Case law

United States v. Judah Robert Lyons

706 F.2d 321 · Court of Appeals for the D.C. Circuit · Apr 26, 1983

Under these conditions, the Government insists, Lyons’ “expectation of privacy ... was qualified at best.” Brief at 15-16 n. 12. … Clearly, however, there were no such “exigent circumstances” in this case.

District 6, United Mine Workers of America v. United States Department of the Interior Board of Mine Operations Appeals

562 F.2d 1260 · Court of Appeals for the D.C. Circuit · Oct 14, 1977

The issue before this court is thus quite clearly stated. … Referential and qualifying words.

Horton v. United States

15 App. D.C. 310 · Court of Appeals for the D.C. Circuit · Oct 25, 1899

What the accused is entitled to is a trial by an impartial jury duly qualified and impaneled to. sit thereon. That the appellant had such a jury is not denied. … In its definition of insanity as a defense against conviction of crime it follows the established authorities, and has application to the facts of the case. See Taylor v. United States, 7 App. D. C. 27, 43 ; Davis v.

Save Jobs USA v. DHS

942 F.3d 504 · Court of Appeals for the D.C. Circuit · Nov 8, 2019

An employer must first identify a job for which the H–1B visa holder will be permanently hired and then certify to the Secretary of Labor that (1) “there are not sufficient workers who are able, willing, qualified[,] . . … In effect, counsel invites us to distinguish between H–1B visa holders generally, with whom Save Jobs’ members are quite clearly in competition, and H–1B visa holders who have begun the process of applying for lawful permanent

Bagwell v. U.S. Dep't of Justice

311 F. Supp. 3d 223 · Court of Appeals for the D.C. Circuit · Mar 22, 2018

Because FOIA "seeks 'to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language,' " *229 NLRB v. … Such documents clearly fall within the scope of the attorney work-product privilege.

United States v. Pryce

938 F.2d 1343 · Court of Appeals for the D.C. Circuit · Jul 16, 1991

(Reginald, and perhaps Anthony, testified under a grant of immunity from the government.) … Only once did she accuse him of clearly criminal activity.

National Ass'n of Home Builders v. Environmental Protection Agency

786 F.3d 34 · Court of Appeals for the D.C. Circuit · May 15, 2015

That proposition is so clearly established it is beyond question. Nor do parties have to wait until the government takes preliminary steps before enforcing — clearing its throat, so to speak. … The consultant report is submitted to the Corps and qualifies as a “preliminary jurisdictional determination” upon the Corps’ adoption of it, oftentimes with edits.

Kenneth Abrams v. Communications Workers of America, an Unincorporated Labor Organization

59 F.3d 1373 · Court of Appeals for the D.C. Circuit · Jul 21, 1995

Yet CWA’s notice clearly states that “[t]he agency fee payable by objectors will be based on the Union’s expenditures” for representational activities. Joint Appendix (J.A.) at 74 (emphasis added). … And of critical importance, nothing in the record establishes or even suggests that CWA’s notice has ever led any employees in any way to misunderstand their rights after the Supreme Court decided Communications Workers of

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.

William P. Tavoulareas v. The Washington Post Company, D/B/A the Washington Post, a Delaware Corporation Appeal of Mobil Corporation

724 F.2d 1010 · Court of Appeals for the D.C. Circuit · Mar 15, 1984

These decisions establish that a corporation possesses legitimate constitutional expectations of confidentiality in internal commercial information. … Once a litigant makes such a showing, it has established its constitutionally protected interest in avoiding disclosure of these documents.

United States Department of the Air Force v. Federal Labor Relations Authority

949 F.2d 475 · Court of Appeals for the D.C. Circuit · Dec 3, 1991

See 5 U.S.C. § 7123 (c) (incorporating by reference standard of judicial review established by the Administrative Procedure Act). … The position that invitations to employees to waive their statutory rights are immune from collective bargaining does not seem the inevitably correct interpretation of the FSLMRS.

National Wildlife Federation v. Interstate Commerce Commission and United States of America, Association of American Railroads, Intervenor. Victoria Beres v. Interstate Commerce Commission and United States of America

850 F.2d 694 · Court of Appeals for the D.C. Circuit · Jun 10, 1988

If interim use of an established right-of-way consistent with the National Trails System Act is feasible, and a State, political subdivision, or qualified private organization is prepared to assume full responsibility for … ICC, 841 F.2d 479 , 483 (2d Cir.1988) (holding that Sec. 8(d) does not clearly confer the power to order trail use) 12 Beres also advances two separate arguments that warrant only brief mention.

Tijerina v. Walters

821 F.2d 789 · Court of Appeals for the D.C. Circuit · Jun 30, 1987

It could be used to justify indiscriminate disclosure of any incriminating information, which Congress clearly did not intend. … The only material appellants have not received is the VA’s litigation report about the instant case, which is clearly exempt under FOIA.

In Re Sealed Case No. 98-3077

151 F.3d 1059 · Court of Appeals for the D.C. Circuit · Aug 14, 1998

" of discovery might cause irreparable harm to one who asserts an immunity from those very burdens. … prima facie case has been established. See id.

New York Times Company v. National Aeronautics and Space Administration

920 F.2d 1002 · Court of Appeals for the D.C. Circuit · Dec 7, 1990

The majority objects to the characterization of this statement as a “concession” by NASA, but it is absolutely clear that we must accept the substance of this statement as established fact. … No. 813, 89th Cong., 1st Sess. 3 (1965) (FOIA establishes a "general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language."); H.R.Rep.

Eisentrager v. Forrestal

174 F.2d 961 · Court of Appeals for the D.C. Circuit · Apr 15, 1949

statute be construed as co-extensive with governmental action by United States officials, such action outside the specifications of the statute would be wholly immune from judicial power; in other words, outside the necessity … jurisdiction to issue a writ upon petition of a person confined outside the United States. 27 It follows that if the case presented by these appellants arises under the Constitution, laws or treaties of the United States, as it clearly

Aera Energy LLC v. Salazar

642 F.3d 212 · Court of Appeals for the D.C. Circuit · Apr 29, 2011

Third, our political influence cases emphasize the value of “establish[ing] ‘a full scale administrative record which might dispel any doubts about the true nature of [the agency’s] action.’ ” ATX, 41 F.3d at 1528 (quoting … But we have never required a special procedure and instead have encouraged agencies to adapt established internal procedures to render fresh untainted decisions.

Southwest Airlines Co. v. Transportation Security Administration

554 F.3d 1065 · Court of Appeals for the D.C. Circuit · Feb 3, 2009

No. 107-71, 115 Stat. 625 (2001), establishing the Transportation Security Administration (“TSA”) and entrusting it with the primary responsibility for civil aviation security. 49 U.S.C. § 114. … Here TSA’s choices were clearly permissible.

Hohenthal v. Smith

114 F.2d 494 · Court of Appeals for the D.C. Circuit · Jul 22, 1940

Furthermore, if defendant’s conduct were as obviously negligent or susceptible of an inference of negligence as plaintiff says it was, it would seem there could be no difficulty in securing confirmation of this fact from qualified … Giving the evidence the interpretation most favorable to plaintiff, 10 we think she has failed to prove that defendant was negligent or to establish a sufficient basis for permitting the jury reasonably to infer that he was

United States v. Charles T. Muntain, A/K/A "Red Muntain"

610 F.2d 964 · Court of Appeals for the D.C. Circuit · Oct 31, 1979

In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the provisions of the . statutes … The quoted language establishes clearly that “official acts” are not to be limited to those duties set forth in a written job description but may include as well those duties customarily associated with a particular job.