Case law

Harris v. Federal Aviation Administration

353 F.3d 1006 · Court of Appeals for the D.C. Circuit · Jan 13, 2004

Regional FAA offices also published their own recruitment notices, which established their own particular salary ranges. … We have previously declared that section 2401(a), ‘‘[u]n- like an ordinary statute of limitations, TTT is a jurisdictional condi- tion attached to the government’s waiver of sovereign immunity,’’ Spannaus v.

Alberty v. Federal Trade Commission

182 F.2d 36 · Court of Appeals for the D.C. Circuit · Mar 20, 1950

This was tacit recognition that no court could match the skill, time and selectivity which are brought to bear upon any given problem by an 'agency especially established and equipped for that purpose. … , especially if no property in a trade name were involved, the Court would not interfere with the Commission’s expert judgment, unless there was a clearly demonstrable abuse of discretion.

Ariana Klay v. Leon Panetta

758 F.3d 369 · Court of Appeals for the D.C. Circuit · Jul 18, 2014

United States, 340 U.S. 135, 146 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) (establishing the military exception to the FTCA). … For the same reason, we need not address whether the defendants are protected by qualified immunity. . The Supreme Court did not itself apply this test to the facts of Stanley’s suit.

Hamilton v. United States

26 App. D.C. 382 · Court of Appeals for the D.C. Circuit · Dec 12, 1905

Whether a witness is shown to be qualified to testify to any matter of opinion is always a preliminary question for the *392 judge presiding at the trial, and his decision thereon is conclusive, unless clearly erroneous as … Shute was clearly competent to testify as an expert in this instance.

International Brotherhood of Teamsters v. Peña

17 F.3d 1478 · Court of Appeals for the D.C. Circuit · Mar 15, 1994

The first seems clearly ruled out by common sense and the presumption in favor of reviewability. See Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 410 , 91 S.Ct. 814, 820 , 28 L.Ed.2d 136 (1971). … But beyond this, the petitioner offers no argument at all as to why the CDL accord qualifies as a “trade agreement”.

Hobson ex rel. Hobson v. Hansen

320 F. Supp. 409 · Court of Appeals for the D.C. Circuit · Dec 14, 1970

Defendants do not deny that an argument based on the difficulties involved in switching from the already established boundary plan to the pairing plan must yield to a showing that such a plan was established in violation … established by the United States Department of Agriculture.

Bradley v. Davidson

47 App. D.C. 266 · Court of Appeals for the D.C. Circuit · Feb 4, 1918

That the Davidsons occupied a confidential relationship towards their uncle clearly appears. … E. 907 , it was ruled tlint, a witness qualified as an expert as to a certain subject may be required to express an opinion regarding that, subject, if he has one, but cannot be required to perform labor in order to qualify

General Carbon Co. v. Occupational Safety & Health Review Commission

860 F.2d 479 · Court of Appeals for the D.C. Circuit · Nov 8, 1988

The Secretary has indicated that a product may qualify for the articles exemption if it releases only “a few molecules or a trace amount” of a hazardous chemical. See 52 Fed.Reg. 31,-865 (1987). B. … Recently, when the Hazard Communication Standards were made applicable to nonmanufacturing companies, the agency indicated that manufactured items might qualify as articles if they release only “a few molecules or a trace

United States v. Marc Accardi

669 F.3d 340 · Court of Appeals for the D.C. Circuit · Feb 28, 2012

By “beg[ging] for leniency and [asking the judge] to send [him] home to [his] family”, id., Accardi clearly offered to accept lifetime supervised release as an alternative to jail time. … is available, adult bookstores, peep shows, or adult entertainment establishments.”

Automotive Parts & Accessories Association, Inc. v. Alan S. Boyd, Secretary of the Department of Transportation, Automotive Service Industry Association, Intervenor. Sterling Products Company, Inc. v. Alan S. Boyd, Secretary of the Department of Transportation

407 F.2d 330 · Court of Appeals for the D.C. Circuit · Dec 27, 1968

Second, the record before us clearly shows that, under the administrative scheme thus established, Dr. … The record clearly indicates, however, that both the Council and commission were consulted before the issuance of the Standard.

James P. McKelvey v. Thomas K. Turnage, Administrator of Veterans' Affairs, and Veterans' Administration

792 F.2d 194 · Court of Appeals for the D.C. Circuit · May 30, 1986

To establish discrimination under this *204 provision, a plaintiff must demonstrate four elements: (1) he is a “handicapped individual” under the Act; (2) he is “otherwise qualified” for the program of benefits from which … McKelvey has unproblematically established the elements designated (1) and (4) in the above enumeration.

Local No. 742, United Brotherhood of Carpenters & Joiners of America v. National Labor Relations Board

444 F.2d 895 · Court of Appeals for the D.C. Circuit · Apr 6, 1971

But it is an established and fundamental principle of labor law that labor-management contracts are not to be read with narrow precision. … It may be, for example, that when the union acts to enforce a specific clause, its objective more clearly relates to its labor relations with the primary employer.

In Re: Abd Al-Rahim Hussein Al-Nashir

835 F.3d 110 · Court of Appeals for the D.C. Circuit · Aug 30, 2016

Va. 2015) (addressing whether a defendant was entitled to combatant immunity under the laws of war); United States v. Lindh, 212 F.Supp.2d 541, 552-53 (E.D. … If they do not qualify as such, it would .be hard to imagine any that would. The court dismisses these circumstances as insufficient.

U.S. Department of Justice v. Federal Labor Relations Authority

266 F.3d 1228 · Court of Appeals for the D.C. Circuit · Oct 9, 2001

The only difference appears to be that in administrative investigations, the investigators usually grant criminal immunity to the employee, see Kalkines, 473 F.2d at 1393 n. 4, so that they may threaten the employee with … Thus the later reference to “law enforcement officials” clearly means “FBI officials” or the like, not an agency’s OIG officials pursuing a criminal investigation on their own.

Lester K. Born v. George v. Allen, Director, United States Information Agency

291 F.2d 345 · Court of Appeals for the D.C. Circuit · Dec 22, 1960

But he contends that persons hired under the Foreign Service Act are immune from the Veterans’ Preference Act. … Born’s appointment is clearly not that.

Victor Hugo Brown v. Immigration and Naturalization Service

775 F.2d 383 · Court of Appeals for the D.C. Circuit · Oct 25, 1985

To qualify for relief under this more exacting provision, an otherwise deportable alien must establish (1) continuous physical presence in the United States for ten years following the illegal act that made him or her deportable … Brown had established a prima facie case of continuous presence.

Starr International Company v. United States

910 F.3d 527 · Court of Appeals for the D.C. Circuit · Dec 7, 2018

Because Starr did not automatically qualify for treaty benefits, it relied on Article 22(6) of the Treaty, a provision that allows for discretionary tax relief. … issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly

Sage IT, Inc. v. Cissna

314 F. Supp. 3d 203 · Court of Appeals for the D.C. Circuit · Jun 22, 2018

H-1B visas permit qualified workers in specialty occupations to work in the United States. See 8 U.S.C. § 1101 (a)(15)(H)(i)(B). … Both of those contexts-sovereign immunity and the Armed Forces-are vastly different than the one presented here.

Berkowitz v. Republic of Costa Rica

288 F. Supp. 3d 166 · Court of Appeals for the D.C. Circuit · Jan 20, 2018

This decree essentially established a marine park that extended 125 meters inland from the high tide mark. Id. at ¶ 33 . … Thus, service on Sidley and the Costa Rican Embassy pursuant to the FAA did not qualify as effective service for the purposes *173 of calculating the 60-day limitations period.

District of Columbia v. General Motors Corporation

336 F.2d 885 · Court of Appeals for the D.C. Circuit · Oct 26, 1964

Once the dealer was established in facilities and at a location mutually satisfactory to himself and the division, he agreed not to move to or establish a new or different location, branch sales office, branch service station … Read as we read it, the statute clearly permits, although it does not require, the single-factor sales formula adopted by the Commissioners.