Case law

Life Extension Foundation, Inc. v. Internal Revenue Service

915 F. Supp. 2d 174 · Court of Appeals for the D.C. Circuit · Jan 16, 2013

In addition, the King declaration clearly explains the reasons why disclosure would harm the decision-making process. Id. … As previously explained, Exemption 3 of FOIA incorporates nondisclosure protections established in other federal statutes, see generally 5 U.S.C. § 552 (b)(3), and it is well-established that 26 U.S.C. § 6103 provides particular

Lois Lange v. United States

443 F.2d 720 · Court of Appeals for the D.C. Circuit · Apr 16, 1971

The giving of concurrent jurisdiction to the police court had been clearly enough established for those crimes that were punishable by detention, and had been defined in terms of whether maximum imprisonment was one year … Moreover, the Government’s proof did not establish an obstruction. The evidence establishes that the Quaker group was careful not to intermingle physically with the arrested group.

Cohen v. United States

578 F.3d 1 · 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 *12 within the “zone of interests” sought to be protected by § 7422. Lujan v.

Robinson v. United Mine Workers Of America Health And Retirement Funds

640 F.2d 416 · Court of Appeals for the D.C. Circuit · Feb 5, 1981

They established clearly that the question of whether or not to provide plaintiffs the benefits they now seek was the subject of explicit, informed and intense bargaining. … We note, however, that the class is not open-ended, as it includes only survivors of miners who qualified for pensions but died before December 6, 1974, while still in active service.

Cargill, Inc. v. Federal Maritime Commission and United States of America, Baton Rouge Marine Contractors, Inc., Intervenor. Baton Rouge Marine Contractors, Inc. v. Federal Maritime Commission and United States of America, Cargill, Inc., Intervenor

530 F.2d 1062 · Court of Appeals for the D.C. Circuit · Feb 12, 1976

conference, retains the right of independent action, or (2) in respect to any conference agreement, which fails to provide reasonable and equal terms and conditions for admission and readmission to conference membership of other qualified … enjoys unilateral authority to impose novel charges without seeking prior approval under § 15, because any such unilateral course is not an 'agreement' subject to that provision, the corollary is that there would be no § 15 immunity

San Manuel Indian Bingo & Casino v. National Labor Relations Board

475 F.3d 1306 · Court of Appeals for the D.C. Circuit · Feb 9, 2007

The primary qualification to this rule is that the tribal government may be immune from suit. See Kiowa Tribe v. Mfg. Techs., Inc., 523 U.S. 751, 754 (1998). … Of course, in establishing and operating the Casino, San Manuel has not acted solely in a commercial capacity.

United States of America, and Cross-Appellant v. Longino Xavier Edelin, and Cross-Appellee

996 F.2d 1238 · Court of Appeals for the D.C. Circuit · Sep 9, 1993

The only relevant issue is whether the evidence was sufficient to establish that Edelin constructively possessed the drugs. … The Guidelines establish a sentence range of 135 to 168 months but the district court sentenced Edelin to 120 months.

The Price Broadcasters, Inc. v. Federal Communications Commission, Times and News Publishing Company, the Monocacy Broadcasting Company, Intervenors. The Monocacy Broadcasting Company v. Federal Communications Commission, Times and News Publishing Company, the Price Broadcasters, Inc., Intervenors

295 F.2d 166 · Court of Appeals for the D.C. Circuit · Sep 21, 1961

Monocacy, already operating WFMD at Frederick, sought a permit to establish a new station to operate unlimited time at Gettysburg, 32 miles away. … C., supra. 18 Moreover, the Commission did not clearly focus on the nature of the needs in Gettysburg.

American Federation of Government Employees v. Gates

486 F.3d 1316 · Court of Appeals for the D.C. Circuit · May 18, 2007

And subsections (m)(l) and (m)(8) by their terms plainly qualify as such exceptions through November 2009. … Given that deferential standard of review, we conclude that the extensive review process outlined above easily qualifies as “fair treatment.”

United States v. Schaffer, Archibald

183 F.3d 833 · Court of Appeals for the D.C. Circuit · Sep 14, 1999

ance applied only to cattle slaughter establishments, which Tyson Foods had never owned, Dr. … Finally, even assuming that an awareness of his immunity agreement would have sufficiently buttressed Tyson's credi- bility that the jury believed him, his testimony still did no more than establish an expected negative

Public Employees for Environmental Responsibility v. United States Section, International Boundary & Water Commission

740 F.3d 195 · Court of Appeals for the D.C. Circuit · Jan 22, 2014

In this context, preventing dam attacks and maintaining order and ensuring dam security during dam emergencies qualify as valid law enforcement purposes under the statute. … This case involves records containing guidelines, and thus the “risk circumvention of the law” requirement clearly applies.

Las Vegas Valley Broadcasting Co. v. Federal Communications Commission, Western Communications, Inc., Intervenor. Western Communications, Inc. v. Federal Communications Commission, Las Vegas Valley Broadcasting Co., Intervenor

589 F.2d 594 · Court of Appeals for the D.C. Circuit · Dec 29, 1978

(Valley) disputes the Commission's conclusion that it was not financially qualified for the license. We affirm the FCC's order as to Western, but remand for further proceedings as to Valley's application. I. … The bank's replies convinced the ALJ that the bank might require additional collateral for the loan, and thus that Valley "failed to carry its burden of proving that it is financially qualified to construct and operate its

Renoldo L. Spivey v. Marion Barry, Jr., as Mayor of the District of Columbia, Louline Green, Intervenor

665 F.2d 1222 · Court of Appeals for the D.C. Circuit · Sep 9, 1981

We begin with the Upshur Street Clinic itself, established in the 1950s as an ambulatory health-care facility for the indigent. … Defendants argue that the present case is clearly controlled by O’Bannon , and that the federal issues were therefore insubstantial. We cannot agree that O’Bannon is controlling here.

SL Communications, Inc. v. Federal Communications Commission

168 F.3d 1354 · Court of Appeals for the D.C. Circuit · Mar 18, 1999

Because no other qualified applicant remained, S&B proposed to "settle" the proceeding by substituting in its place appellant SL Commu- nications ("SL"), an established, reputable broadcaster willing to reimburse S&B for … Agreeing with the ALJ that Ozan exercised de facto control over S&B's application, the Review Board stated that "it was clearly demonstrated that [Ozan] was the prime mover, principal and agent responsible for every aspect

Thompson v. Washington

551 F.2d 1316 · Court of Appeals for the D.C. Circuit · Feb 15, 1977

The monies needed to provide the refund would have to come from project revenues or future rentals, as would the monies needed to trace qualified tenants to provide them with the refund. … The holding in Thompson I was no more clearly foreshadowed than the holding in Marshall I, and hence appellees’ reliance upon the previous state of the law was no more unreasonable here.

Carpenter v. Federal National Mortgage Ass'n

174 F.3d 231 · Court of Appeals for the D.C. Circuit · Apr 27, 1999

See Fischbach, 86 F.3d at 1183 (absent pretext, “court must respect the employer’s unfettered discretion to choose among qualified candidates”). … To do so, he must establish that he was engaged in a protected activity, that his employer took adverse personnel aclion against him and that the two events were causally connected. See Arthur Young & Co. v.

Joseph Arpaio v. Barack Obama

797 F.3d 11 · Court of Appeals for the D.C. Circuit · Aug 14, 2015

Those who qualify receive authorization to work and reside in the United States for renewable periods. … As today’s decision demonstrates, standing doctrines often immunize government officials from challenges to allegedly ultra vires conduct.

Sheet Metal Workers' International Ass'n, Local 15 v. National Labor Relations Board

491 F.3d 429 · Court of Appeals for the D.C. Circuit · Jun 19, 2007

In this case the ALJ concluded the Union’s threat to picket Beall’s violated § 8(b)(4)(ii)(B) because it was not “qualified” by an assurance the Union would limit its picketing to a reserved gate, as required under Moore … its threat by clearly indicating that the picketing would conform to Moore Dry Dock ... or otherwise be in uniformity [sic] with Board law”).

National Taxpayers Union, Inc. v. United States

68 F.3d 1428 · Court of Appeals for the D.C. Circuit · Nov 3, 1995

Next, the District Court found that NTU did not qualify for the other judicially-recognized exception to the AIA set forth in Enochs v. … The second Hunt requirement is met because a challenge to Section 13208 clearly falls within NTU’s stated purpose of “working] to reduce government spending and taxes by a program including but not limited to taxpayer organizing

In Re: Bruce Lindsey

148 F.3d 1100 · Court of Appeals for the D.C. Circuit · Jul 31, 1998

We need not decide whether section 535(b) alone requires White House Counsel to testify before a grand jury. 6 The statute does not clearly apply to the Office of the President. … Congress has clearly indicated, as a matter of policy, that federal employees should not withhold information relating to possible criminal misconduct by federal employees on any basis.