Case law

International Union of Electrical, Radio & Machine Workers v. National Labor Relations Board

418 F.2d 1191 · Court of Appeals for the D.C. Circuit · Jul 22, 1969

stipulation alone could not clearly reach out to Wawasee, the text supplemented by the previous petition could. … If Timmons’ ballot cannot qualify under these standards, the Board must consider whether Kleinknight’s torn ballot is valid under the same standards.

Wardman v. Leopold

85 F.2d 277 · Court of Appeals for the D.C. Circuit · Jun 8, 1936

Wardman then refused to pay plaintiffs for their services, whereupon they brought this, action to establish a lien against the sum due Wardman. … Barnes gave no general promise of reward; he did not even give a promise qualified and measured by success to pay anything out of his own property, referring to the fund simply as the means that would enable him to do it.

In Re SEALED MOTION

880 F.2d 1367 · Court of Appeals for the D.C. Circuit · Jul 26, 1989

The facts of that case, however, are clearly distinguishable. … In this sui generis matter, however, since this court has been involved in this cause for a considerable period and is well qualified to weigh the continuing needs for grand jury secrecy as well as especially qualified to

Equal Employment Opportunity Commission and Elizabeth McDonough v. The Catholic University of America

83 F.3d 455 · Court of Appeals for the D.C. Circuit · May 14, 1996

The indications that the candidate is one of the most qualified for the position. ... f. … Hill described Sister McDonough as a “productiv[e] ... scholar [who] ... reasons critically ... writes clearly” and is “setting the pace” compared to her peers.

Lillian B. Waters v. Peter G. Peterson

495 F.2d 91 · Court of Appeals for the D.C. Circuit · Oct 12, 1973

As already noted, the “fighting words” concept is an exception to protected speech, but we do not think the present record established a predicate for that exception. … This is so even though the immunity of government employees from sanction is not necessarily eo-extensive with the immunity of citizens from prosecution for speech on the public way.

Raymond J. Donovan, Secretary of Labor v. Carolina Stalite Company, (Two Cases.)

734 F.2d 1547 · Court of Appeals for the D.C. Circuit · May 15, 1984

The company clearly had notice of MSHA’s potential claim of regulatory power under the Act. … In these circumstances, we are hesitant to accept Stalite’s argument that Barlow’s qualifies Dewey . 14 .

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

839 F.2d 782 · Court of Appeals for the D.C. Circuit · May 6, 1988

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.V.

Norris v. Wash. Metro. Area Transit Auth.

342 F. Supp. 3d 97 · Court of Appeals for the D.C. Circuit · Oct 19, 2018

However, as an interstate compact, courts have found that WMATA was conferred sovereign immunity by Virginia, Maryland, and the District of Columbia, and thus that it is not subject to the D.C. Human Rights Act. … The table does not offer any evidence to support the claim that those employees were better qualified than Norris.

United States v. Javier Ballestas

795 F.3d 138 · Court of Appeals for the D.C. Circuit · Jul 28, 2015

The court further held that the vessels apprehended on March 3rd and 11th qualified as stateless vessels “subject to the jurisdiction of the United States.” 46 U.S.C. § 70502(c)(1). … And with the extraterritorial reach of the conspiracy provision clearly established, we have no occasion to apply the Charming Betsy canon. Our decision in United States v. Ali is highly instructive.

C.F. Communications Corp. v. Federal Communications Commission

128 F.3d 735 · Court of Appeals for the D.C. Circuit · Oct 31, 1997

We find that the Commission's interpretation of the word "premises" is so far removed from any established definition of that word that we must reject its interpretation as plainly erroneous. … For this reason, and because the Commission's interpretation of its rules was clearly erroneous, we vacate the Commission's Order and remand for further proceedings consistent with this opinion.

US Telecom Assn v. FCC

Court of Appeals for the D.C. Circuit · Mar 2, 2004

In place of the old restrictions, the Commission established new ‘‘eligibility criteria’’ as prerequi- sites for a competitor to enjoy the access entitlement of a bona fide provider of a qualifying service. … Although utility consumer interests are clearly affected by the Order, nothing in the administrative record or NASUCA’s opening brief establishes that NASUCA is qualified to represent those interests in federal court.

United States v. Steven Lamont Fearwell

595 F.2d 771 · Court of Appeals for the D.C. Circuit · Apr 25, 1979

“[D]ishonesty or false statement,” the court concluded, was clearly intended by Congress “to denote a fairly narrow subset of criminal activity.” 179 U.S.App.D.C. at 176 , 551 F.2d at 362 . … (a) What constitutes. — In any mercantile establishment, it is unlawful for any person (1) To remove any goods, wares or merchandise from the immediate place of display or from any other place within the establishment with

Jamari Salleh v. Warren Christopher, Secretary of State

85 F.3d 689 · Court of Appeals for the D.C. Circuit · Jun 14, 1996

That Board ... is the best qualified to adjudicate these cases. The Board of the Foreign Service has heretofore performed this function in an advisory capacity....”) (emphasis added). … More important, the actual language of the whole § 610(a) establishes that intent.

Cheyenne Arapaho Tribes of Oklahoma v. United States

558 F.3d 592 · Court of Appeals for the D.C. Circuit · Mar 17, 2009

The United States 1 Congress established the ICC in 1946 as a quasi-judicial body with authority to determine the merits of all Indian claims against the United States that accrued prior to its establishment. … The Eighth Circuit has likewise concluded that the United States does not abandon a claim to property for purposes of § 2409a(g) unless it “clearly and unequivocally abandons its interest” through some official action.

Ord v. District of Columbia

587 F.3d 1136 · Court of Appeals for the D.C. Circuit · Dec 4, 2009

Thus, our case law makes clear that such a special priority is sufficient to establish imminence. … Thus, to qualify as insubstantial, a claim’s “unsoundness [must] so clearly result[ ] from the previous decisions of [the Supreme Court] as to foreclose the subject and leave no room for the inference that the question sought

Association of American Physicians and Surgeons, Inc. v. Hillary Rodham Clinton, Association of American Physicians and Surgeons, Inc. v. Hillary Rodham Clinton

997 F.2d 898 · Court of Appeals for the D.C. Circuit · Jun 22, 1993

Administrator of General Services, 433 U.S. 425, 443 , 97 S.Ct. 2777, 2790 , 53 L.Ed.2d 867 (1977)), even though the counsel was largely immune from the executive branch's operational control (she was appointed by a panel … The government argues that section 202 clearly implies that a temporary employee can be "full-time."

Am. Ctr. for Law & Justice v. U.S. Dep't of Justice

334 F. Supp. 3d 13 · Court of Appeals for the D.C. Circuit · Sep 19, 2018

Here, Defendant's declarant has not established that the email in question-labeled FBI-12-was "compiled for law enforcement purposes." … In that sense, they qualify as predecisional. Finally, Plaintiff's segregation argument bears no fruit.

United States v. Al-Imam

373 F. Supp. 3d 247 · Court of Appeals for the D.C. Circuit · Mar 14, 2019

Charter to the 'prosecute or extradite' regime they establish[.]"). … itself is established."

Shurberg Broadcasting of Hartford, Inc. v. Federal Communications Commission, Astroline Communications Co., Intervenor

876 F.2d 902 · Court of Appeals for the D.C. Circuit · Jun 16, 1989

[T]he Agency Plan requires women to compete with all other qualified applicants. … Chief Justice Burger, speaking in a minority preference case, remarked: A congressional program choice or finding does not “render it (the program) immune from judicial scrutiny." . TAN 5. .

Hotel & Restaurant Employees Union, Local 25 v. Attorney General of the United States

804 F.2d 1256 · Court of Appeals for the D.C. Circuit · Jan 12, 1987

The Refugee Act of 1980 requires the INS, under procedures established by the Attorney General, to grant political asylum to any applicant who qualifies as a “refugee.” Id. § 1158(a); see also 8 C.F.R. … An alien seeking refugee status has the burden of establishing that he meets the statutory standard as a refugee in order to qualify for asylum. 8 C.F.R. § 208.5 .