1977)), even though the counsel was largely immune from the executive branch’s operational control (she was appointed by a panel … The government argues that section 202 clearly implies that a temporary employee can be “full-time.”

Pete ex rel. Belton v. United Mine Workers of America Welfare & Retirement Fund of 1950

517 F.2d 1267 · Court of Appeals for the D.C. Circuit · Aug 5, 1974

alleged members of plaintiffs’ class whose addresses are known and by publishing twice a week for two successive weeks in the Pittsburgh Post-Gazette and in the Washington Post *439 . . . . ” These provisions for notice clearly … The inequity that a five-year signatory service requirement would create in the context of this case is even greater than in Kiser , since in order to qualify for a pension under Resolution No. 56, a miner needed to establish

No. 91-3313

24 F.3d 257 · Court of Appeals for the D.C. Circuit · May 20, 1994

He explained to the court that, even though the prosecutor's question had related to the non-immunized post-arrest statement, Nealis's answer related to the immunized sessions, as the information about Stewart had not been … offered in Barden's statement on December 17 but in an immunized session at a later time.

E.I. Du Pont De Nemours & Co. v. National Labor Relations Board

682 F.3d 65 · Court of Appeals for the D.C. Circuit · Jun 8, 2012

Under the Board’s precedent, therefore, even making broad changes to a benefits package can qualify as “a well-established past practice” that an employer may lawfully continue during a hiatus period. Id. at 1094. … Servs., 335 N.L.R.B. 635 , 636-37 (2001); Guard Publ’g Co., 339 N.L.R.B. 353 , 355-56 (2003), the Board clearly took a different position in its more recent decisions.

Public Service Company of Colorado v. Federal Energy Regulatory Commission, Oxy USA Inc., Intervenors

91 F.3d 1478 · Court of Appeals for the D.C. Circuit · Aug 2, 1996

By that standard, an ordinary property tax would qualify as a tax on production; the value of any asset is, after all, the present worth of the benefits that the asset is expected to produce— whether impounded in an established … An agency adjudication should be applied retroactively unless new law is replacing clearly defined old law and reasonable reliance interests must therefore be protected.

New Orleans Channel 20, Inc. v. Federal Communications Commission

830 F.2d 361 · Court of Appeals for the D.C. Circuit · Oct 6, 1987

In such a situation, it is preferable to cancel the authorization, thereby opening the door for other qualified applicants. Id. … This analysis puts LeSea to a double burden, but one that is well established in circuit precedent. See, e.g., WAIT Radio v.