Case law

United States Lines, Inc. v. Federal Maritime Commission and United States of America, Hapag-Lloyd A. G., Intervenors

584 F.2d 519 · Court of Appeals for the D.C. Circuit · Aug 25, 1978

When originally established in 1971 this joint service included two parties, Hapag-Lloyd, Aktiengesellschaft, *524 A.G. (Hapag-Lloyd), and Compagnie Gene-rale Transatlantique (CGT). … Only with approval from the Commission *528 would these anticompetitive agreements receive immunity from the antitrust laws.

Conklin v. Lane

258 F. 522 · Court of Appeals for the D.C. Circuit · May 5, 1919

Miller qualified under section 2306, R. S. (Comp. St. § 4594), to enter 78.60 acres of land as an additional homestead right. … The Secretary now says that the records of the Department, relied upon by appellant, are not sufficient to establish the essential facts.

Stoe v. Sessions

324 F. Supp. 3d 176 · Court of Appeals for the D.C. Circuit · Aug 28, 2018

While Stoe no longer needs to establish a prima facie case to proceed with her suit, the facts underlying that case remain relevant to her discrimination claims. … However, Greene made the certification list of the "best qualified" applicants, Def.'s SMF ¶¶ 35-36; Def.'s Ex. 24 [ECF No. 16-28] at 3, which establishes that he was qualified for the position.

National Confectioners Association v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

569 F.2d 690 · Court of Appeals for the D.C. Circuit · Jan 20, 1978

In our opinion however the coding and record-keeping requirements here at issue clearly do not distend the scope of regulation authorized by the Act. … Therefore we need not determine whether past judicial and administrative interpretations of section 402(a)(4) establish conclusively that its scope is solely “preventive” and not “remedial”.

Brooks v. Laws

208 F.2d 18 · Court of Appeals for the D.C. Circuit · Dec 23, 1953

But it appears that the review which is permitted is in the nature of an administrative appeal, sharply limited in scope, as the eases we have noted and those therein cited clearly show. … It appears clearly again in the following passage: "Thus a court created to admimster the laws of Illinois as it understands them, and charged particularly with the protection of justice in the courts of Illinois through

Mirror Lake Vill. v. Nielson

345 F. Supp. 3d 56 · Court of Appeals for the D.C. Circuit · Dec 14, 2018

Ctr. , 568 U.S. 597 , 613, 133 S.Ct. 1326 , 185 L.Ed.2d 447 (2013) ("It is well established that an agency's interpretation need not be the only possible reading of a regulation-or even the best one-to prevail."). b. … In fact, Matter of Izummi determined that apparently similar factors were not relevant to determining whether an agreement qualifies as a debt arrangement.

Alison Palmer v. George P. Shultz, as Secretary of State. Marguerite Cooper v. George P. Shultz, as Secretary of State

815 F.2d 84 · Court of Appeals for the D.C. Circuit · Mar 24, 1987

All but one are erroneous as a matter of law, and the other is a clearly erroneous finding of • fact. … By stating that appellants had established no basis for comparing actual awards with expected awards, and in believing that appellants assumed all female FSOs equally qualified for the award, the District Court revealed failure

Gardner v. Federal Communications Commission

530 F.2d 1086 · Court of Appeals for the D.C. Circuit · Mar 3, 1976

PETITIONER’S RIGHTS IN LIGHT OF FCC FAILURE TO GIVE NOTICE Although the Commission clearly breached its duty to give notice, there remains two hurdles in Petitioner’s path if he is to establish his right to some judicial … A party denied recognized procedural rights, in an action before the FCC, clearly suffers such a legal wrong. See Overseas Media Corp. v.

David S. Schwartz v. Federal Energy Regulatory Commission

578 F.2d 417 · Court of Appeals for the D.C. Circuit · May 9, 1978

Schwartz formally requested leave, contending that his research project qualified under civil service regulations as the type of case for which approval of extended leave without pay would be proper. 1 Dr. … Agency regulations clearly state that the decision to grant such a leave is a matter *420 for agency discretion. 7 The agency is charged to examine requests for leave “closely to assure that the value to the government and

United States v. Russell Alford

89 F.4th 943 · Court of Appeals for the D.C. Circuit · Jan 5, 2024

First, it is well- established that whether conduct qualifies as disorderly depends on the surrounding circumstances. … To warrant reversal, the district court must clearly overstep its bounds. It did not do so here.

Nat'l Venture Capital Ass'n v. Duke

291 F. Supp. 3d 5 · Court of Appeals for the D.C. Circuit · Dec 1, 2017

Shaughnessy , 342 U.S. 580 , 589-590, 72 S.Ct. 512 , 96 L.Ed. 586 (1952) (noting that foreign policy is "largely immune" from judicial interference, but nonetheless resolving foreign alien's constitutional objections to policy … Circuit has not considered whether a "lost opportunity" qualifies as a cognizable injury in the immigration context, other courts of appeals have unanimously concluded that it does.

Alfred U. McKenzie v. Ralph Kennickell, Jr., Public Printer

875 F.2d 330 · Court of Appeals for the D.C. Circuit · May 23, 1989

Delaware Valley I established that enhancements for quality of representation should be granted only in “rare” and “exceptional” cases. See id. … Because the record establishes that McKenzie and his fellow plaintiffs had in fact located qualified lawyers willing to represent them in Washington, D.C. in the early 1970’s, I conclude that under Delaware Valley II these

Robert M.T. Wilson v. Thomas Turnage, Acting Director, Selective Service System

750 F.2d 1086 · Court of Appeals for the D.C. Circuit · Dec 28, 1984

. § 5596 , is a waiver of the government’s sovereign immunity for relief in cases of improper personnel actions taken against federal employees. 4 In 1978, as part of the Civil Service Reform Act, Congress amended the Back … Thus, ‘[ajbsent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.’ ” American Tobacco Co. v.

American Postal Workers Union v. United States Postal Service

830 F.2d 294 · Court of Appeals for the D.C. Circuit · Oct 2, 1987

In that context it qualified as speech on a matter of public concern. … Pickering demonstrates that even false statements of fact can qualify as speech on a matter of public concern.

Teresa Ambrosini v. Jorge Labarraque and the Upjohn Company

101 F.3d 129 · Court of Appeals for the D.C. Circuit · Dec 6, 1996

In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability. Id. … The court explained that “á cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his [or her] opinion, such a relationship exists.”

Washington Railway & Electric Co. v. Clark

46 App. D.C. 88 · Court of Appeals for the D.C. Circuit · Feb 5, 1917

Counsel for plaintiff, apparently appreciating the extremely doubtful sufficiency of this evidence to establish the relation of passeng-er and carrier, made no effort to bring that question into the case. … It is urged that .it does not sufficiently appear that this witness was qualified to testify as an expert.

Community Nutrition Institute v. Frank Young, Commissioner, Food and Drug Administration

757 F.2d 354 · Court of Appeals for the D.C. Circuit · Mar 26, 1985

Rather, the qualifying phrase serves an entirely different office; it explains the standard that the Secretary is to employ in setting the tolerance. … B The language of the statute clearly requires the issuance of formal regulations or tolerances. 5 While, as both parties in *359 vite us to do, we will consider the legislative history, “[a]bsent a clearly expressed legislative

Stephen Pete on Behalf of Himself and All Others Similarly Situated, Louis Belton, Plaintiff-Intervenor-Appellees v. United Mine Workers of America Welfare and Retirement Fund of 1950, Slimp Kiser, on Behalf of Himself and All Others Similarly Situated v. Harry Huge, and United Mine Workers of America Welfare and Retirementfund of 1950, Slimp Kiser, on Behalf of Himself and All Other Persons Who Have Been Deniedpension Payments From the United Mine Workers of America Welfare and Retirementfund v. W. A. Boyle

517 F.2d 1275 · Court of Appeals for the D.C. Circuit · Feb 12, 1975

for a pension and the extent of and the inclusion of interest in the retroactive payments owed qualifying miners. … Finally, there clearly is no statutory authority for the proposition that when the Trustees establish the contributory employment standard below the level where some members of this court might set it, this court can impose

Reynolds v. Lovett, Secretary of National Defense

201 F.2d 181 · Court of Appeals for the D.C. Circuit · Apr 6, 1953

They say that the non-veterans were deemed by them better qualified for supervisory positions than were the appellants. … Only one question is presented in this appeal — Can the Secretary of the Navy, or any other administrative official, deliberately flout the will of Congress clearly and without ambiguity expressed in the law of the land?

William J. Emmett, Administrator of the Estate of Joseph N. Emmett v. Eastern Dispensary and Casualty Hospital

396 F.2d 931 · Court of Appeals for the D.C. Circuit · Sep 29, 1967

fiducial qualities of that relationship the physician’s duty to reveal to the patient that which in his best interests it is important that he should know. 17 And we would consider anomalous in this age any rule that would immunize … Any showing that might entitle appellant to prevail must necessarily establish a violation of an obligation appellees owed appellant to place the decedent’s medical records at his disposal.