Case law

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.

National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, Party

489 F.2d 1257 · Court of Appeals for the D.C. Circuit · Dec 13, 1973

They must be “persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission.” 29 U.S.C. § 661 (a). 11 . … The employer’s duty is, however, qualified by the simple requirement that it be achievable and not be a mere vehicle for strict liability. 37 .

Independent Insurance Agents of America, Inc. v. Clarke

955 F.2d 731 · Court of Appeals for the D.C. Circuit · Feb 7, 1992

The inconsistency found in those two cases was one where the literal application of a statutory phrase in the Clayton Finality Act would have frustrated a clearly stated purpose of the amendment. … State Tax Comm’n, 309 U.S. 530, 535-37 , 60 S.Ct. 635, 637-38 , 84 L.Ed. 909 (1940) (New York legislature altered trust law and inadvertently immunized certain trusts from taxation; gap corrected by statute); United States

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.

Mobil Pipe Line Co. v. Federal Energy Regulatory Commission

676 F.3d 1098 · Court of Appeals for the D.C. Circuit · Apr 17, 2012

Under FERC’s indexing system, an oil pipeline must establish an initial baseline rate with the Commission. 18 C.F.R. § 342.1(a). … To qualify for market-based rate authority, a pipeline must demonstrate that it lacks market power in its product and geographic markets. 18 C.F.R. §§ 342.4(b), 348.1(c)(1), (2).

National Family Planning and Reproductive Health Association, Inc. v. Louis W. Sullivan, M.D., Secretary, U.S. Department of Health and Human Services

979 F.2d 227 · Court of Appeals for the D.C. Circuit · Nov 3, 1992

(reasonable for state to require that physician, rather than a qualified assistant, provide patient with information on abortion-related matters); id. at -, 112 S.Ct. at 2867-68 (Rehnquist, C.J.) … He is hired to provide only pre-pregnancy family planning and infertility services and must refer the client to other qualified health care professionals for post-pregnancy services.”

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.

Am. Great Lakes Ports Ass'n v. Zukunft

296 F. Supp. 3d 27 · Court of Appeals for the D.C. Circuit · Nov 3, 2017

The Coast Guard admitted in its final rule that "[o]ther factors contribute to delays," but it still argued that "clearly pilot shortfalls are one important factor." Id. at 11,921 . … Even if the Coast Guard's actions in 2015 could be construed as establishing a new policy, the policy is not as broad as Plaintiffs would suggest.

Industrial Union Department, Afl-Cio v. James D. Hodgson, Secretary, Department of Labor, Environmentaldefense Fund, Inc., Intervenor

499 F.2d 467 · Court of Appeals for the D.C. Circuit · Jun 27, 1974

Proponents of standards ranging from zero to twelve fibers appeared, and it is fair to say that the evidence did not establish any one posi *479 tion as clearly correct. … In this situation some reliance on self-policing by employers is clearly necessary.

United States v. Tate

630 F.3d 194 · Court of Appeals for the D.C. Circuit · Jan 14, 2011

Before the district court, however, the government argued that a debriefing was required to qualify for safety-valve sentencing. … He acknowledges, however, that he had the burden to establish by a preponderance of evidence that he was entitled to safety-valve relief. See United States v. Gales, 603 F.3d 49, 52–53 (D.C.

Boris S. Browzin v. Catholic University of America, a Corporation

527 F.2d 843 · Court of Appeals for the D.C. Circuit · Dec 8, 1975

We are unable to conclude that this finding was clearly erroneous. See Rule 52(a), Fed. R.Civ.P. … We are unable to conclude that that finding was clearly erroneous. 16 IV Two other points have been raised.

City of Angels Broadcasting, Inc. v. Federal Communications Commission, Fidelity Television, Inc., Rko General, Inc., Intervenors

745 F.2d 656 · Court of Appeals for the D.C. Circuit · Sep 28, 1984

In mandating Commission acceptance of competing applications for these licenses, we relied heavily upon the well-established principle that the public interest is best served by comparative hearings to determine broadcast … We held that the Commission “ha[d] not adequately accounted for an action destined to prolong by months and in some cases even years licensee RKO’s immunity from competitive challenge and comparative evaluation.”

Teva Pharmaceuticals, USA, Inc. v. Leavitt

548 F.3d 103 · Court of Appeals for the D.C. Circuit · Nov 7, 2008

.”)- The statute provides that, in order to qualify for the 180-day marketing exclusivity under paragraph IV, an ANDA must contain, inter alia: [A] certification ... with respect to each patent which claims the listed drug … Thus, for paragraph IV purposes, a “claim” is simply a description of the subject a patent purports to cover as established by the NDA holder. See Engine Mfrs. Ass’n v.

Stephen Andrew Knight, by His Parent and Next Friend, Nettie Knight v. District of Columbia, a Municipal Corporation

877 F.2d 1025 · Court of Appeals for the D.C. Circuit · Jun 23, 1989

The public school placement was clearly not similar to the student’s prior placement because it did not implement his IEP. … Clearly, Smith is too frail a foundation upon which to support the structure of Mrs. Knight’s argument.

National Wildlife Federation v. Browner

237 F.3d 670 · Court of Appeals for the D.C. Circuit · Jan 30, 2001

Disagreeing, NWF argues that the “resides or transacts business” clause in section 509(b)(1) is a venue provision, that venue in the Ninth Circuit was properly established, and that Industry petitioners’ standing and mootness … of appeals ... is dismissal of the petition for want of jurisdiction, even where the petitioner otherwise can demonstrate standing to bring its petition,” Brief for EPA at 3 , thus either denying review to an otherwise qualified

Grand Union Co. v. Food Employers Labor Relations Ass'n

808 F.2d 66 · Court of Appeals for the D.C. Circuit · Jan 13, 1987

The presumption can be overcome only if the challenger “shows by a preponderance of the evidence that the determination was unreasonable or clearly erroneous.” Id. … Had the Fund agreed to the substitution, Grand Union allegedly would have qualified for the “sale of assets” exemption ( 29 U.S.C. § 1384 ) from withdrawal liability.

National Customs Brokers & Forwarders Ass'n of America, Inc. v. United States

883 F.2d 93 · Court of Appeals for the D.C. Circuit · Jun 30, 1989

It establishes no more than that the phrase “act as an ocean freight forwarder” in the licensing provision, 46 U.S.C. … Section 1703(c) thus limits only the FMC’s power to grant antitrust immunity, not its power to make certain that merged forwarding firms are properly licensed. .

American Petroleum Institute v. U.S. Environmental Protection Agency

198 F.3d 275 · Court of Appeals for the D.C. Circuit · Jan 4, 2000

The Act requires EPA to establish and periodically revise a primary national ambient air quality standard (“NAAQS”) for each air pollutant that the agency identifies as meeting certain criteria. … But this is said simply to distinguish the statute’s mandate of RFG for specified regions, and certainly does not claim that every other city with any ozone pollution would qualify for opt-in.

Tucker, Cornelius v. Branker, G.

142 F.3d 1294 · Court of Appeals for the D.C. Circuit · May 12, 1998

First, the statute newly requires that in order to qualify as an indigent a prisoner must submit both an affidavit stating that he cannot afford to pay the filing fee, 28 U.S.C. s 1915(a)(1), and a certified copy of his … M.L.B. and Boddie are clearly inapposite to this civil case. Tucker's claims do not involve fundamental family-  related concerns, see M.L.B., 117 S.