Case law

Reader's Digest Association, Inc. v. Conservative Digest, Inc., Reader's Digest Association, Inc. v. Conservative Digest, Inc.

821 F.2d 800 · Court of Appeals for the D.C. Circuit · Jun 30, 1987

The district court did not err in finding that the design of Reader’s Digest’s cover qualifies for protection under the Copyright Act as an “original work of authorship.” … None of the individual elements of the Reader’s Digest cover — ordinary lines, typefaces, and colors — qualifies for copyright protection.

Chemical Waste Management, Inc. v. U.S. Environmental Protection Agency

869 F.2d 1526 · Court of Appeals for the D.C. Circuit · Mar 14, 1989

The agency makes two related arguments based on the 1980 regulations. *219 First, the EPA asserts that these regulations clearly established that contaminated environmental media would be considered hazardous wastes. … that it qualifies as a new agency action triggering its own statutory review period. .

Helen B. Elliott, Individually and as Administratrix of the Estate of Darlene Julie Elliott v. Michael James, Inc., T/a Gentlemen II

507 F.2d 1179 · Court of Appeals for the D.C. Circuit · Jan 7, 1975

The defendants established and approved of the practice of securing these doors each evening. … The evidence clearly shows that these pre-existing conditions were activated after Darlene Elliott entered the premises.

United States v. Abu Khatallah

316 F. Supp. 3d 207 · Court of Appeals for the D.C. Circuit · Jun 26, 2018

It therefore qualifies as a crime of violence under 18 U.S.C. § 924 (c)(3)(A). … The object of the conspiracy is clearly relevant under the residual clause: an agreement to commit a crime that (if completed) involves the use, attempt, or threat of force inherently creates a "substantial risk" that force

K.O. v. Jefferson B. Sessions

Court of Appeals for the D.C. Circuit · Jul 29, 2022

“An official who asserts a qualified immunity defense can only be held liable if the plaintiff establishes that the official violated a constitutional right that was clearly established at the time.” Lash v. … Here, Appellants have not demonstrated that it was clearly established that the alleged conduct violated section 1985, and so their section 1986 claim is barred by qualified immunity as well.

Brent N. Rushforth v. Council of Economic Advisers

762 F.2d 1038 · Court of Appeals for the D.C. Circuit · May 24, 1985

Those functions clearly go beyond advice and assistance. In a word, OST could take direct action and thus was deemed to be an administrative agency. … Rushforth clearly had standing as to the Sunshine Act action.

George v. Mitchell

282 F.2d 486 · Court of Appeals for the D.C. Circuit · Jun 23, 1960

See Block, Suits Against Government Officers and the Sovereign Immunity Doctrine, 59 Harv.L.Rev. 1060' (1946). This case falls in the latter category. … Ozmer, 5 Cir., 1950, 181 E.2d 508, relied on by appellants, is clearly distinguishable: there the contract price was changed in a good faith effort to comply with OPA regulations. .

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

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

The basic controversy remaining for resolution concerns the period of signatory service needed to qualify for a pension and the extent of and the inclusion of interest in the retroactive payments owed qualifying miners. … The eligibility requirements established by the Trustees have varied over the course of the Fund’s existence.

American Federation of Government Employees, Local 32 v. Federal Labor Relations Authority, Office of Personnel Management, Intervenor

110 F.3d 810 · Court of Appeals for the D.C. Circuit · Jun 5, 1997

The Union’s proposal favored more senior and more qualified employees. … Protection Bd., 913 F.2d at 980 (defining “the competitive area to include only bargaining unit employees ... is clearly prohibited under OPM regulations”).

Office of Communication of the United Church of Christ v. Federal Communications Commission and United States of America

465 F.2d 519 · Court of Appeals for the D.C. Circuit · Mar 28, 1972

Sections 303, 307 (a) and 309(a) of the Communications Act, among others, establish the general mandate that the Commission act in accordance with “public convenience, interest or necessity.” 19 . … “In the case of a withdrawal involving applicants for a construction permit, the public interest suffers to the extent the Commission no longer has a choice of selecting the best qualified applicant.

Univ. of S. Cal. v. Nat'l Labor Relations Bd.

918 F.3d 126 · Court of Appeals for the D.C. Circuit · Mar 12, 2019

As the Court explained, Congress "regarded [managers] as so clearly outside the [NLRA] that no specific exclusionary provision was thought necessary." Id. at 283 , 94 S.Ct. 1757 . Second, in N.L.R.B. v. … Faculty qualify as managerial when they exercise "effective recommendation or control" over central employer policies. Id. at 683 n.17, 100 S.Ct. 856 .

Milton Blakemore v. John B. Coleman, D/B/A the Fairfax and the Jockey Club

701 F.2d 967 · Court of Appeals for the D.C. Circuit · Mar 4, 1983

The only fact that was conclusively established at trial was that the bag had some tangible contents. … Indeed, facts clearly existed from which conflicting inferences could be drawn.

Secretary of Defense v. Le Khac Bong

410 F.2d 252 · Court of Appeals for the D.C. Circuit · Mar 3, 1969

Chen, Chairman of DLI’s Far East Division, felt that appellee was “qualified” and asserted a need for his “invaluable services,” but there was no representation that Mr. Bong was irreplaceable. … (e) The request must be supported by documentary evidence demonstrating that issuance of the waiver is in the public interest because the two-year period of residence abroad would * * * be clearly detrimental to a program

Eley v. District of Columbia

793 F.3d 97 · Court of Appeals for the D.C. Circuit · Jul 10, 2015

Circuit precedent “indicates that IDEA cases, as a subset of civil rights litigation, fail to qualify as ‘complex’ federal litigation.” Id. at 159. … In Covington, this Court held that the “plaintiffs clearly met their burden and their requested rates were properly accorded a presumption of reasonableness.” Id. at 1110.

James Bailey v. United States of America, Ronald Humphries v. United States

405 F.2d 1352 · Court of Appeals for the D.C. Circuit · Sep 13, 1968

The prosecution, however, requested and was allowed to ask death qualifying questions of the veniremen (Tr. at 7-8). … The following cursory colloquy clearly reflects such excitement and confusion in the Juvenile Court trial (Tr. at 34) : Q. Did you in fact scream? A. It’s been so long. Q.

Kenneth Fox v. Hillary Clinton

684 F.3d 67 · Court of Appeals for the D.C. Circuit · Jun 12, 2012

The Act also establishes a rebuttable presumption that a person who commits an expatriating act does so voluntarily. See id. 2. … The Israeli citizenship certificate issued to your client clearly indicates that he acquired citizenship in accordance with paragraph 2.

Stichting Pensioenfonds Voor De Gezondheid, Geestelijke en Maatschappelijke Belangen v. United States

129 F.3d 195 · Court of Appeals for the D.C. Circuit · Nov 14, 1997

A nonprofit entity, the Fund clearly satisfies sub-paragraph (1). … The Service has said only that a labor organization not itself a labor union that engages in appropriate labor union activities "may" qualify for an exemption. Rev. Rul. 75-473.

Sinito Ex Rel. Sinito v. United States Department of Justice

176 F.3d 512 · Court of Appeals for the D.C. Circuit · May 18, 1999

In the second part of our analysis in Mallick, we held that Rule 25 did not bar a fellow union member from substituting for the deceased plaintiff because the language of the LMRDA showed "the right to disclosure established … The FOIA was "clearly intended ... to give any member of the public as much right to disclosure as one with a special interest [in a particular document]," NLRB v.

Drg Funding Corporation v. Secretary of Housing and Urban Development

76 F.3d 1212 · Court of Appeals for the D.C. Circuit · Feb 20, 1996

But even if the prior decision conclusively establishes that DRG’s judgment is against the United States for purposes of limits on garnishment arising out of sovereign immunity doctrines, that would fail to establish that … See 5 U.S.C. § 103 (identifying government corporations); 12 U.S.C. § 1717 (a)(2)(A) (establishing Ginnie Mae as a “body corporate” without capital stock within HUD).

Hutchins v. Hutchins

48 App. D.C. 495 · Court of Appeals for the D.C. Circuit · Mar 31, 1919

It is difficult for a physician who, as in this instance, acquired his knowledge from professional contact with his patient, under any circumstances to qualify as a witness within the statute to express an opinion as to the … court considers the previous ruling to be the law of this ease, in view of the fact that the caveator was restricted by it; and, since such restriction was imposed at the instance and insistence of the caveatees, they are clearly