Case law

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.

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

Nicole Urquhart-Bradley v. Cushman & Wakefield, Inc.

964 F.3d 36 · Court of Appeals for the D.C. Circuit · Jun 30, 2020

Eventually, he even “reached into the District of Columbia” by telephone “to discriminatorily terminate” her and “replace her with a less qualified white male.” J.A. 26. … III A A complaint can establish a basis for personal jurisdiction in two ways.

Multi-State Communications, Inc. v. Federal Communications Commission, Rko General, Inc., Intervenor

590 F.2d 1117 · Court of Appeals for the D.C. Circuit · Mar 19, 1979

In its order designating issues the FCC stated that "Multi-State has established the availability of the $4,000,000 bank loan from the Chase Manhattan Bank." … presentations, when changing a "core" circumstance of the case and when supported by equitable considerations, can be accepted by the FCC without disturbing the value of administrative finality. 2 A second commitment would 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.

Converting v. United States Department of Justice

684 F.3d 93 · Court of Appeals for the D.C. Circuit · Jun 22, 2012

DOJ argued that Convertino could not establish a prima facie violation of the Prívacy Act because, without knowing the source’s identity, he could not establish the source’s state of mind. … Mar. 12, 2012) (district court’s suggestion that Eastern District discovery can continue after court’s grant of summary judgment here “is clearly wrong”).

Emerson Emory v. Secretary of the Navy

819 F.2d 291 · Court of Appeals for the D.C. Circuit · May 19, 1987

Because Emory was “below the zone” during the years in question, a promotion selection board would have had to consider him to be one of a select group of especially well qualified applicants to recommend him for promotion … The district court was clearly correct in concluding that it cannot intervene in this process and order Emory promoted retroactively to the rank of admiral.

States Marine International, Inc. v. Peterson

518 F.2d 1070 · Court of Appeals for the D.C. Circuit · Sep 5, 1975

We think the statute and its legislative history clearly establish that the purpose of the ODS program is not to subsidize cargo carriage but instead to subsidize operation of vessels so that the vessels are in a position … AIMS is clearly concerned.

Allnet Communication Service, Inc. v. National Exchange Carrier Association, Inc., a Delaware Corporation

965 F.2d 1118 · Court of Appeals for the D.C. Circuit · Jun 9, 1992

In no way does it establish that these errors relieved the interexchange carriers of liability for the charges or that NECA could not collect them through self-help if necessary. … The additional claims are that: (1) Allnet qualified for exemption from the Universal Service Fund charges during the relevant period under 47 CFR § 69.5 ; (2) NECA has incorrectly computed Allnet’s share of the Universal

International Union v. Brock

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.

United Transport Service Employees of America, Cio, Ex Rel. Washington v. National Mediation Board

179 F.2d 446 · Court of Appeals for the D.C. Circuit · Oct 17, 1949

In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the rules to govern the election, or may appoint a committee of three neutral persons … But in so holding it clearly differentiated judicial review of the administrative action of the Board in determinations of craft or class and certifications of a collective bargaining representative.

Liquid Carbonic Industries Corporation v. Federal Energy Regulatory Commission, Polk Power Partners, Limited Partnership, Lavair Cogeneration Limited Partnership, Intervenors. Liquid Carbonic Industries Corporation v. Federal Energy Regulatory Commission, Lavair Cogeneration Limited Partnership, Intervenor. Liquid Carbonic Industries Corporation v. Federal Energy Regulatory Commission, Lavair Cogeneration Limited Partnership, Aes Wr Limited Partnership, Intervenors

29 F.3d 697 · Court of Appeals for the D.C. Circuit · Jul 22, 1994

Thus, QFs are ensured a market for their electricity production. 2 3 PURPA establishes guidelines for the certification of facilities as QFs. … Despite the questions, we have reaffirmed the holding in CAS I: "EPCA clearly removes the judicial authority to create prudential barriers by granting review of agency action to those 'who may be adversely affected.' " Competitive

North Slope Borough v. Andrus

642 F.2d 589 · Court of Appeals for the D.C. Circuit · Oct 9, 1980

It does, however, qualify somewhat the broadest practical effect the term could have. … See generally Brief of State of Alaska Appearing Specially as Amicus Curiae (asserting, inter alia, principles of sovereignty and Eleventh Amendment Sovereign Immunity). .

Pennsylvania Public Utility Commission v. United States

812 F.2d 8 · Court of Appeals for the D.C. Circuit · Feb 24, 1987

Instead, the Commission held "[t]o qualify as a bona fide arrangement there must be either a through ticket or other through arrangement between the motor carrier and the air carrier." … And regardless of whether these employees are "passengers" for purposes of the airplane journey, they are clearly passengers of the motor carrier, ACI.

Animal Leg Def Fund v. Glickman, Daniel

204 F.3d 229 · Court of Appeals for the D.C. Circuit · Feb 1, 2000

These "requirements" may be minimal but they are clearly mandatory. Jurnove argued, and the district court agreed, that this case begins and ends with the fact that the Secre- tary provided no engineering standards. … Reg. at 6472-73), that generality was obviously qualified by the remarks just quoted.

Washington Hospital Center v. Butler

384 F.2d 331 · Court of Appeals for the D.C. Circuit · Sep 29, 1967

Even where the special medical standard is invoked as the touchstone of liability, “the proposition that experts alone are qualified to testify as to the manner of treatment of a patient is ‘sound only when soundly applied … This undisputed fact was established testimonially, the form being unavailable at trial. .

Thomas H. Washington, Jr. v. United States

390 F.2d 444 · Court of Appeals for the D.C. Circuit · Dec 13, 1967

Because you have qualified as an expert witness your testimony is governed by special rules. … Where medical terms are useful or unavoidable, make sure you explain these terms clearly.

Gary L. Ryan v. Bureau of Alcohol, Tobacco and Firearms

715 F.2d 644 · Court of Appeals for the D.C. Circuit · Aug 23, 1983

On that basis, Form 4328 qualifies. … exempted from disclosure by statute (other than section 552b of this title), 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

Aid Assoc Lutherans v. USPS

Court of Appeals for the D.C. Circuit · Mar 14, 2003

Both AAL and ABE are ‘‘qualified nonprofit organizations’’ eligible to mail qualifying matter at reduced nonprofit rates. … We reject this position as entirely untenable under well-established case law. See Ry. Labor Executives Ass’n v. Nat’l Mediation Bd., 29 F.3d 655, 671 (D.C.