Case law

Energy Transportation Group, Inc. v. Maritime Administration

956 F.2d 1206 · Court of Appeals for the D.C. Circuit · Feb 21, 1992

We explained that we were establishing this bright line test to discourage the filing of petitions for review until after the agency completes the reconsideration process. … ETG does not hint at any way in which unsealing might conceivably establish either that a full reopening of the bidding occurred or that such a reopening was legally required.

NACS v. Board of Governors of the Federal Reserve System

746 F.3d 474 · Court of Appeals for the D.C. Circuit · Mar 21, 2014

The Board also thinks the Durbin Amendment is unambiguous, though it argues that the statute clearly establishes a third category of costs: those that are not “incremental” ACS costs but are specific to a particular transaction … By contrast, in the Durbin Amendment Congress set aside every clearly descriptive clause with commas.

Joseph A. Bryant v. Jefferson Federal Savings and Loan Association

509 F.2d 511 · Court of Appeals for the D.C. Circuit · Dec 9, 1974

They argue that the challenged actions are so intertwined with governmental policies as to constitute governmental action, that the government clearly authorizes and encourages a violation of due process or that Congress … The legal estate conveyed to a mortgagee, his heirs and assigns, or to a trustee to secure a debt, his heirs and assigns, shall be construed and held to be a qualified fee simple, determinable upon the release of the mortgage

Bendix Aviation Corp., Bendix Radio Division v. Federal Communications Commission

272 F.2d 533 · Court of Appeals for the D.C. Circuit · Nov 13, 1959

The Commission also was clearly cognizant of the public interest character of the Bendix objective. … Channels of communication subject to Government control, use and assignment clearly are not available to the public.

American Coal Co. v. Federal Mine Safety & Health Review Commission

796 F.3d 18 · Court of Appeals for the D.C. Circuit · Jul 31, 2015

And American Coal cannot successfully distinguish the contemporary cases cited by the Secretary that clearly differentiate between smoldering fires and flaming fires. … To qualify as “fire,” non-flaming combustion must qualify as “smoldering” combustion, and it must also present a reasonable chance of bursting into flame.

Cohen v. United States

650 F.3d 717 · Court of Appeals for the D.C. Circuit · Aug 7, 2009

It clearly concluded the IRS’s decisionmaking process. We turn, then, to consider whether the notice produced legal consequences. … Therefore, Appellants must establish that their injury falls *91 within the “zone of interests” sought to be protected by § 7422. Lujan v.

Bruno, Roberto S. v. Albright, Madeleine

Court of Appeals for the D.C. Circuit · Dec 3, 1999

As revised in 1976, s 702 itself contains another qualifying clause. … Cir. 1986), aff'd by an equally divided Court, 484 U.S. 1 (1987), forecloses any contention that consular visa decisions are immune from judicial review.

Pub. Citizen Health Research Grp. v. Acosta

363 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Dec 12, 2018

KELLY, United States District Judge As part of its effort to improve the collection of work-related injury data, the Occupational Safety and Health Administration ("OSHA"), an agency of the Department of Labor, requires qualifying … Exemption 6 specifically covers "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." Id. § 552(b)(6).

Teva Pharm. United States, Inc. v. Azar

369 F. Supp. 3d 183 · Court of Appeals for the D.C. Circuit · Feb 26, 2019

According to Teva, the Final MMA Rule clearly provides that "eligibility for 180-day exclusivity requires timely notice of the exclusivity-qualifying Paragraph IV certification;" therefore, only those who have provided notice … can qualify as first applicants.

Dial a Car, Inc. v. Transportation, Inc. And Barwood, Inc.

82 F.3d 484 · Court of Appeals for the D.C. Circuit · Jun 28, 1996

established fact. … The key question, therefore, is whether ap-pellees’ representations that they are permitted to provide the taxi service at issue qualifies as a false or misleading statement of fact for Lanham Act purposes.

American Federation State, County & Municipal Employees v. Federal Deposit Insurance

813 F. Supp. 7 · Court of Appeals for the D.C. Circuit · Dec 11, 1992

purchased the investment indicates that there was common trading for investment: the commercial paper was “offered and sold to a broad segment of the public, and that is all [the Supreme Court has] held to be necessary to establish … Thus, NBW clearly was the agent of WBC, the title owner of the commercial paper.

Abdul Ali v. Donald Trump

959 F.3d 364 · Court of Appeals for the D.C. Circuit · May 15, 2020

Reg. 13,277 (March 7, 2011) (establishing the Periodic Review Board). … Cir. 2019) (Millett, Pillard, and Edwards, JJ., concurring in denial of en banc review).  4 hostile action against the United States have no immunity from military trial.” 927 F.3d at 529

Arthur Andersen & Co. v. Internal Revenue Service

679 F.2d 254 · Court of Appeals for the D.C. Circuit · May 21, 1982

Thus, in general, predecisional communications are likely to qualify as privileged and “communications made after the decision and designed to explain it” are not. NLRB v. … This is clearly not what Congress had in mind. 484 F.2d at 825-26 .

Federal Trade Commission v. Brown & Williamson Tobacco Corporation

778 F.2d 35 · Court of Appeals for the D.C. Circuit · Dec 18, 1985

Altman, supra p. 40, § 5.16, at 5-92 (“[TJhose who customarily deal with ... purchasers ... are qualified to testify with respect to the buyers’ understanding of the words they hear and use.”) (footnote omitted). … We cannot say that the finding of reliance based upon this evidence is “clearly erroneous.”

Ctr. for Pub. Integrity v. U.S. Dep't of Energy

287 F. Supp. 3d 50 · Court of Appeals for the D.C. Circuit · Jan 12, 2018

An agency's release of records in response to a FOIA request qualifies as an official and documented disclosure. … In this case, although Sandia's misdeeds became public, they hardly qualify as a "well-publicized scandal" that captured the public's attention.

United States v. Webb, Dennis L.

255 F.3d 890 · Court of Appeals for the D.C. Circuit · Jul 27, 2001

However, because of his two prior narcotics convictions, Webb qualified as a career offender. … All defendants qualifying as career offenders re- ceive a criminal history Category of VI. Id. life. See U.S.S.G. ch. 5, pt. A.

United States v. John Butler

504 F.2d 220 · Court of Appeals for the D.C. Circuit · Aug 30, 1974

Partly because the very ineffectiveness of the assistance may lead to prejudice not being reflected in the record, the burden at this point shifts to the Government to establish a lack of prejudice. 16 III. … THE GOVERNMENT'S FAIL-ÜRE TO ANSWER Not only has the Government clearly failed to meet its burden in this case, it has not even attempted to carry it.

Taucher, Frank v. Brown-Hruska, Sharon

396 F.3d 1168 · Court of Appeals for the D.C. Circuit · Jan 28, 2005

The publishers did not dispute that they qualified as CTAs under the statutory scheme. … be considered part of the print or electronic media for purposes of the exemption in 7 U.S.C. § la(6)(B), commodity trading advice was central rather than “incidental” to their businesses, and accordingly they could not qualify

Willem Ridder v. Office of Thrift Supervision and Ellen S. Seidman, Director

146 F.3d 1035 · Court of Appeals for the D.C. Circuit · Sep 17, 1998

In addition to establishing stricter capital requirements for thrifts, FIR-REA also consolidated many of the powers and duties of two prior regulatory bodies in a newly-created entity, the Office of Thrift Supervision (“OTS … The Court concluded that Congress spoke “clearly and directly” when it enacted section 1818(i). Id. at 44, 112 S.Ct. 459 .

Floyd E. Washington v. Dale C. Cameron, Superintendent, St. Elizabeth's Hospital

411 F.2d 705 · Court of Appeals for the D.C. Circuit · Jun 18, 1969

The Government does not dispute the ample authority requiring such notice before a qualified employee can be placed on enforced sick leave. 3 However, they invite this court’s attention to Hart v. … Giacalone, 81 U.S.App.D.C. 20 , 154 F.2d 20 (1946) for the proposition that “one who moves for summary judgment has the *710 burden of demonstrating clearly the absence of any genuine issue of fact, and that any doubt as