Case law

Dolcin Corp. v. Federal Trade Commission

219 F.2d 742 · Court of Appeals for the D.C. Circuit · Apr 4, 1955

The record before us does not establish the claimed unfairness. … The evidence is clearly material.

Mcgregor Printing Corporation v. Ira Kemp

20 F.3d 1188 · Court of Appeals for the D.C. Circuit · Apr 19, 1994

The Committee is responsible for establishing and publishing in the Federal Register a list of commodities and services provided by "qualified nonprofit agencies" for the blind and other severely handicapped individuals which … sort of reasoning and this interpretation of the Act and the regulations. 44 Since we cannot rely upon appellate counsel's interpretation of the Act to uphold the Committee's decision, and because the reasons the Committee clearly

Michael Muir v. DHS

Court of Appeals for the D.C. Circuit · Jul 25, 2025

Soon afterward, Congress established TSA, see Aviation and Transportation Security Act, Pub. L. … Cir. 2009) (observing that the futility exception to exhaustion is “limited to situations ‘when resort to administrative remedies [would be] “clearly useless.”’”) (citation omitted).

Teva Pharmaceutical Industries Ltd. v. Crawford

410 F.3d 51 · Court of Appeals for the D.C. Circuit · Jun 3, 2005

Pfizer’s so- called “brand-generic” or “authorized-generic” gabapentin qualifies for “generic substitution” under state laws and third- party purchasing plans, such as HMO formularies, and thus has competed directly with … Further, as the FDA explained in its decision letter, other provisions of the Act “establish[] numerous express grounds for refusal to approve [a NDA], and ... grounds for compelling the withdrawal of previously approved

Texas Rural Legal Aid, Inc. v. Legal Services Corporation

940 F.2d 685 · Court of Appeals for the D.C. Circuit · Aug 2, 1991

LSC is authorized, among other things, to “provide financial assistance to qualified programs,” LSCA § 1006(a)(1)(A), 42 U.S.C. § 2996e(a)(l)(A), to “make ... grants and contracts as are necessary to carry out the purposes … First, the language of the provision simply does not clearly support either ap-pellees’ or LSC’s interpretation.

Alliance for Community Media v. Federal Communications Commission

10 F.3d 812 · Court of Appeals for the D.C. Circuit · Nov 23, 1993

Finally, it removes cable operators’ immunity from liability for access programming insofar as it “involves obscene material.” … We start with the proposition that a state’s general regulation of a private industry is insufficient in itself to establish state action.

Richard L. Bast v. U. S. Department of Justice. Richard L. Bast v. Federal Bureau of Investigation

665 F.2d 1251 · Court of Appeals for the D.C. Circuit · Sep 10, 1981

One withheld portion of document twelve qualifies for no exemption and must be disclosed. The judgment of the district court is affirmed in part and reversed in part. I. … It is well established, how *1255 ever, that government officials do not surrender all rights to personal privacy when they accept a public appointment. See Lesar v. Department of Justice, 204 U.S.App.

Lane v. Dist. of Columbia

887 F.3d 480 · Court of Appeals for the D.C. Circuit · Apr 13, 2018

Even if the evidence would have been probative, Lane cannot credibly contend that she was qualified to testify about a medical diagnosis. … Lane argues that the video evidence clearly shows that Briscoe was not carrying a gun.

Brotherhood of Locomotive Firemen and Enginemen v. National Mediation Board, National Mediation Board v. Brotherhood of Locomotive Engineers

410 F.2d 1025 · Court of Appeals for the D.C. Circuit · Apr 29, 1969

At that point Congress determined to settle the dispute by compulsory arbitration; Board 282 was established, with power to bind the parties to its resolution of the disputed issues for a two-year period. … Yet the injection of a separate apprentice program for the training of engineers would clearly reduce the individual fireman’s chances of reaching that goal.

Crowley v. Perdue

318 F. Supp. 3d 277 · Court of Appeals for the D.C. Circuit · Jul 27, 2018

Nor do Plaintiff's protestations to the proffered reasons for the PIP establish pretext. … Keegan's report does not clearly state what evidence he actually reviewed to form his opinions.

Hammon v. Barry

813 F.2d 412 · Court of Appeals for the D.C. Circuit · Feb 27, 1987

These numbers clearly indicate that the Fire Department is not engaged in hiring practices that discriminate against blacks. … qualified for that position")', Metrocare v.

American Mining Congress v. Mine Safety & Health Administration

995 F.2d 1106 · Court of Appeals for the D.C. Circuit · Jun 15, 1993

Then, in a rule issued without notice and comment, it established some such conditions. … agency disregard of significant policy arguments will clearly count against it.

Jeffers v. United States

187 F.2d 498 · Court of Appeals for the D.C. Circuit · Mar 26, 1951

Its-wrongs are not his Wrongs; its immunity is not his immunity.” 6 In Connolly v. Medalie 7 a brewery was searched without a warrant, and property found thereon was seized. Employees werearrested. … They are clearly, in my opinion, within the police power of summary seizure. It is true that if the opinion in Trupiano v.

Campaign Legal Center v. DOJ

34 F.4th 14 · Court of Appeals for the D.C. Circuit · May 17, 2022

(internal quotation marks omitted) 3 Exemption 6 protects “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy[.]” 5 U.S.C … Documents qualify as deliberative if “they were prepared to help the agency formulate its position.” Fish & Wildlife Serv., 141 S. Ct. at 786.

Ethnic Employees of the Library of Congress v. Boorstin

751 F.2d 1405 · Court of Appeals for the D.C. Circuit · Jan 11, 1985

Allowing federal employees to recast their Title VII claims as constitutional claims would clearly threaten those same policies. … That court qualified this statement in Pollard v.

Massaquoi v. Dist. of Columbia

285 F. Supp. 3d 82 · Court of Appeals for the D.C. Circuit · Jan 3, 2018

likely to qualify for such a causal inference." … Cir. 2007) ("If temporal proximity sufficed to rebut a legitimate proffer, then protected activities would effectively grant *91 employees a period of immunity, during which no act, however egregious, would support summary

Robert P. Smith v. James R. Schlesinger, Secretary of Defense

513 F.2d 462 · Court of Appeals for the D.C. Circuit · May 15, 1975

Use of behavioral science knowledge to ascertain those not qualified for government service thus raises issues of extremely wide impact. … When a law-and-order fever sweeps the country as a political issue, for example, there is no way to confer immunity on psychiatrists.

Labow v. United States Department of Justice

831 F.3d 523 · Court of Appeals for the D.C. Circuit · Aug 5, 2016

Because the Pen Register Act is a qualifying statute under Exemption 3, we next ask whether that statute authorized withholding the particular information at issue in this case. … The government’s declaration only offers the conclusory statement that “[a]ny disclosure of this information would clearly violate the secrecy of the grand jury proceedings and could reveal the inner workings of a federal

Harold S. Cross v. United States of America, John L. Jackson v. United States

335 F.2d 987 · Court of Appeals for the D.C. Circuit · Mar 26, 1964

Prejudice may develop when an accused wishes to testify on one but not the other of two joined offenses which are clearly distinct in time, place and evidence. … But, like Cross, he had no opportunity below to establish his claim. 13 We cannot say that it is meritless.

Coward v. ADT Security Systems, Inc.

140 F.3d 271 · Court of Appeals for the D.C. Circuit · Apr 10, 1998

Qualifying this rule, the Court added that “[tjhere may, of course, be some regressions so incomplete as to be inadmissible as irrelevant.” Id. at 400 n. 10, 106 S.Ct. at 3009 n. 10. … undermine a regression analysis simply by pointing to variables not taken into account that might conceivably have pulled the analysis’s [sic] sting ...[,] Bazemore [does not] require acceptance of regressions from which clearly