Case law

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

District of Columbia v. National Wildlife Federation

214 F.2d 217 · Court of Appeals for the D.C. Circuit · Apr 7, 1954

Since the Federation is incorporated under the laws of the District of Columbia, is not conducted for private gain, and is truly a scientific institution, it qualifies for the exemption under the statute. … If a religious exemption, see § 47-80-la, D.C.Code (1951), were involved it could hardly be thought it must be denied because the government could not directly engage in the establishment of religious institutions.

Gardner v. Capital Transit Co.

152 F.2d 288 · Court of Appeals for the D.C. Circuit · Dec 17, 1945

Appellant argues that the court erred in refusing to take notice of a municipal ordinance of the District of Columbia establishing such a speed limit. … Fourth: Plaintiff’s final point is that the verdict is clearly against the weight of the evidence, but it does not so appear to us.

Northern Natural Gas Company v. Federal Power Commission

399 F.2d 953 · Court of Appeals for the D.C. Circuit · Jun 21, 1968

Its intent is clearly demonstrated by its original application. And the mere size of its present operation would suggest that financing would not hinder its entry. … In issuing the order, the Commission clearly did not intend to put a stamp of approval on the joint venture, for, apart from the fact that the parties anticipated submitting a joint proposal, the Commission had no knowledge

Republic of Venezuela v. Philip Morris Incorporated

287 F.3d 192 · Court of Appeals for the D.C. Circuit · Apr 26, 2002

The court ruled that Guatemala’s claims were not viable because Guatemala could not establish that its alleged injuries, that is, its expenditures for the care and treatment of its citizens, were proximately caused by any … Co., 517 U.S. 706, 711-12 , 116 S.Ct. 1712 , 135 L.Ed.2d 1 (1996) (“remands based on grounds specified in § 1447(c) are immune from review under § 1447(d)”).

Chambers v. Dist. of Columbia

389 F. Supp. 3d 77 · Court of Appeals for the D.C. Circuit · Jul 24, 2019

However, for example, "[a]n employee's decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience. … that "(a) she is a female; (b) she was qualified for [a] transfer; (c) [the] District ... had openings in various units and allowed male employees to transfer to those units; (d) [the] District ... refused to allow [the]

The Business Roundtable v. Securities and Exchange Commission

905 F.2d 406 · Court of Appeals for the D.C. Circuit · Jun 12, 1990

Here we need not reach the issue as Chevron deference does not allow an agency “to alter the clearly expressed intent of Congress.” Board of Governors of the Federal Reserve System v. … News 1975, 323-24 (both Houses intended that “all securities ... be eligible to be qualified for trading in the national market system,” although the SEC may have to establish subsystems “tailored to the characteristics of

Center for Arms Control and Non-Proliferation v. Pray

531 F.3d 836 · Court of Appeals for the D.C. Circuit · Jun 27, 2008

Pursuant to § 3(2) of the FACA, “any committee, board, commission,” etc., qualifies as an “advisory committee” if it was (A) established by statute ..., (B) established or utilized by the President, or (C) established … We need not now fix the outer boundaries of the exemption because the Commission on the Intelligence Capabilities so clearly lies at its center: It was created by the President, who is primarily responsible for intelligence

United States v. Jennifer Juliet Gatling

96 F.3d 1511 · Court of Appeals for the D.C. Circuit · Oct 8, 1996

The regulations established preferences among these need categories and required that subsidies be offered first to applicants in the highest need category. … It is well established that an agreement sufficient to support a conspiracy conviction can be inferred from circumstantial evidence. United States v.

Frederick A. R. Drew v. U. S. Department of the Navy and Merit Systems Protection Board

672 F.2d 197 · Court of Appeals for the D.C. Circuit · Mar 5, 1982

appraisal system under § 4302. 3 Such system had not been established in Drew’s agency. … Moreover, petitioner’s dismissal was clearly not dependent upon the conclusions reached in the course of the alleged prohibited personnel practice.

United States v. Francisco Flores

995 F.3d 214 · Court of Appeals for the D.C. Circuit · Apr 23, 2021

Based on these admissions, the district court did not clearly err when determining the drug quantity attributable to Flores. See United States v. … In resentencing Flores, the district court focused on activity that qualifies as “racketeering activity.”

Southwestern Public Service Co. v. Federal Energy Regulatory Commission

952 F.2d 555 · Court of Appeals for the D.C. Circuit · Jan 14, 1992

At first sight, a substantial reduction in tax rates appears to qualify as a change that would presumptively render the previously filed rates unreasonable. … Id. at 61,123 . 4 The trouble with Southwestern’s argument is that FERC’s language in Public Service Co. of New Mexico was drastically and clearly in error.

United States v. Rayburn House, Rm 2113, Washington, Dc

497 F.3d 654 · Court of Appeals for the D.C. Circuit · Aug 3, 2007

My colleagues qualify Brown & Williamson’s reference to Gravel , noting “it [was] not a Member who [was] subject to criminal proceedings” or process in Gravel . Maj. Op. at 663. … Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. Cf. Fields v.

Daniels v. Hadley Memorial Hospital

566 F.2d 749 · Court of Appeals for the D.C. Circuit · Sep 26, 1977

Johnston was able to establish an I.V. on her first try at 9:42 a. m. and was able to establish a second I.V. as late as 9:45 a. m. The evidence indicates that Dr. … These facts shall be taken as established in the proceedings on remand.

Magloire Etoh v. Fannie Mae

712 F.3d 572 · Court of Appeals for the D.C. Circuit · Apr 5, 2013

Seiler Corp., 66 F.3d 1295, 1305 (2d Cir.1995) (“even a single incident of sexual assault sufficiently alters the conditions of the victim’s employment and clearly creates an abusive work environment for purposes of Title … Quebecor Printing Eagle, Inc., 333 F.3d 906, 909 (8th Cir.2003) (racially hostile graffiti that amounted to death threat qualifies as “severe”); Richardson v. N.Y.

Freedom Watch, Inc. v. Google, Inc.

368 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Mar 14, 2019

As to Apple and Google, the Plaintiffs have met their burden of establishing standing at this initial stage. … These allegations sufficiently establish the Plaintiffs' standing to bring their claims. *37 B. While they have established standing, the Plaintiffs have failed to state viable legal claims.

Joan Eddy, of the Estate of James Peter Eddy v. Colonial Life Insurance Company of America

919 F.2d 747 · Court of Appeals for the D.C. Circuit · Nov 23, 1990

The trial court's finding of fact with regard to Schubert's testimony is clearly erroneous. … We thus set aside the trial court’s finding number 40 as clearly erroneous.

United Steelworkers of America, Afl-Cio, and Local 4203, United Steelworkers of America, Afl-Cio v. National Labor Relations Board

294 F.2d 256 · Court of Appeals for the D.C. Circuit · Aug 10, 1961

Before any work began on the project the Union took the position that under the bargaining agreement the Company was obligated to give preference in the assignment of the new work to qualified members of the bargaining unit … We think the action here taken, in the light of these facts, was clearly within Section 8(b) (4) (A). The Union argues that the Board’s cease and desist order is too broad and must be modified.

Pennsylvania Public Utility Commission v. United States

812 F.2d 8 · Court of Appeals for the D.C. Circuit · Feb 24, 1987

We therefore hold that the ICC did not run afoul of any established court precedents when it held that the service performed by ACI was in interstate commerce. … And regardless of whether these employees are “passengers” for purposes of the airplane journey, they are clearly passengers of the motor carrier, ACI.

United States v. Mitchell, Dennis L.

216 F.3d 1126 · Court of Appeals for the D.C. Circuit · Jun 30, 2000

As a threshold matter, 28 U.S.C. s 2253(c)(1) does not clearly state that district court judges are empowered to issue COAs--it simply says "circuit justice or judge." … Strickland requires that a defendant establish prejudice." Id.