Case law

Southern Railway Company v. Interstate Commerce Commission

553 F.2d 1345 · Court of Appeals for the D.C. Circuit · Mar 17, 1977

“The primary object to be accomplished was to establish a uniform system of accounting and bookkeeping, and to have an inspection thereof.” 2 Id. … The Fourth Amendment foundation for this remark, if such there was, has clearly been eroded by subsequent Supreme Court decisions. See, e. g., United States v.

Sonia 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 decisions by the Supreme Court … 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

French v. Association for Works of Mercy

39 App. D.C. 406 · Court of Appeals for the D.C. Circuit · Dec 30, 1912

Two real estate men testified that, in their opinion, there had been a depreciation in value of appellant’s property *409 by reason of the establishment and maintenance of the appelleeinstitution in the vicinity. … The qualifying clause in the 1st and 4th sections, to the effect that the act shall apply to any private hospital or asylum, either for the reception of human beings or of domestic animals, clearly indicates this.

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. William Brock, Secretary of Labor International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. William Brock, Secretary of Labor

783 F.2d 237 · Court of Appeals for the D.C. Circuit · Feb 11, 1986

Chaney, --- U.S. ----, 105 S.Ct. 1649 , 84 L.Ed.2d 714 (1985), clearly controls. … A decision in the Union's favor would thus clearly go a long way toward redressing the Union's injury.

John Doe v. SEC (PUBLIC REISSUED OPINION)

Court of Appeals for the D.C. Circuit · Sep 9, 2026

Under the proper reading of the statute espoused by the Commission, Doe did not qualify for a whistleblower award. … Our colleague errs in arguing that Doe is eligible for an award based on information that he gave to a journalist: The statute clearly states that only information that he “provided . . . to the Commission” can qualify him

Irons and Sears v. C. Marshall Dann

606 F.2d 1215 · Court of Appeals for the D.C. Circuit · Aug 31, 1979

), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular … In sum, we are simply not faced' today with the kind of blanket authorization to keep secret which was at issue in Robertson, supra, and which under the Government in the Sunshine Act is clearly to yield to the FOIA’s disclosure

Railway Labor Executives' Association v. National Mediation Board

988 F.2d 133 · Court of Appeals for the D.C. Circuit · Jul 23, 1993

The Board 4 responds, first, that its Section 2, Ninth reading is immune from judicial review. … Board inaction, but not Board action, the NMB urged, could qualify for judicial review.

Dunaway v. International Brotherhood of Teamsters

310 F.3d 758 · Court of Appeals for the D.C. Circuit · Nov 15, 2002

The McDonnell Douglas framework establishes an order for the presentation of proof in discriminatory-treatment cases. First, the plaintiff must establish a prima facie case of discrimination. … Likewise, she failed to offer any evidence that the confidentiality agreement or the anti-discrimination policy included language clearly showing that the Teamsters intended it to confer contractual rights regarding employment

Western Air Lines, Inc. v. Civil Aeronautics Board

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.” .

Robert L. Ackerly v. Herbert L. Ley, Jr

420 F.2d 1336 · Court of Appeals for the D.C. Circuit · Dec 19, 1969

In the Federal Establishment, as in General Motors or any other hierarchical giant, there are enough incentives as it is for playing it safe and listing with the wind; Congress clearly did not propose to add to them .the … Exemption (6) of the Act covers “ * * * medical files * * * the disclosure of which would constitute a clearly unwarranted invasion of per *1340 sonal privacy.”

City Stores Company v. Lerner Shops of District of Columbia, Inc.

410 F.2d 1010 · Court of Appeals for the D.C. Circuit · Mar 6, 1969

upholding the use of the loan receipt where the liability of the insurer is absolute base their holdings upon the Luckenbach case, without any process of reasoning of their own to justify their expansion of its ruling. 4 This clearly … The appellees say, “The use of the loan receipt method of settling losses between an insurance company and its insured is well established.”

Endeavor Partners Fund, LLC v. Cmsnr. IRS

943 F.3d 464 · Court of Appeals for the D.C. Circuit · Nov 26, 2019

Looking beyond this case, we note that Congress established its own test in a 2010 amendment to the Internal Revenue Code, see 26 U.S.C. § 7701(o); Health Care and Education Reconciliation Act of 2010, Pub. L. … Cir. 1988) (“[N]o automatic inference of exclusive government control arises from the fact that witnesses are acting as government informants, or from a grant of immunity from prosecution.”

Rieser v. District of Columbia

580 F.2d 647 · Court of Appeals for the D.C. Circuit · May 4, 1978

total number of judges necessary to staff the District of Columbia Superior Court and Court of Appeals once fully constituted, and the construction of facilities capable of housing them, as well as the appointment of highly qualified … Tashire, 386 U.S. 523, 530-31 , 87 S.Ct. 1199 , 18 L.Ed.2d 270 (1967), and municipal immunity from civil rights suits under 28 U.S.C. § 1343 (3) (1970), see Monroe v.

William Hohri v. United States

793 F.2d 304 · Court of Appeals for the D.C. Circuit · May 30, 1986

The court did this, moreover, in a case in which it clearly had no jurisdiction. Both errors warrant reconsideration by the full court. … The dissenters also maintain that, although Korematsu and Hirabayashi may have established the military necessity of confining the Japanese-Americans to internment camps, those cases did not establish the military necessity

United States v. American Telephone and Telegraph Company Appeal of John E. Moss, Member, United States House of Representatives

551 F.2d 384 · Court of Appeals for the D.C. Circuit · Dec 30, 1976

The interest asserted by the executive here, protection of our intelligence operations, is clearly an important one. … It may be, however, that the Eastland immunity is not absolute in the context of a conflicting constitutional interest asserted by a coordinate branch of the government.

Barnes v. Paanakker

111 F.2d 193 · Court of Appeals for the D.C. Circuit · Mar 11, 1940

Since “extraordinary cause” must be established to the “satisfaction of the court” a broad measure of discretion is vested in *196 the District Court, and its decision on this issue may be disturbed only on a showing that … In the instant proceedings the District Court failed to provide, by rule or 'otherwise, for examination of these adoptees and appointment of a qualified person to represent them.

James R. Walker v. United States of America, Ethel E. Woody v. United States

327 F.2d 597 · Court of Appeals for the D.C. Circuit · Jan 28, 1964

United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.Ed. 2d 697 (1960). 3 We believe that, on this; record, these qualifying conditions have, amply been met. *599 Two informants are represented in the affidavit as having told … Had the paper bag been on a table or on the floor in the apartment, it would clearly have been within the ambit of the warrant. We do not think it was less so here because it was in appellant Woody’s hands.

Ryan v. Dist. of Columbia

306 F. Supp. 3d 334 · Court of Appeals for the D.C. Circuit · Mar 2, 2018

necessary in order for the head of an agency to qualify as a final policymaker for purposes of municipal liability. … Code broadly delegates to the Mayor, which is the kind of authority that is necessary for a municipal employee to qualify as a final policymaker. See Banks v.

Wheeler v. United States

211 F.2d 19 · Court of Appeals for the D.C. Circuit · Jun 7, 1954

As indicated above, we think Novak is clearly distinguishable. … Stone were qualified to testify as expert witnesses. . 1947, 82 U.S.App.D.C. 95 , 160 F.2d 588 . . 28 U.S.C. § 1732 (a) (Supp.1952).

Tobriner v. White

19 App. D.C. 163 · Court of Appeals for the D.C. Circuit · Dec 4, 1902

S. 332 , has clearly stated the distinction. … That can not be qualified or varied from its natural import, but must speak for itself. The rule does not forbid an inquiry into the object of the parties in executing and receiving the instrument.