Case law

Tenngasco Exchange Corp. v. Federal Energy Regulatory Commission

952 F.2d 535 · Court of Appeals for the D.C. Circuit · Jan 7, 1992

argument, that even with respect to pipeline affiliates, FERC has on some occasions exercised its statutory authority to define certain sales as first sales “in order to prevent circumvention of any maximum lawful price established … Indeed, the Commission stated quite clearly in that order that, for this reason, Tenngasco’s sales of imported gas do not qualify for the “first sale” exemption. Id.

Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639 James F. Woodward v. Michael Dipalermo Maria Triggs, Secretary/treasurer, Yellow Bus Lines

883 F.2d 132 · Court of Appeals for the D.C. Circuit · Oct 17, 1989

Bright, 630 F.2d 804, 830 (5th Cir.1980) (holding that bribing and influencing a sheriff qualified as participation in the affairs of the sheriff's office); United States v. … This clearly serves to fulfill the requirement of participation in the affairs of the company. 48 In Northwestern, the Court reaffirmed its postulate that RICO could not be given a narrow construction in light of the language

Camille Grosdidier v. Broadcasting Board of Governors

709 F.3d 19 · Court of Appeals for the D.C. Circuit · Mar 8, 2013

To prevail on a relative qualifications claim, Grosdidier must show that she is “significantly better qualified for the job than [the applicant] ultimately chosen.” Adeyemi v. … But absent evidence of pretext or discriminatory motive, the court “must respect the employer’s unfettered discretion to choose among qualified applicants.” Id.

Laffey v. Northwest Airlines, Inc.

746 F.2d 4 · Court of Appeals for the D.C. Circuit · Sep 28, 1984

In almost every case, the firms’ established billing rates will provide fair compensation. … Therefore, the district judge has already found that under the controlling law established by Blum plaintiffs’ counsel do not qualify for a “quality” multiplier. .

United We Stand America, Inc. v. Internal Revenue Service

359 F.3d 595 · Court of Appeals for the D.C. Circuit · Mar 5, 2004

Such a result would “exempt from FOIA’s purview a broad array of materials otherwise clearly categorizable as agency records, thereby undermining the spirit of broad disclosure that animates the Act.” … It is that threshold question— whether the IRS response qualifies as an agency record' — -that this case presents.

Ann B. Hopkins v. Price Waterhouse. Ann B. Hopkins v. Price Waterhouse

825 F.2d 458 · Court of Appeals for the D.C. Circuit · Aug 4, 1987

There is no dispute that Hopkins was qualified for partnership consideration. … Characterizing a female candidate as "macho” and "masculine” is certainly one way of qualifying, and thereby diluting, an endorsement.

Director, Office of Workers' Compensation Programs v. Jaffe New York Decorating

25 F.3d 1080 · Court of Appeals for the D.C. Circuit · Jun 10, 1994

In addition to being a finding of fact directly at odds with the ALJ's findings, the Board's assertion that "the record establishes that claimant's lack of motivation is inextricably tied to his pre-existing alcoholism .. … Scher, similarly did not clearly demonstrate that "but for" his alcoholism King could have found a suitable job. Scher testified about numerous available jobs that he believed King could handle.

Hans Oetiker v. Jurid Werke Gmbh. Hans Oetiker v. Jurid Werke Gmbh

671 F.2d 596 · Court of Appeals for the D.C. Circuit · Feb 19, 1982

That finding is not clearly erroneous. The correspondence between Jurid and his German patent attorney, Rau, does not establish that Jurid thought the examiner erred in not relying on the French references. … enforcing it, because Jurid knew when it wrote to VW that the ’811 patent was invalid (Jurid’s applications in Germany and the Netherlands having been rejected and abandoned, respectively) and *601 that the 1957 agreement immunized

Sidney Bishopp v. District of Columbia, a Municipal Corporation

788 F.2d 781 · Court of Appeals for the D.C. Circuit · Apr 18, 1986

Instead, Chief Johnson prepared a list of “best qualified candidates” that included all of the appellants as well as Lewis. … Cir.1983) (affirmative action plan in development stage deemed a factor in establishment of prima facie case).

Edward L. Murnane, Equal Employment Opportunity Commission, (Plaintiff-Intervenor) v. American Airlines, Inc. Edward L. Murnane, Equal Employment Opportunity Commission, (Plaintiff-Intervenor) v. American Airlines, Inc

667 F.2d 98 · Court of Appeals for the D.C. Circuit · Oct 1, 1981

qualified for the position of Flight Officer. … to be a line driver was not clearly erroneous."

Boise Cascade Corporation v. Federal Trade Commission

837 F.2d 1127 · Court of Appeals for the D.C. Circuit · Jan 29, 1988

To establish a prima facie case under section 2(f), the Commission must establish two things: first, that the buyer received a lower price than its competitors, and second, that the price discrimination caused, or reasonably … That view is clearly supported by Falls City, not to mention common sense.

Bhd. of R.R. Signalmen v. Nat'l R.R. Passenger Corp.

310 F. Supp. 3d 131 · Court of Appeals for the D.C. Circuit · May 18, 2018

But the language of the collective bargaining agreement does not clearly mandate that interpretation. 1 Rather, it is plausible that the scope rule guarantees to the Union all existing work at the time of the agreement, but … The Union argues that Appendix B-11 must encompass the REA Building because the Building "was always part of the Washington Terminal" and qualifies under Appendix B-11 as "former Washington Terminal property."

Southeastern Aviation, Inc. v. Civil Aeronautics Board

283 F.2d 189 · Court of Appeals for the D.C. Circuit · Sep 22, 1960

The Board reasoned (1) that public convenience and necessity require the •establishment of federally certificated air service in Tennessee; (2) that Southern was an applicant for the route since it had clearly indicated a … Finally, Southeast’s brief to the Examiner consistently treated Southern as a competitive applicant, pointing out Southeast was better qualified in all aspects of air service.

Sacchetti v. Gallaudet Univ.

344 F. Supp. 3d 233 · Court of Appeals for the D.C. Circuit · Oct 29, 2018

The Court concludes that this evidence is clearly sufficient to establish that a reasonable juror could conclude that Manganelli experienced mental suffering due to the alleged false arrest. … Mem. at 25, does not establish that no accommodations were necessary to satisfy the ADA.

United States v. Adefehinti

510 F.3d 319 · Court of Appeals for the D.C. Circuit · Dec 18, 2007

In this case, where the documents were “made” by the banks in the sense of being acquired, used and filed by them, the “knowledge” requirement is clearly satisfied if, as the certificates indicated, the persons in charge … Adefehinti maintains that the certificates are “solemn declaration[s] or affirmation[s] made for the purpose of establishing or proving some fact” and are “affidavits,” which the Supreme Court classified as belonging to the

Trans-Pacific Freight Conference of Japan/Korea v. Federal Maritime Commission

650 F.2d 1235 · Court of Appeals for the D.C. Circuit · Sep 11, 1980

The rules promulgated by the Commission are intended to establish certain standards by which the Commission hereafter will judge the adequacy of the self-policing systems. … Interested parties clearly were informed of the “subjects and issues involved” and were permitted ample opportunity to comment on those issues.

Laker Airways Limited, a Foreign Corporation v. Sabena, Belgian World Airlines, a Foreign Corporation Klm, Royal Dutch Airlines, a Foreign Corporation, Laker Airways Limited, a Foreign Corporation v. Sabena, Belgian World Airlines, a Foreign Corporation, Klm, Royal Dutch Airlines, a Foreign Corporation

731 F.2d 909 · Court of Appeals for the D.C. Circuit · Mar 6, 1984

This position was qualified by the Court of Appeal. See Court of Appeal Judgment at 583-84, supra note 15 39 See Foreign Sovereign Immunities Act, 28 U.S.C. … Topco Associates, Inc., 405 U.S. 596, 610 , 92 S.Ct. 1126, 1134 , 31 L.Ed.2d 515 (1972) 75 The specific terms of this treaty, upon which British Caledonian and British Airways rely to establish their purported immunity from

Ass'n for Cmty. Affiliated Plans v. U.S. Dep't of Treasury

392 F. Supp. 3d 22 · Court of Appeals for the D.C. Circuit · Jul 19, 2019

That is clearly the case here. The Departments take "too narrow a view of what qualifies as participating in the ... market" at issue in this case. See Mendoza v. Perez, 754 F.3d 1002 , 1013 (D.C. Cir. 2014). … And given that multiple other HIPAA and ACA provisions expressly establish time limitations, 11 the Congresses that enacted those laws clearly "knew how to impose" temporal limits "when [they] chose to do so." Cent.

Natl Lime Assn v. EPA

233 F.3d 625 · Court of Appeals for the D.C. Circuit · Mar 2, 2001

According to EPA, the potential health effects of these pollutants include inflammation of the respira- tory tract, reproductive problems, cancer, nausea, blood disor- ders, and damage to the immune system. … The EPA cites no authority--and we know of none-- suggesting that the position taken by one association affects the right of another to seek judicial review; and although the possibility of an adverse precedent is clearly

State Airlines, Inc. v. Civil Aeronautics Board

174 F.2d 510 · Court of Appeals for the D.C. Circuit · Apr 6, 1949

Linn, 8 the Supreme Court of Alabama said: “Modify ordinarily is not used in a sense of completely setting aside the thing to be modified, but to limit, qualify or moderate.” … The Board impliedly concedes that State had thus not only established the need but proven its fitness to serve those routes and points.