Case law

Sears, Roebuck & Co. v. United States Postal Service

844 F.3d 260 · Court of Appeals for the D.C. Circuit · Dec 20, 2016

To qualify for the discounted rate, Appellants certified that their mailings met the applicable sealing requirements for oblong self-mailers. … The standards clearly state that the top, bottom, and trailing edges must be sealed.” JA 166.

Peck v. City of Boston

768 F. Supp. 2d 189 · Court of Appeals for the D.C. Circuit · Mar 8, 2011

Because the record establishes that there are questions of material fact on these issues, neither party is entitled to summary judgment.”). … Even if the plaintiff did supply this information, the Court remains skeptical that alternate sources are unavailable to establish the size of the area designated for street performances in July 2008.

Firfer Et Ux. v. United States

208 F.2d 524 · Court of Appeals for the D.C. Circuit · Dec 10, 1953

For the dismissal to be sustained, therefore, it must appear clearly and unequivocably from the opening statement that appellants could have no recovery. … It is to be noted that not all the eases clearly draw the distinction between the two classes of licensees, nor, indeed, between bare licensees and trespassers.

Katherine Anne Meyer v. George Bush, Chairman, Task Force on Regulatory Relief

981 F.2d 1288 · Court of Appeals for the D.C. Circuit · Jan 8, 1993

by an executive order is a sufficient “establishment” to qualify as an agency, provided it passes Sonde’s “sole function” test. 8 The major *1303 ity is surely correct that the President “does not create an ‘establishment … To the contrary, the Task Force’s functions beyond advising and assisting the President equaled or exceeded those of the CEQ, and clearly sufficed to distinguish it from the CEA and to qualify it as an agency.

United States v. Henson

486 F.2d 1292 · Court of Appeals for the D.C. Circuit · Oct 17, 1973

Over objection, the trial judge ruled the inspector qualified as an expert in stolen checks after a voir dire conducted outside the presence of the jury. … And to the extent the existence of Covington was challenged, it was clearly in the context of his existence as appellant’s passenger on the evening of the arrest.

Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell

830 F.3d 754 · Court of Appeals for the D.C. Circuit · Jul 29, 2016

That sentence does not mean, however, that the IRA is wholly immune to a Chevron analysis. … At the time there was no prohibition on qualifying for both exceptions at the same time, but that changed in 2008.

United States v. Phillip H. Nicely

922 F.2d 850 · Court of Appeals for the D.C. Circuit · Jan 4, 1991

While we are unwilling to speculate about a matter so clearly committed to the trial court's discretion, see United States v. … Nor do the agent’s ambiguous threats seem to qualify as outrageous conduct.

International Longshoremen's Association, Afl-Cio v. National Mediation Board

870 F.2d 733 · Court of Appeals for the D.C. Circuit · Mar 24, 1989

The South Carolina Ports Authority owned and operated terminal railroads, and in an initial decision in 1969, the Board found that it qualified as a carrier. … NMB is entitled to deference on whichever reasonable interpretation of the statute it clearly enunciates and applies.

American Smelting & Refining Co. v. Federal Power Commission

494 F.2d 925 · Court of Appeals for the D.C. Circuit · Jan 21, 1974

The question decided in International Payer was whether the Commission’s adoption of a curtailment plan would iyso facto immunize the pipe line from liability for breach of service contracts. … The Commission’s concern for human needs customers is clearly unnecessary.

Sohio Corp. v. Commissioner of Internal Revenue

163 F.2d 590 · Court of Appeals for the D.C. Circuit · Jul 28, 1947

to their disposition the taxpayer has received income, even though it be eventually established that he is not entitled to retain the money. … If the Supreme Court had meant that the receipt of sums was income, whether or not under claim of right, the recitation of the qualifying phrase in the opinion was meaningless.

McKesson HBOC, Inc. v. Islam Repub Iran

320 F.3d 280 · Court of Appeals for the D.C. Circuit · Jan 15, 2002

Iran moved to dismiss, arguing primarily that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. ss 1602-1611, rendered it immune from suit in federal court. … If a treaty contains language clearly indicating its status as self- executing, courts regard that language as conclusive. See Cardenas v. Smith, 733 F.2d 909, 918 (D.C.

Shays v. Federal Election Commission

528 F.3d 914 · Court of Appeals for the D.C. Circuit · Jun 13, 2008

’ if they refer[red] to a political party or ‘clearly identified candidate for Federal office.’” … The revised regulation prohibits coordinated advertisements “refer[ring] to a clearly identified House or Senate candidate . . . in the clearly identified candidate’s jurisdiction 90 days or fewer before the clearly identified

Jersey Central Power & Light Company v. Federal Energy Regulatory Commission, Allegheny Electric Cooperative, Inc., Intervenors

810 F.2d 1168 · Court of Appeals for the D.C. Circuit · Feb 3, 1987

There was, however, no suggestion in that case that the Commission was establishing any ironclad rule. … Quite clearly, the Commission may not maintain a system of rules that provides no opportunity at all for Hope allegations to be raised, heard, considered, and made the subject of findings.

McKesson HBOC, Inc. v. Islam Repub Iran

320 F.3d 280 · Court of Appeals for the D.C. Circuit · Nov 16, 2001

Iran moved to dismiss, arguing primarily that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. ss 1602-1611, rendered it immune from suit in federal court. … If a treaty contains language clearly indicating its status as self- executing, courts regard that language as conclusive. See Cardenas v. Smith, 733 F.2d 909, 918 (D.C.

Buckley v. Valeo

519 F.2d 821 · Court of Appeals for the D.C. Circuit · Aug 29, 1975

to submit to a Commission audit of his qualified campaign expenses. … Id. § 9004(a)(3). 77 Subtitle H establishes different paths to general election funding by defining "candidate" in two different ways: either the nominee of a major party, or an individual qualified to have his name (or those

Public Citizen, Inc. v. U.S. Nuclear Regulatory Commission and the United States of America, City of Tucson, Arizona, Intervenor

940 F.2d 679 · Court of Appeals for the D.C. Circuit · Aug 2, 1991

It sounds these themes frequently, with references to the statement as establishing “a unifying risk framework for making decisions”, see id. at 27,523/2; see also id. at 27,525/3 (statement establishes “the risk framework … The judicial process would clearly gain by waiting for a concrete application. Nor have the petitioners established that withholding court consideration would inflict any hardship. See Abbott Laboratories v.

New LifeCare Hospitals v. Xavier Becerra

7 F.4th 1215 · Court of Appeals for the D.C. Circuit · Aug 10, 2021

I A Medicare is a federally funded program that reimburses healthcare providers for delivering medical care to qualifying elderly and disabled individuals. See 42 U.S.C. § 1395 et seq. … See J.A. 707 (“[T]he Board finds that pre-1987 bad debt policy in the PRM clearly established that providers have an obligation to bill ‘the responsible party.’”); J.A. 709 n.49 (citing “examples of pre-1987 agency statements

Funk v. United States

16 App. D.C. 478 · Court of Appeals for the D.C. Circuit · Jun 5, 1900

The law recognizes such evidence as competent to establish murder or any other crime when the circumstances are such as to leave no reasonable doubt of guilt. … We find no abuse of that discretion here, for the words of counsel were clearly within the record.

Mary Chambers v. DC (EN BANC)

35 F.4th 870 · Court of Appeals for the D.C. Circuit · Jun 3, 2022

Moreover, well-established case law adequately protects employers from frivolous claims. … The answer is clearly no. A “Overruling precedent is never a small matter.” Kimble v. Marvel Ent., LLC, 576 U.S. 446, 455 (2015).

Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of America

666 F.2d 595 · Court of Appeals for the D.C. Circuit · Oct 1, 1981

To the extent that the purchase er is unable to obtain a needed item from the most qualified supplier and must turn to other less qualified suppliers, defining basic component to include such an item may to some extent detract … To the extent that the purchaser is unable to obtain a needed item from the most qualified supplier and must turn to other less qualified suppliers, defining basic component to include [commercial grade items] may to some