Case law

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.

Gleklen v. Democratic Congressional Campaign Committee, Inc.

199 F.3d 1365 · Court of Appeals for the D.C. Circuit · Jan 11, 2000

Human Rights Act claims, Gleklen made out the requisite prima facie case: she was pregnant, she was qualified, she was fired, she was replaced by a woman who was not pregnant, and her replacement performed Gleklen’s former … She relies on four items of “evidence,” all of which lack substance or otherwise fail to establish a “genuine issue as to any material fact.” Fed. R. Crv.

Vernal Enterprises, Inc. v. Federal Communications Commission

355 F.3d 650 · Court of Appeals for the D.C. Circuit · Jan 27, 2004

The recipient of a pioneer’s preference must still be ‘‘otherwise qualified’’ in order to obtain a license. … It also makes clear that the Commission, in denying petitioners’ refund request, did not depart from its established precedent regarding fee appli- cation refunds.

Trout v. Lehman

702 F.2d 1094 · Court of Appeals for the D.C. Circuit · Mar 11, 1983

In this Circuit, to establish a prima facie case of discriminatory refusal to promote, the plaintiff must show that she belongs to a protected group, that she was qualified for and applied for a promotion, that she was considered … Because they are not “clearly erroneous,” I defer to the district judge’s factual findings which support the legal conclusion that a prima facie case was established.

City of Portland v. Environmental Protection Agency

507 F.3d 706 · Court of Appeals for the D.C. Circuit · Nov 6, 2007

When ingested, it can cause cryptosporidiosis, which generally leads to mild flu-like symptoms, but can be deadly in children, the elderly, and those with weak immune systems (e.g., AIDS patients). … Paragraph 6 contains an undeniable oddity:  8 6(C) says clearly that the power of 6(A) cannot be used to establish a treatment technique for Cryptosporidium, but 6(A) addresses only the establishment

United States v. Hammond

351 F. Supp. 3d 106 · Court of Appeals for the D.C. Circuit · Nov 28, 2018

Yet, each rebuke those circuits cite enforced 28 U.S.C. § 2254 (d)(1)'s limitation of federal relief to cases in which a state court unreasonably applied "clearly established Federal law, as determined by the Supreme Court … Strict enforcement of what has been "clearly established" for § 2254 is necessary to "prevent[ ] defendants-and federal courts-from using federal habeas corpus review as a vehicle to second-guess the reasonable decisions

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

United States v. Jean-Paul Gamarra

940 F.3d 1315 · Court of Appeals for the D.C. Circuit · Oct 4, 2019

The District Court did not clearly err in crediting Dr. Graddy’s opinion. We assume that Gamarra will be returned to FMC Butner and that, as Dr. … We therefore believe Gamarra has presented no basis for concluding that the district court clearly erred in relying on Dr.

Campbell v. Nat'l R.R. Passenger Corp.

311 F. Supp. 3d 281 · Court of Appeals for the D.C. Circuit · Apr 26, 2018

Roth is certainly qualified "by knowledge, skill, experience, training, or education." Fed. R. Evid. 702. Indeed, as Mr. … Feb. 14, 1997) (class not clearly defined because, to ascertain class membership, the court would be required to "answer several fact-intensive questions").

Everport Terminal Services Inc v. NLRB

47 F.4th 782 · Court of Appeals for the D.C. Circuit · Aug 26, 2022

But while the Board ordinarily seeks to keep intact long-established bargaining units, its precedents require it to ensure that any established unit “remains appropriate for the successor employer.” … The Longshore Contract clearly covers mechanics unless a relevant exception applies.

Wadeco, Inc. v. Federal Communications Commission, Belo Broadcasting Corporation, Intervenor

628 F.2d 122 · Court of Appeals for the D.C. Circuit · Sep 13, 1980

Because the misconduct established by this record is not worthy of such description, I believe that the disqualification sanction was arbitrarily imposed. … Belo was an established communications power in Texas and qualifying for that contest became a considerable task. The central difficulty for WADECO was in obtaining a financial commitment acceptable to the Commission.

United States v. Philip Morris USA Inc.

396 F.3d 1190 · Court of Appeals for the D.C. Circuit · Feb 4, 2005

Subject to the bankruptcy laws, nothing in the logic of the crime-enablement theory clearly calls for stopping at confiscation of the shareholders’ interests; why not the bondholders’ as well? … The dissent’s use of the government’s experts is part of its effort (in its qualified endorsement of the government’s fallback position) to transform an issue of statutory interpretation into one of fact.

International Longshoremen's Association, Afl-Cio and Council of North Atlantic Shipping Associations v. National Labor Relations Board, International Longshoremen's Association, Afl-Cio and Council of North Atlanticshipping Associations v. National Labor Relations Board, Houff Transfer, Inc., Intervenor. International Longshoremen's Association, Afl-Cio and New York Shippingassociation, Inc. v. National Labor Relations Board

613 F.2d 890 · Court of Appeals for the D.C. Circuit · Jan 21, 1980

The cargo being warehoused (a) in the normal course of the business of the qualified consignee; (b) title to such goods has not been transferred from the qualified consignee to another. 136 The carrier on request will furnish … It shall be the obligation of employer-members to clearly mark each container's documentation as to whether or not it is a Rule 1 container, which shall be loaded or discharged.

ITServe Alliance, Inc. v. DHS

71 F.4th 1028 · Court of Appeals for the D.C. Circuit · Jun 27, 2023

That is enough to establish an imminent injury for purposes of Article III. … Viewed through that lens, Simeio was clearly retroactive.

SNR Wireless LicenseCo, LLC v. Federal Communications Commission

868 F.3d 1021 · Court of Appeals for the D.C. Circuit · Aug 29, 2017

First, before the auction, a small business seeking to qualify for credits had to file a “streamlined, short-form application.” Id. … It was not clearly foreordained that Denali would sell its business to Cricket.

Trans-Pacific Freight Conference of Japan/korea v. Federal Maritime Commission and United States of America, Latin America/pacific Coast Steamship Conference, Australia/eastern U. S. A. Shipping Conference, Gulf-Mediterranean Ports Conference, Gulf European Freight Assoc., Continental-Us Gulf Freight, United Kingdom/usa, Intervenors. Sea-Land Service, Inc. v. Federal Maritime Commission and United States of America, Gulf European Freight Association, United Kingdom/usa, Intervenors

650 F.2d 1235 · Court of Appeals for the D.C. Circuit · Sep 11, 1980

The Act immunized the conferences' anticompetitive agreements from the antitrust laws for the purpose of securing more stable and uniform rates and, particularly important from the United States' viewpoint as the twentieth … Rule 528.5 establishes elaborate reporting requirements. 84 Thus the challenged rules prescribe the self-policing provisions for all future conference agreements.

Alfred U. McKenzie Individually and on Behalf of All Others Similarly Situated v. Danford L. Sawyer, Jr., Individually and as Public Printer of the United States and His Agents, Assigns and Successors in Office, Alfred U. McKenzie Individually and on Behalf of All Others Similarly Situated v. Danford L. Sawyer, Jr., Individually and as Public Printer of the United States and His Agents, Assigns and Successors in Office Washington Printing and Graphic Communications Union No. 1, International Printing and Graphic Communications Union of North America, Afl-Cio, Alfred U. McKenzie Individually and on Behalf of All Others Similarly Situated v. Danford L. Sawyer, Jr., Individually and as Public Printer of the United States and His Agents, Assigns and Successors in Office Washington Printing and Graphic Communications Union No. 1, International Printing and Graphic Communications Union of North America, Afl-Cio

684 F.2d 62 · Court of Appeals for the D.C. Circuit · Jul 27, 1982

Of black applicants for the program in 1971, one was ranked best qualified and four were ranked qualified; six whites were ranked best qualified, one better qualified, and five qualified. … Comparable figures for 1973 were five blacks ranked qualified, two whites ranked best qualified, four whites ranked better qualified, and three whites ranked qualified.

Public Employees for Environmental Responsibility v. Lee Zeldin

Court of Appeals for the D.C. Circuit · May 1, 2026

‘limited waiver of the federal government’s sovereign immunity.’” Id. at *6 (quoting Physicians Comm. for Responsible Med. v. Horinko, 285 F. Supp. 2d 430, 441 (S.D.N.Y. 2003)). … We have also rejected claims of associational standing where it was “unclear” whether the organization was “the sort of organization that would qualify as a ‘membership association’ for purposes of our standing analysis.”

Arent v. Shalala

70 F.3d 610 · Court of Appeals for the D.C. Circuit · Nov 14, 1995

The District Court granted appellee’s 1 motion to dismiss, finding that the determinations embodied in the FDA’s regulations, although not immune from judicial review under the Administrative Procedure Act (“APA”), represent … And the District Court clearly interpreted appellants’ arguments as implicating arbitrary and capricious review.

United States v. James B. Borum

584 F.2d 424 · Court of Appeals for the D.C. Circuit · Oct 20, 1978

in the context of repeated solicitations by law enforcement agents. 9 The government argues that since there was undisputed predisposition to fence stolen merchandise, the defendant could not claim immunity from prosecution … The case at bar is clearly different from United States v. Virciglio, 441 F.2d 1295 (5th Cir. 1971) , which followed DeVore .