Case law

Patricia A. Smith v. Board of Commissioners of the District of Columbia

380 F.2d 632 · Court of Appeals for the D.C. Circuit · Jun 23, 1967

Appellants make much of the fact that this latter denial is qualified by the words “at this time.” … We are convinced that the establishment of the precise shape of those facts would be very helpful, if indeed not critical, to measurement by constitutional stand *637 ards.

Edna Doak v. Jeh Johnson

798 F.3d 1096 · Court of Appeals for the D.C. Circuit · Aug 18, 2015

Since Congress has not “‘clearly state[d]’ that the rule is jurisdictional,” we will not treat it as such. Sebelius v. Auburn Regional Medical Center, 133 S. … If a prima facie case is established, the burden shifts to the employer to produce a “legitimate, nondiscriminatory reason” for its action. Wiley v. Glassman, 511 F.3d 151, 155 (D.C.

Brayton v. Office of United States Trade Representative

641 F.3d 521 · Court of Appeals for the D.C. Circuit · Apr 19, 2011

If the government’s initial decision to withhold was clearly justified, that was the end of the analysis. … He argues that this effectively nullifies the statute’s lenient “not insubstantial” standard, replacing it with the stricter requirement that a plaintiff’s claim be correct on the merits to qualify for an award.

American Society of Travel Agents, Inc. v. Michael Blumenthal, Secretary of Treasury

566 F.2d 145 · Court of Appeals for the D.C. Circuit · Nov 1, 1977

First, the rather cryptic phrasing of Data Processing does not clearly define the contours of competitor standing as conceived by the Supreme Court. … Here, the AJC and other such groups will clearly remain free to pursue their travel businesses, however the tax status is finally resolved.

Shirley C. Shehadeh v. Chesapeake and Potomac Telephone Company of Maryland

595 F.2d 711 · Court of Appeals for the D.C. Circuit · Nov 8, 1978

And with the April charge clearly timely, the January and March charges cannot simply be ignored as untimely. … The issue of recommendations and references clearly continues after termination of employment and would usually not even arise until that time.

Connecticut Valley Electric Co. v. Federal Energy Regulatory Commission

208 F.3d 1037 · Court of Appeals for the D.C. Circuit · Apr 14, 2000

In order to secure these benefits to qualifying cogeneration and small power production facilities--so-called Qualifying Facilities, or QFs--the Commission has promulgated the following regulations, respectively: 18 C.F.R … Connecticut Valley then asked the NHPUC to investigate whether Claremont qualified as a QF in view of its having sold its gross output.

Local No. 742, United Brotherhood of Carpenters and Joiners of America, John Foreman, Business Agent, and Harold Stolley, Steward v. National Labor Relations Board, J. L. Simmons Company, Inc., Intervenor. J. L. Simmons Company, Inc. 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.

Casino Ready Mix, Inc. v. National Labor Relations Board

321 F.3d 1190 · Court of Appeals for the D.C. Circuit · Mar 14, 2003

[Petitioner] admitted that Dooley was qualified for the driver position being advertised. … [Casino] does not dispute, and we find, that King was qualified for the advertised position as well. Casino Ready Mix, 2001 WL 1039902, at *4.

United States v. Lam Kwong-Wah, United States of America v. Lam Kwong-Wah, United States of America v. Lam Kwong-Wah

924 F.2d 298 · Court of Appeals for the D.C. Circuit · Jan 25, 1991

The trial judge reviewed the material in camera and concluded that the documents did not qualify as Jencks material because “they in no way indicated that either defendant or his wife acted as government informants during … The documents in question clearly did relate to the subject matter of Forzano’s testimony.

TOMAC v. Norton, Gale A.

433 F.3d 852 · Court of Appeals for the D.C. Circuit · Jan 6, 2006

The Restoration Act clearly remedied that improper termination and “restored” the Band to its rightful place. … Finally, other decisions in related cases clearly support the District Court’s judgment in this case.

Temistocles Ramirez De Arellano v. Caspar W. Weinberger, Secretary of Defense

724 F.2d 143 · Court of Appeals for the D.C. Circuit · Feb 23, 1984

at least permit the plaintiffs to demonstrate that one could be established elsewhere. … We think ourselves poorly qualified to judge the relative geopolitical and military advantages of various sites for training camps (assuming that training is the sole objective), and think the closing down of an existing

Red Star Manufacturing Co. v. Grimes

221 F.2d 524 · Court of Appeals for the D.C. Circuit · Dec 23, 1954

He qualified this statement to the extent that piecework rates, applicable to all pieceworkers, would have to be raised in order to preserve incentives. … Clearly their resignations do not affect the validity of the report since § 5(c) of the Act provides that “two-thirds of the members * * * shall constitute a quorum,” and that only a “majority of all its members” is required

The Penn Mutual Life Insurance Company v. United States of America and the Internal Revenue Service

68 F.3d 1371 · Court of Appeals for the D.C. Circuit · Oct 27, 1995

Thus, the IRS concludes, appellants did not reasonably rely on the ruling and do not now qualify for relief from its retroactive application under § 7805(b). … Appellants’ affidavit, however, clearly states that Mr.

Constancia A. Vda De Daylo v. Administrator of Veterans' Affairs

501 F.2d 811 · Court of Appeals for the D.C. Circuit · Jun 26, 1974

But, if so, the intent was nowhere clearly expressed. … But the fact remains that this intent is nowhere clearly expressed. 32 . H.R.Rep.No.91-1166, supra note 7, at 11. 33 .

An opinion was released in case 24-1113, TikTok Inc. v. Merrick Garland

Court of Appeals for the D.C. Circuit · Dec 6, 2024

Divestiture, by contrast, clearly accomplishes both goals more effectively than would the proposed NSA. … The qualified divestiture exemption does just that.

Murphy v. Internal Revenue Service

460 F.3d 79 · Court of Appeals for the D.C. Circuit · Aug 22, 2006

As an agency of the Government, of course, the IRS shares in that immunity. See Settles v. U.S. … No. 65-767, at 9-10 (1918), the Government observes that the “report simply does not establish that Congress believed taxing compensatory personal injury damages would be unconstitutional.”

United States v. Henry

557 F.3d 642 · Court of Appeals for the D.C. Circuit · Mar 6, 2009

But clearly it’s targeted to people who would be . . . associated with the Special [A]gent who clearly would be family who would let him know. … A number of these scenarios are consistent with the record evidence and would still qualify him for the sentencing enhancement.

United States v. Patricia Ann Wright, United States of America v. Shirley Ann Boyd, A/K/A Kim, A/K/A Lisa

610 F.2d 930 · Court of Appeals for the D.C. Circuit · Sep 28, 1979

The existence of such jurisdiction was clearly held in United States v. Wilson, despite D.C.Code § 4-157. … One should not have to forfeit all of his property in order to qualify for court appointed counsel. 48 . Tr. 25. 49 . Gov’t Br. 18-19. 50 .

In Re: Sealed Case

124 F.3d 230 · Court of Appeals for the D.C. Circuit · Aug 29, 1997

Any rule qualifying the privilege may in at least some cases (once it is adopted) cause some clients to confide less in their attorneys; the communication that is stillborn can never be disclosed. … And abrogation of the privilege would clearly impair the provision of legal services.

Mobiletel, Inc. v. Federal Communications Commission, Columbia Cellular, Inc. And Bellsouth Mobility Inc., Intervenors

107 F.3d 888 · Court of Appeals for the D.C. Circuit · Apr 29, 1997

Background The Commission established rules to govern the implementation of cellular communications service in 1981. … Although in previous license distributions it had allowed providers of landline service to qualify for landline set-aside frequencies in any market, see In re Application of Bondu-el Telephone Co., 68 FCC 2d 497 (1978), the