Case law

John W. Johnson, Jr. v. Office of Thrift Supervision, United States Department of the Treasury

81 F.3d 195 · Court of Appeals for the D.C. Circuit · Apr 12, 1996

If anything, the record clearly supports petitioners, not the Acting Director, on the first factor at issue. … Clearly, the fact that an act results in an “actual loss” does not, by itself, establish that the act posed an abnormal risk to the financial stability or integrity of the institution.

United States v. McLaughlin, Rico

164 F.3d 1 · Court of Appeals for the D.C. Circuit · Dec 18, 1998

, it does not immunize him from limited nondiscussion orders. … As our colleague further recognizes, the undertaking of redirect establishes the right of the prosecution to re-cross.

Robert I. Silverman v. Marion Barry, Mayor of the District of Columbia

727 F.2d 1121 · Court of Appeals for the D.C. Circuit · Mar 19, 1984

The district court ruled that appellants failed to establish jurisdiction under 28 U.S.C. §§ 1331 or 1343. … The statute defines in precise quantitative terms those apartments which could qualify for a “high rent” certificate and subsequent conversion.

Commissioner of Internal Revenue v. Eldon E. Wolfe and Sara A. Wolfe

361 F.2d 62 · Court of Appeals for the D.C. Circuit · Apr 22, 1966

The salient features of this case are certainly sufficient, though we do not say they are all necessary, to establish that taxpayer’s salary should be viewed as “amounts paid by the United States or an agency thereof.” … Taxpayer Wolfe’s position clearly falls within the scope of the legislative purpose of the exception. He was a Government employee, and he was not subject to income tax by Iran.

USPS v. PRC

Court of Appeals for the D.C. Circuit · May 27, 2011

The Commission concluded, however, that the rate request, as submitted, did not otherwise qualify for section 201(d)(1)(E)’s narrow exception to the statutory rate cap. … “The words do not speak clearly and unambiguously for themselves.

USPS v. PRC

Court of Appeals for the D.C. Circuit · May 24, 2011

The Commission concluded, however, that the rate request, as submitted, did not otherwise qualify for section 201(d)(1)(E)’s narrow exception to the statutory rate cap. … “The words do not speak clearly and unambiguously for themselves.

United States v. Gerald Smith

104 F.4th 314 · Court of Appeals for the D.C. Circuit · Jun 14, 2024

Cir. 2010) (“We must presume that criminal statutes and regulations contain a mens rea element unless otherwise clearly intimated in the language or legislative history.”) (brackets omitted) (quoting United States v. … Smith argues that his CCE-murder convictions also qualify as covered offenses eligible for resentencing under the First Step Act. Not so.

Catholic Health Initiatives Iowa Corp. v. Sebelius

718 F.3d 914 · Court of Appeals for the D.C. Circuit · Jun 11, 2013

I The federal Medicare program provides health insurance for the elderly and disabled and reimburses qualifying hospitals for services provided to eligible patients. … But the dispute in this case turns on whether to include dual-eligible exhausted days in the Medicaid fraction, so Edgewater clearly established the relevant rule prior to the 2004 rulemaking.

R. David Finzer, Father v. Marion S. Barry, Jr., Mayor, District of Columbia

798 F.2d 1450 · Court of Appeals for the D.C. Circuit · Sep 9, 1986

Shaughnessy, 342 U.S. 580, 588-89 , 72 S.Ct 512, 518-19 , 96 L.Ed. 586 (1952), as “largely immune from judicial control.” Fiallo v. … Under the most recent Supreme Court precedent, § 22-1115 may not in fact qualify as a content-based statute. In City of Renton v.

Petit v. United States Department of Education

675 F.3d 769 · Court of Appeals for the D.C. Circuit · Apr 13, 2012

After the 2004 amendments, mapping could unambiguously qualify as a related service but not as an assistive technology service. … In Tatro , the Court held that clean intermittent catheterization — which clearly qualified as a related service — was not excluded as a “medical service,” noting that it could be provided by nurses, rather than by licensed

Bess Kennedy v. William H. Whitehurst, Acting Director, Department of Human Services

690 F.2d 951 · Court of Appeals for the D.C. Circuit · Sep 17, 1982

This admonition is buttressed by the doctrine of sovereign immunity where attorneys’ fees are sought against the federal government; we have held that a waiver of that immunity with regard to an award of attorneys’ fees must … While this may well be true, it is not our province to rewrite the scheme of remedies adopted by the Congress in enacting the ADEA to establish a more perfect system to combat age discrimination.

United States v. Federal Maritime Commission

694 F.2d 793 · Court of Appeals for the D.C. Circuit · Nov 22, 1982

Unhindered by the obstacle of Shipping Act immunity, the Department would attack the Agreement and prevent the ocean carriers from collectively establishing a single overall rate for intermodal traffic. … Such tariffs shall include the names of all participating common carriers, the established through route, a description of the service to be performed by each participating common carrier, and clearly indicate the division

Community for Creative Non-Violence v. James Earl Reid

846 F.2d 1485 · Court of Appeals for the D.C. Circuit · May 31, 1988

The facts thus far found by the district court, however, indicate that “Third World America” may indeed qualify as a joint work. … We now state why the record before us does not establish that contention.

Rinat Akhmetshin v. William Browder

Court of Appeals for the D.C. Circuit · Apr 13, 2021

The record clearly establishes that Browder’s visits after 2012 continued to be aimed at influencing federal government policy. See supra, at 3-4. … That rule does not permit a foreigner to engage in limitless contacts with the District immune from jurisdiction.

United States v. Roland Addison, United States of America v. Albert Henry Raymond

498 F.2d 741 · Court of Appeals for the D.C. Circuit · Jun 6, 1974

This is not to say, however, that the Frye standard exacts an unwarranted cost. 5 The require *744 ment of general acceptance in the scientific community assures that those most qualified to assess the general validity of … At the time, the Sergeant was stopped at the intersection, and he was able to see both individuals clearly.

Akins v. Islamic Republic of Iran

332 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Sep 10, 2018

Thus, the second element is firmly established. … Galletto clearly felt that impact.

United States v. Dawayne Brown

892 F.3d 385 · Court of Appeals for the D.C. Circuit · Jun 15, 2018

Possession "of a key" may be "sufficient to establish constructive possession." United States v. Dingle , 114 F.3d 307 , 311 (D.C. Cir. 1997). … See Brown , 808 F.3d at 874 (holding that the in-court and written statements "both are clearly insufficient and independently amount to plain error"); see also 18 U.S.C. § 3742 (f) ("If the court of appeals determines that

State of Oklahoma v. Richard S. Schweiker

655 F.2d 401 · Court of Appeals for the D.C. Circuit · Jun 18, 1981

Titles I and X established grant programs enabling the states to assist, respectively, the,aged and the blind. … In fact, in Massachusetts a user charge imposed on the states was challenged on the ground that states are immune from federal taxes; the plurality mentioned the spending power only by way of analogy.

Green Miller, Jr. v. Lester Poretsky

595 F.2d 780 · Court of Appeals for the D.C. Circuit · Dec 28, 1978

have been sufficient, though possibly not essential, 10 to establish a violation of the Act. … The probative value of other-acts evidence in nonclass discrimination suits is satisfactorily established.

Mid-Nebraska Bancshares, Inc. v. Board of Governors of the Federal Reserve System

627 F.2d 266 · Court of Appeals for the D.C. Circuit · Mar 6, 1980

A regulatory scheme that restricts entry heightens the impact of the combination, for the difficulty of starting another bank effectively immunizes Stine’s operations from new competition. … Phillips-burg National Bank, 399 U.S. at 372 , 90 S.Ct. at 893 . *272 On the record in this case, Bancshares has not established that the application met this standard.