Case law

United States v. Blaine A'mmon White

1 F.3d 13 · Court of Appeals for the D.C. Circuit · Jul 27, 1993

The government attempted to establish that White had been involved in a scheme to obtain false identification documents for a Canadian citizen, Harold D. … Providing Linden with the information clearly abused a position of trust within the meaning of the Guideline.

Abram Flaxer v. United States

235 F.2d 821 · Court of Appeals for the D.C. Circuit · Jul 30, 1956

That his contumacy was complete on that day is clearly shown by his own testimony before the subcommittee. … On that supposition some may think Senator Watkins — although he did not promise immunity in that event— was affording Flaxer an opportunity to purge himself of contempt.

Albra v. Bd. of Trs. of Miami Dade Coll.

296 F. Supp. 3d 181 · Court of Appeals for the D.C. Circuit · Feb 15, 2018

Ltr.") establishes that the plaintiff was charged in June 2015 with multiple violations of MDC's code of conduct based on complaints by six female students. … an abuse of discretion, not in accordance with law" and its "own Case Processing Manual," citing 5 U.S.C. § 706 (2)(A) ; Count III alleges that OCR's actions were "[c]ontrary to constitutional right, power, privilege, or immunity

In re: Sealed Case

350 F.3d 113 · Court of Appeals for the D.C. Circuit · Dec 5, 2003

ANALYSIS We review the sentence imposed by the district court under the ‘‘trichotomy’’ established by the Congress in 18 U.S.C. § 3742(e). … Although the district court did not clearly err in concluding that the appellant’s situation does not qualify for the excep- tion, Taylor, 937 F.2d at 680, we believe it incorrectly stated the law in declaring that ‘‘a defendant

Pilcher v. Continental Trust Co.

69 F.2d 987 · Court of Appeals for the D.C. Circuit · Jan 22, 1934

enforce a lien on the security or to have it sold to indemnify her for the money advanced in taking up the note, on which facts we said: “The case as thus presented, apart from the matters of defense, is plainly within the established … The language there used the court thought qualified tho general nature of tho assignment and made it inadmissible as against the executrix for the reason that it did not assign any claim against her or her testator.

Klayman v. Judicial Watch, Inc.

297 F. Supp. 3d 80 · Court of Appeals for the D.C. Circuit · Mar 9, 2018

With respect to some exhibits, the Court shall draw on the standard established by the Federal Rules for the so-called business records exception to the hearsay rule. … It is hard to qualify these exhibits as business records where the purported custodian demonstrates such uncertainty.

Common Cause v. Internal Revenue Service

646 F.2d 656 · Court of Appeals for the D.C. Circuit · Mar 9, 1981

Moreover, the IRS never created a document which qualifies as a “final opinion” as described in Sears. … But that document, which the IRS disclosed, was clearly not intended to be a statement of official agency policy, even though it recites some of the Service’s reasons for rejecting the proposed plan.

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.

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.

Grant v. Entm't Cruises, Inc.

288 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Dec 7, 2017

As a result, Grant is clearly within her rights to seek amendment. In her prior Amended Complaint, the heading for Count IV had included language saying, "Pursuant to Personal Injury, U.S. … [W]e assume that when a statute uses such a term, Congress intended it to have its established meaning." McDermott Intern., Inc. v.

Committee for Full Employment v. Michael W. Blumenthal, Secretary of the Treasury

606 F.2d 1062 · Court of Appeals for the D.C. Circuit · Jun 12, 1979

Appellants are clearly *1066 within the “zone of interests” 14 both of the statute and of the applicable procedural regulations that appellants claim have been violated. 15 II. … However, appellants’ affidavits establish that at least some of them (or their members) have filed administrative complaints.

Alyeska Pipeline Service Company v. U.S. Environmental Protection Agency

856 F.2d 309 · Court of Appeals for the D.C. Circuit · Sep 13, 1988

production ... could reasonably be expected to interfere with enforcement proceedings.” 15 The agency has the burden of demonstrating that the exemption applies. 16 Since Alyeska concedes that the documents in question qualify … rendered only when it is properly shown “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 35 We have repeatedly emphasized that FOIA cases are not immune

Bartko v. U.S. Dep't of Justice

898 F.3d 51 · Court of Appeals for the D.C. Circuit · Aug 3, 2018

FOIA Exemption 6 separately shields “personnel and medical files and similar files” when their disclosure “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). … Exemption 6 shields “personnel and medical files and similar files” when their disclosure “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6) (emphasis added).

Berger v. Iron Workers Reinforced Rodmen, Local 201

170 F.3d 1111 · Court of Appeals for the D.C. Circuit · Mar 30, 1999

Berper I, however, made clear that the relevant question is not whether a claimant was qualified during the Open Period, but whether he was qualified during the liability period-which did not begin until *1128 the Open Period … We think the 1973 back pay award to James Brown is clearly erroneous.

International Ass'n of Machinists v. National Labor Relations Board

414 F.2d 1135 · Court of Appeals for the D.C. Circuit · May 2, 1969

Thomas and Ehlers each established a new management and supervisory hierarchy. … A comparison of these factual aspects indicates at once that this record is clearly distinguishable from successorship cases cited by the petitioners. See, e. g., K. B. & J. Young’s Super Markets, Inc. v.

Kennecott Corporation v. Environmental Protection Agency, Asarco Incorporated and Magma Copper Company v. Environmental Protection Agency, the Bunker Hill Company v. Environmental Protection Agency, Molycorp, Inc. v. Environmental Protection Agency, Asarco Incorporated v. Environmental Protection Agency

684 F.2d 1007 · Court of Appeals for the D.C. Circuit · Jul 30, 1982

That no EPA actions involving molybdenum roasters had occurred at the time § 119 was enacted is alone insufficient to establish that Congress intended to exclude such facilities. 40 Because a molybdenum roaster falls clearly … Establishing a single set of criteria is consistent with that mandate.

Willard Stark v. Washington Star Co. And Director, Office of Workers' Compensation Programs, U.S. Department of Labor

833 F.2d 1025 · Court of Appeals for the D.C. Circuit · Nov 20, 1987

Sappington told him that he could not establish a definitive link between his environment and his deteriorating condition. … Moreover, the evidence of the Star’s breathing-mask regulation established such awareness for what it was worth.

Hoeppel v. United States

85 F.2d 237 · Court of Appeals for the D.C. Circuit · May 18, 1936

same day Hoeppel went to Burke’s office with a letter cancelling Ives’ nomination, which letter Burke signed, and at that time Hoeppel said to Burke’s secretary that Ives was mentally deficient, to which she replied, “He qualified … In our opinion, this as clearly makes each member of that corps an inferior officer as if the statute proceeded to declare him so.”

National Small Shipments Traffic Conference, Inc. v. Civil Aeronautics Board

618 F.2d 819 · Court of Appeals for the D.C. Circuit · Feb 11, 1980

The Board pointed out: 12 The Congress clearly intended Pub.L. 95-163 to substantially deregulate the domestic air cargo industry. … of the entire industry. 25 Finally, with respect to the exemption from the agreement filing requirement, the Board observed that the Deregulation Act of 1978 had broadened its Section 416(b) exemption authority and had "clearly

National Law Center on Homelessness and Poverty v. Michael Kantor

91 F.3d 178 · Court of Appeals for the D.C. Circuit · Aug 9, 1996

ICC, 934 F.2d 327, 339-346 (D.C.Cir.1991) (Thomas, J., concurring)), to our obligation to determine our jurisdiction: ‘“when the merits of a case are clearly against the party seeking to invoke the court’s jurisdiction, the … Robuck, states in his affidavit that the EFS program’s formula “uses unemployment rates and poverty rates to qualify a community for funding....