Case law

Mark A. Allen v. Central Intelligence Agency

636 F.2d 1287 · Court of Appeals for the D.C. Circuit · Nov 12, 1980

Before the court orders in camera inspection, the Government should be given the opportunity to establish by means of testimony or detailed affidavits that the documents are clearly exempt from disclosure. … For example, the Agency may have voluntarily released only those portions that were most clearly nonexempt, while continuing to withhold those portions that were not clearly nonexempt. 34 .

Djenasevic v. Exec. Office of U.S. Attorneys

319 F. Supp. 3d 474 · Court of Appeals for the D.C. Circuit · Aug 14, 2018

If privacy interests are identified, the burden shifts to the FOIA requestor to "establish a sufficient reason for the disclosure. … Confidentiality can be established expressly or impliedly.

Johnson v. Federal Communications Commission

829 F.2d 157 · Court of Appeals for the D.C. Circuit · Sep 22, 1987

The Commission and intervenors, on the other hand, assert first that there exists insufficient governmental action to establish the predicate for a constitutional violation, 10 and second; that deci *375 sions by the Supreme … FCC, 40 the Supreme Court, while emphasizing that “it is the right of the viewers and listeners, not the right of the broadcasters, which is paramount,” 41 also reiterated that “broadcasting is clearly a medium affected by

United States v. John Peter McGoff

831 F.2d 1071 · Court of Appeals for the D.C. Circuit · Oct 13, 1987

No specific provision of FARA expressly establishes when the statute of limitations period begins to run. … I do not like the idea of a legal situation in which a foreign agent, if he can successfully [flout] the law for some unnamed period of time, may thereafter be forever immune to prosecution.

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.

Stolt-Nielsen Transportation Group Ltd. v. United States

534 F.3d 728 · Court of Appeals for the D.C. Circuit · Jul 25, 2008

To qualify as exempt under this section, a document must meet two conditions: “its source must be a Government agency, and it must fall within the ambit of a privilege against discovery under judicial standards that would … As that exemption protects only “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,” and as there is nothing in the amnesty agreements

Western Fuels-Utah, Inc v. Lujan

895 F.2d 780 · Court of Appeals for the D.C. Circuit · Feb 9, 1990

The failure of Congress to impose the 12.5% royalty on leases for which readjustment had been waived does not establish any intent as to what the Secretary must do when he actually readjusted a lease; at most it suggests … We conclude without difficulty that the Act does not clearly address the question of precisely when the Secretary must perform a lease readjustment.

Lott v. Not-For-Profit Hosp. Corp.

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

As Crawford makes clear, "full-throated opposition" is not required to qualify for protection under Title VII's-and, by extension, the FMLA's-anti-retaliation provision. … Council clearly knew how to use words of exclusion-after all, it removed its own employees from the statute's purview-yet it did not do the same for NFPHC, either in the DCWPA itself or in the NFPHC's organic statute.

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.

Pavement Coatings Technology v. United States Geological Survey

995 F.3d 1014 · Court of Appeals for the D.C. Circuit · May 7, 2021

To qualify for withholding, information must be both pre-decisional and deliberative. Petroleum Info. Corp., 976 F.2d at 1434. With respect to the urban lakes study, USGS stumbles at both hurdles. … The absence of evidence establishing that the requested model runs are protected from disclosure amounts to the agency’s failure to establish that it is entitled to judgment as a matter of law. See FED. R. CIV.

Transamerican Trailer Transport, Inc. v. Federal Maritime Commission

492 F.2d 617 · Court of Appeals for the D.C. Circuit · Jan 28, 1974

They participated in the proceedings before the Commission, and clearly have standing to seek review in this court. … Once approved, Section 15 immunizes the parties from antitrust liability. 46 U.S.C. § 814 . See generally Volkswagen, supra, at 271, 88 S.Ct. 929 ; American Union Transport v.

In Re: England

Court of Appeals for the D.C. Circuit · Jul 27, 2004

If board members knew that candidates passed over for promotion could gain access to board proceedings, that would clearly inhibit frank assessment of candidates’ relative strengths and weaknesses. … As Secretary England explained: [D]etermining which officers are best qualified for pro- motion from a pool of many fully qualified candidates involves inherently difficult and subjective evaluations.

Sandstone Resources, Inc. v. Federal Energy Regulatory Commission, Columbia Gas Transmission Corporation, Intervenor

973 F.2d 956 · Court of Appeals for the D.C. Circuit · Sep 8, 1992

Because the agency’s interpretation of its regulation is neither contrary to precedent nor clearly erroneous, we deny the petition. L. Baokground A. … Clearly, the costs of such equipment to remove the brine are “production costs” because without the equipment the well would not produce any gas.

United States v. Clifford Bailey, United States of America v. Ronald Clifton Cooley, United States of America v. Ralph Walker

675 F.2d 1292 · Court of Appeals for the D.C. Circuit · Apr 23, 1982

But such contentions clearly require strong support from the record, as we noted above, and the record in Cooley’s case manifestly does not provide that support. … I feel that I’m qualified to do so as I have studied law at Leavenworth for three years.

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 .

Shirley P. Langevine v. District of Columbia

40 F.3d 474 · Court of Appeals for the D.C. Circuit · Oct 24, 1994

Bryant, 112 S.Ct. 534, 537 (1991) (for immunity from Sec. 1983 suit, officer must establish that, in light of clearly established law, it was objectively reasonable to believe that arrest was lawful); Etheredge v. … District of Columbia, 635 A.2d 908, 918 (for immunity from common law false imprisonment and false arrest suit officer must establish both objectively reasonable and good faith belief that arrest was lawful).

Ingersoll-Rand Company v. United States

780 F.2d 74 · Court of Appeals for the D.C. Circuit · Dec 31, 1985

. § 1491 (a)(3) (1982) 3 establishes the Claims Court as the sole forum for the exercise of jurisdiction in such cases. … In these circumstances, we must implement the congressional intent to provide a single, uniquely qualified forum for the resolution of contractual disputes. See Prefab Products v. U.S.

United States v. Hillie

289 F. Supp. 3d 188 · Court of Appeals for the D.C. Circuit · Jan 29, 2018

It is well established that an image need not depict an actual sex act in order to constitute lascivious activity. In United States v. … This factor is clearly satisfied as to each of the charged videos, which show Hillie carefully placing and positioning the camera in hidden locations in J.A.A.'

Echostar Satellite L.L.C. v. Federal Communications Commission

457 F.3d 31 · Court of Appeals for the D.C. Circuit · Jul 25, 2006

Red. 9964, ¶ 13. *391 We think “the intent of Congress is clear,” Chevron, 467 U.S. at 842 , 104 S.Ct. 2778 , and the Commission’s reading of the statute clearly correct. … In the present case the clearly expressed preference of the Congress is for a reliable model and, as we have seen, acceptance of EchoStar’s proposed clutter loss values would have derogated from that goal.

Western Air Lines, Inc. v. Civil Aeronautics Board, United Air Lines, Inc., City of Kansas City, Missouri, Continental Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors. The City of San Diego, San Diego Unified Port District, and San Diego Chamber of Commerce v. Civil Aeronautics Board, United Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors

351 F.2d 778 · Court of Appeals for the D.C. Circuit · Jun 3, 1965

It deals clearly with certification of the interstate air transportation which lies within the jurisdiction of the Board. … Apparently unchallenged before the Board, the minutes of June 28, 1963, disclose that Vice Chairman Murphy 'had familiarized himself with the record and was qualified and prepared to vote on the issues in the case.' 5 See