Case law

Alan J. White v. Office of Personnel Management Alan J. White v. Office of Personnel Management

787 F.2d 660 · Court of Appeals for the D.C. Circuit · Apr 11, 1986

Board of Bar Examiners, 353 U.S. 232 , 77 S.Ct. 752 , 1 *665 L.Ed.2d 796 (1957) (evidence relied upon in denying Schware the opportunity to qualify as a lawyer was insufficient and the denial deprived Schware of due process … Nor are we denying the importance of the due process clause in regulating such an employment relationship once it is established.

Union of Concerned Scientists v. Nuclear Regulatory Commission

711 F.2d 370 · Court of Appeals for the D.C. Circuit · Jun 30, 1983

No. 1, the equipment is put in a category of being qualified. The second category is qualification not established. … As its terms clearly indicate, section 189(a) is just such a statute.

Smuck v. Hobson

408 F.2d 175 · Court of Appeals for the D.C. Circuit · Jan 21, 1969

Should succeed, the Board of Education wiHrl.fpfv' deed be freed of certain constraints upon its exercise of discretion in establishing educational policy. … While the scope of this discretion is uncertain, its existence is not: some policies may be constitutionally permissible, and hence immune to attack in a fresh lawsuit, which are not constitutionally required.

American Federation of Government Employees, Afl-Cio, Local 2303 v. Federal Labor Relations Authority

815 F.2d 718 · Court of Appeals for the D.C. Circuit · Apr 3, 1987

The union further suggests that the Authority’s order compromises the integrity of the process established by Congress for collective bargaining. … evidence” standard, see 5 U.S.C. § 7123 (c) (1982), or perhaps under a more rigorous "clearly erroneous” standard.

Amer Fam Assn Inc v. FCC

Court of Appeals for the D.C. Circuit · May 11, 2004

Similarly, because AFA centrally owns and con- trols its members, AFA affiliates will not likely qualify for the ‘‘established local entities’’ credit. … Religious groups may be established local entities, may be diverse, and may have superior technical capability.

Advocates for Highway and Auto Safety v. Federal Highway Administration

28 F.3d 1288 · Court of Appeals for the D.C. Circuit · Aug 2, 1994

49 U.S.CApp. § 2505(f), the FHWA stated that the program “is consistent with the national policy, as expressed in the Rehabilitation Act of 1973 and the [Americans with Disabilities Act], to facilitate the employment of qualified … Nonetheless, we feel that the references in the June 3rd Notice and the Notice of Final Disposition clearly show that the agency effectively promulgated the waiver program in the earlier notice and did so without allowing

United States v. Nicholas Slatten

Court of Appeals for the D.C. Circuit · Aug 4, 2017

matter, a self-defense claim is not “clearly” against a declarant’s interest, see United States v. … Immunity can indicate trustworthiness, particularly if the immunized statements do not cast blame or “divert attention” to another. See, e.g., Curro v.

D. C. Federation of Civic Associations, Inc. v. Thomas F. Airis, as Director of the District of Columbia Department of Highways and Traffic

391 F.2d 478 · Court of Appeals for the D.C. Circuit · Feb 15, 1968

In sum, ratification by appropriation is not favored and will not be accepted where prior knowledge of the specific disputed action cannot be demonstrated clearly. III. … This planning power was then limited to the area outside the old cities of Georgetown and Washington -because the streets of these cities had been established before one government was established for the entire District

Mutual of Omaha Insurance v. National Ass'n of Government Employees, Inc.

145 F.3d 389 · Court of Appeals for the D.C. Circuit · Jun 23, 1998

The Federal Employee Health Benefits Act establishes a subsidized health insurance program for civilian employees and annuitants of the federal government. … The Office maintains a “contingency reserve fund” comprised of three percent of the plan’s total contributions for each plan established under the Act.

Fritz Von Opel v. Herbert Brownell, Jr., Attorney General, as Successor to the Alien Property Custodian

244 F.2d 789 · Court of Appeals for the D.C. Circuit · Jun 20, 1957

This establishes clearly his privity with plaintiff [Uebersee] in the original action. * * ” Uebersee Finanz-Korporation, A. G. v. Brownell, 121 F. Supp. 420, 425 . … as qualifying shares. 5 .

American Mining Congress and National Industrial Sand Association v. Mine Safety & Health Administration and U.S. Department of Labor, American Mining Congress, and National Industrial Sand Association v. U.S. Department of Labor and William J. Tattersall, Assistant Secretary of Labor for Mine Safety and Health, and Mine Safety and Health Administration

995 F.2d 1106 · Court of Appeals for the D.C. Circuit · Sep 8, 1993

Then, in a rule issued without notice and comment, it established some such conditions. … agency disregard of significant policy arguments will clearly count against it.

United States v. Roberto Hernandez, United States of America v. Jose Lopez-Leyva

780 F.2d 113 · Court of Appeals for the D.C. Circuit · Jan 10, 1986

Although only Hernandez was clearly involved in the fight, the evidence was admitted against both appellants. … As to Hernandez, evidence of the fight clearly qualified under the “motive” exception of Rule 404(b). He had been involved in a fight a mere five or six hours previously. Tr. 217, 276-277.

Devon Tinius v. Luke Choi

77 F.4th 691 · Court of Appeals for the D.C. Circuit · Jul 7, 2023

Under D.C. law, a “police officer has a qualified privilege to use reasonable force to effect an arrest, provided that the means employed are not in excess of those which the [officer] reasonably believes to be necessary. … Given Plaintiffs’ failure to preserve the issue, the unsettled state of the law, and the officers’ entitlement to qualified immunity against claims not clearly established, Pearson v.

Fran Heiser v. Islamic Republic of Iran

735 F.3d 934 · Court of Appeals for the D.C. Circuit · Nov 19, 2013

The floor debate clearly demonstrates that at least some members of Congress wanted to use Iran’s assets to pay its victims, whether or not the executive agreed. … Co., 61 A.2d 26, 27 (D.C. 1948) (“The weight of authority clearly favors a strict construction of attachment statutes.”), modified on other grounds, 62 A.2d 371 (D.C. 1948).

Jeffrey Lovitky v. Donald Trump

949 F.3d 753 · Court of Appeals for the D.C. Circuit · Feb 11, 2020

Second, the district court found that it did not have subject matter jurisdiction to hear Lovitky’s claims because he had not established the elements of mandamus jurisdiction. Id. at *10. … But the text of the Act does not clearly direct filers to disclose only their “personal liabilities.” Nor does the text clearly prohibit filers from listing debts for which they are not personally responsible.

United States v. Aurelio Cano-Flores

796 F.3d 83 · Court of Appeals for the D.C. Circuit · Aug 7, 2015

Whatever merit a burden-shifting scheme might have, Cano- Flores’s proposal is unsound and his challenge to the minimization efforts is clearly insufficient under established law. … Furthermore, we agree with other circuits that when the tapes are in a foreign language, it generally makes little sense to say that accurate transcriptions do not qualify as evidence.

Georgetown University Hospital v. Otis R. Bowen, Secretary of Health and Human Services

862 F.2d 323 · Court of Appeals for the D.C. Circuit · Nov 15, 1988

Thus, “to minimize disruption that might otherwise occur because of sudden changes in reimbursement levels,” Congress established a four-year phase-in period. S.Rep. … process for such costs and how such review would inevitably inform the content of any definition of the term “allowable”; 10 we can find no cause to conclude that Congress nevertheless meant to convey some different, more qualified

Worthington Compressors, Inc. v. Gorsuch

668 F.2d 1371 · Court of Appeals for the D.C. Circuit · Nov 20, 1981

This ignores the facts that the statement was qualified by the word “ordinarily” and that it spoke in terms of necessity rather than permissibility. … We therefore have no reason to reconsider our adherence to Sears, which was based on well-established principles governing review of a district court grant of summary judgment.

Nancy Johnson v. United States Railroad Retirement Board

969 F.2d 1082 · Court of Appeals for the D.C. Circuit · Sep 11, 1992

As it has evolved, the Act provides qualified individuals with two categories of sometimes overlapping benefits. … Johnson would have qualified for an annuity under that statute.

In re Grand Jury Subpoena, Miller

438 F.3d 1141 · Court of Appeals for the D.C. Circuit · Feb 15, 2005

Echoing this broad view, we have also described Branzburg as “squarely rejecting]” a claim to “general immunity, qualified or otherwise, from grand jury questioning.” … After all, special prosecutors, immune to political control and lacking a docket of other cases, face pressure to justify their appointments by bagging their prey. Cf. Morrison v.