Case law

National Air Carrier Association v. Civil Aeronautics Board

436 F.2d 185 · Court of Appeals for the D.C. Circuit · May 28, 1970

This principle has been an established aspect of the Board's regulatory policy since the Local Cartage Agreement Case, 15 C.A.B. 850, 853 (1952). … Clearly the "just and reasonable" criteria are fundamental ingredients in the process of evaluating what is or is not adverse to the public interest. Section 102 so provides. (Initial Decision at 22.)

American Federation of Government Employees, Afl-Cio, Local 3090 v. Federal Labor Relations Authority

777 F.2d 751 · Court of Appeals for the D.C. Circuit · Nov 22, 1985

But the statute clearly cannot be read to provide that the FLRA is prohibited from considering arbitral awards to be final and binding. … The FLRA’s decision in this case does not qualify as reasoned decisionmaking.

James W. McCord Jr. v. F. Lee Bailey

636 F.2d 606 · Court of Appeals for the D.C. Circuit · Oct 15, 1980

Clearly McCord must show that he had some objective basis to believe the Watergate operation enjoyed official sanction. Such a showing is unimaginable. … McCord has failed to indicate how he could successfully establish injury, an essential element of his claim, and the defendants were entitled to judgment as a matter of law on this issue.

South Carolina Public Service Authority v. Federal Energy Regulatory Commission

762 F.3d 41 · Court of Appeals for the D.C. Circuit · Aug 15, 2014

Although qualified statements, like economic models, “do not always have the reassuring concreteness of empirical observations,” Am. Pub. … The Commission did not need to promise total immunity from any conceivable reliability-related risks to make its decision rational.  64 2.

Eugene E. Turberville v. United States of America, Bernard T. Williams v. United States of America, James H. Simpson v. United States

303 F.2d 411 · Court of Appeals for the D.C. Circuit · Jun 25, 1962

United States, 18 there are many well-established exceptions to this rule. … The court excuses “for cause” such persons as it deems not qualified to render impartial judgment in the case.

Richard Figueroa v. Michael Pompeo

Court of Appeals for the D.C. Circuit · May 10, 2019

At the first stage, the employee must establish a prima facie case. Wheeler, 812 F.3d at 1113-14. … We noted that, if the employer clearly presents a nondiscriminatory reason, the District Court’s analysis of the prima facie factors at summary judgment becomes gratuitous, even confusing. Id.

Lutkewitte, Janet v. Gonzales, Alberto

436 F.3d 248 · Court of Appeals for the D.C. Circuit · Feb 3, 2006

Giving a jury an instruction unsupported by any evidence is “clearly error,” as an “instruction presupposes that there is some evidence before the jury which they may think sufficient to establish the facts hypothetically … While a promotion to GS-14 clearly would have qualified as “tangible” (though it still would not have been adverse), Lutkewitte did not receive that promotion, and her increased supervisory responsibilities were at most a

American Train Dispatchers Ass'n v. Interstate Commerce Commission

671 F.2d 580 · Court of Appeals for the D.C. Circuit · Feb 16, 1982

Clearly such change should have no effect on carrier operations and services or on the relationships between the parties otherwise prescribed under 49 U.S.C. § 11343 . … Because the ICC’s construction of its own order is entitled to great weight, and because it is peculiarly qualified to interpret the effect of the modifications here in issue, we decline petitioner’s invitation to countermand

James S. Rivers, Inc., (Wjaz) v. Federal Communications Commission

351 F.2d 194 · Court of Appeals for the D.C. Circuit · Nov 3, 1965

I When petitioner’s application was filed, its examination by the Commission resulted in a finding that it qualified for granting in all respects except that of the 10 per cent rule. … Petitioner’s own evidence confirmed and established the violation to be a substantial one. 2 Thus, the precise question was whether the Commission should waive its rule in this instance.

Southern Mutual Help Association, Inc. v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

574 F.2d 518 · Court of Appeals for the D.C. Circuit · Dec 23, 1977

First, in my view, SMHA has not established its standing to bring this suit; it has failed in its responsibility clearly to allege facts demonstrating that it is a proper party to invoke the exercise of the court’s remedial … This limitation was clearly understood by SMHA. All of the contracts breached by SMHA were contracts running beyond a one year term.

Association of Data Processing Service Organizations, Inc., Comshare, Inc., Tymshare, Inc. v. Board of Governors of the Federal Reserve System, Citicorp, Intervenor. Association of Data Processing Service Organizations, Inc., Comshare, Inc., Tymshare, Inc. v. Board of Governors of the Federal Reserve System, Citicorp, California Bankers Clearing House Association, Intervenors

745 F.2d 677 · Court of Appeals for the D.C. Circuit · Oct 2, 1984

Suppose, for example, that Congress clearly intended to switch to a stricter test, but was also clearly operating on the mistaken belief that the existing test ("arbitrary or capricious") was more lenient than the "substantial … As to what kinds of connections may qualify, at least the following seem to us within the statutory intent.... 77 Id.

Theodore Wesby v. DC

Court of Appeals for the D.C. Circuit · Nov 9, 2021

In addition, the court held that the officers had violated the Attendees’ clearly established constitutional rights and were not entitled to qualified immunity. Id. at 37–39. … The Court held that the officers had probable cause to arrest the Attendees for unlawful entry, id. at 582, 593, and that, in any event, the officers were entitled to qualified immunity, id. at 591, 593.

Democratic Central Committee v. Washington Metropolitan Area Transit Commission

436 F.2d 233 · Court of Appeals for the D.C. Circuit · Jul 10, 1970

Washington, D.C. does not, hence it does *237 not appear that the 40-cents fare level, considering the question in regard to the stay only, is clearly unjustified to provide essential operating revenue for the transit system … deficiency on its face; and the rate of return it projects compares favorably in level with those allowed by other recent fare orders, 14 some of which actually produced no return whatever. 15 Our present ruling does not immunize

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Raymond J. Donovan, Secretary of the United States Department of Labor, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Raymond J. Donovan, Secretary of the United States Department of Labor

746 F.2d 855 · Court of Appeals for the D.C. Circuit · Oct 23, 1984

There is no way to avoid the interpretation that the qualifying approval ("such approval") is approval under the conditions of the 1981 amendments. … In light of our disposition of the case this issue need not be resolved 5 An agency may, of course, be constrained to expend a certain portion of a lump-sum appropriation on a particular program because that program establishes

National Home Equity Mortgage Ass'n v. Office of Thrift Supervision

373 F.3d 1355 · Court of Appeals for the D.C. Circuit · Jul 13, 2004

Although the agency recognized that subprime lending helps borrowers who would not otherwise qualify for a mortgage loan, it wanted to discourage rather than to enable predatory prac *311 tices. Id. at 17,814/2. … Co., 463 U.S. 29, 57 , 103 S.Ct. 2856, 2873 , 77 L.Ed.2d 443 (1983), but the OTS has clearly done that.

Wagner Seed Company, Inc. v. George Bush, as President of the United States of America

946 F.2d 918 · Court of Appeals for the D.C. Circuit · Oct 15, 1991

If we owed the EPA deference on this interpretive issue, I would agree with the majority’s decision to reject Wagner’s suit; the statute does not clearly resolve the question and the EPA’s reading is not unreasonable. … Congress had already waived sovereign immunity in 1980 by making the fund substantively liable.

Griffith v. Lanier

521 F.3d 398 · Court of Appeals for the D.C. Circuit · Apr 4, 2008

The plaintiffs clearly have standing to raise their facial challenge, as the General Order would, on their reading, tend to discourage their expression of opinions on collective bargaining. … such local law protection is a sufficient condition for a “property interest” is a matter we need not reach; there is some authority that the continued service of an unpaid volunteer—even if guaranteed by statute—cannot qualify

El-Shifa Pharmaceutical Industries Co. v. United States

607 F.3d 836 · Court of Appeals for the D.C. Circuit · Jun 8, 2010

Matteo, 360 U.S. 564, 569-71 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (federal officers acting in their official capacities have immunity from suit, including against state-law defamation suits). … The Alien Tort Statute has never been held to cover suits against the United States or United States Government officials; the statute furnishes no waiver of sovereign immunity.

Women Strike for Peace v. Walter J. Hickel, Secretary of the Interior

420 F.2d 597 · Court of Appeals for the D.C. Circuit · Aug 1, 1969

The record does not clearly set forth the basis on which the Park Service denied the permission requested by appellant for its particular display. … Such use of the streets and public places, has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.” Opinion of Justice Roberts in Hague v.

Fred Meyer Stores, Inc. v. National Labor Relations Board

865 F.3d 630 · Court of Appeals for the D.C. Circuit · Aug 1, 2017

Here, the record—if not the ALJ decision or the opinions of the Board—clearly reflects a violation of the Access Agreement. … JA 511–12. 8 Fred Meyer also argues the First Amendment protects its decision to call the police and immunizes the Store for the resulting arrests.  19 Under the circumstances, we find