Case law

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.

United States v. Joseph P. Kolter

71 F.3d 425 · Court of Appeals for the D.C. Circuit · Dec 12, 1995

It clearly states that the items “were for the personal use of himself, his family, or his friends.’” … Those would be arguably official uses, and the Rule does not clearly preclude reimbursement of those expenditures.

Natural Resources Defense Council, Inc. v. Lee M. Thomas, Administrator, United States Environmental Protection Agency, Alabama Power Company, American Paper Institute and the National Forest Products Association, National Coal Association, Kennecott, Natural Resources Defense Council, Inc. And Sierra Club, State of Ohio, Intervenors. Ohio Power Company v. Lee M. Thomas, Administrator, United States Environmental Protection Agency, Natural Resources Defense Council, Inc. And Sierra Club, Intervenors

838 F.2d 1224 · Court of Appeals for the D.C. Circuit · Apr 13, 1988

The grandfathering is available where the source owner establishes its reliance on the formula "in establishing an emission limitation," 40 C.F.R. … The fact that a source's stack has been found to comply with a former definition of GEP clearly does not suggest that the stack qualifies under the current, more stringent standard.

Sydney O. Hall v. Claude A. Ford

856 F.2d 255 · Court of Appeals for the D.C. Circuit · Aug 26, 1988

established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally protected interest in freedom of speech. … Second, Hall’s duties as Athletic Director were sufficiently extensive to qualify him as a policy level employee.

International Union, United Automobile v. Donovan

746 F.2d 855 · Court of Appeals for the D.C. Circuit · Oct 23, 1984

There is no way to avoid the interpretation that the qualifying approval (“such approval”) is approval under the conditions of the 1981 amendments. … An agency may, of course, be constrained to expend a certain portion of a lump-sum appropriation on a particular program because that program establishes a system of statutory entitlements over which the agency has no control

Wilbur v. United States ex rel. Barton

46 F.2d 217 · Court of Appeals for the D.C. Circuit · Dec 1, 1930

application for permit, locate such lands in a reasonably compact form and according to the legal subdivisions of the public land surveys if the land be surveyed. * * * ” Section 14 (30 USCA § 223) provides in part that: “Upon establishing … We conclude, therefore, that the mining locations here relied upon fell clearly within the withdrawal order and consequently were prohibited by it.”

American Train Dispatchers Association v. Interstate Commerce Commission and United States of America, Csx Transportation, Inc., Intervenor

26 F.3d 1157 · Court of Appeals for the D.C. Circuit · Jun 28, 1994

The Court declined to decide, however, the issue whether “the scope of the immunity provision [i.e., section 11341(a) ] is limited by § 11347, which conditions approval of a transaction on satisfaction of certain labor-protective … Construing this language, we commented: The statute clearly mandates that “rights, privileges, and benefits” afforded employees under existing CBAs be preserved.

Kenneth P. Prill v. National Labor Relations Board

755 F.2d 941 · Court of Appeals for the D.C. Circuit · Feb 26, 1985

If Prill’s actions might be called “concerted,” almost any actions might be so characterized and the qualifying word that Congress wrote into the statute would effectively be removed from it. … Mushroom Transportation standard differs from the Meyers test principally in that it explicitly states that “a conversation may constitute a concerted activity although it involves only a speaker and a listener, but to qualify

Office of Personnel Management v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Intervenor

864 F.2d 165 · Court of Appeals for the D.C. Circuit · Dec 20, 1988

The proposal would require an agency to select qualified RIF'd employees in preference to applicants from other sources. … In my view, we still await the day when a "proposal concerns a subject matter that Congress clearly intended to be 'appropriate' for bargaining," 803 F.2d at 742 , yet runs afoul of a government-wide rule or regulation. 37

Hugh Kaufman v. Thomas Perez

Court of Appeals for the D.C. Circuit · Mar 14, 2014

(collecting cases)).  4 Even if an employer’s original decision to transfer or terminate an employee is entirely legitimate—or, as here, is immune from challenge because of the running of … Indeed, the majority—correctly—assumes that EPA’s original removal of Kaufman’s Ombudsman functions qualifies as an adverse action. Id. at 14.

United States v. Belt

142 F.2d 761 · Court of Appeals for the D.C. Circuit · May 15, 1944

That there was in 1794 fast land to the east of Water Street as it parallelled the Anacostia River is too clearly shown to be thought to be in doubt. … As a result of these well recognized limitations or subordinations, the right of a riparian proprietor may be properly described as a qualified right (cf.: Greenleaf-Johnson Lbr. Co. v.

Diamond Walnut Growers, Inc. v. National Labor Relations Board

113 F.3d 1259 · Court of Appeals for the D.C. Circuit · May 20, 1997

And Munoz was qualified to fill a forklift operating job, a position that paid between $2.75 and $5.00 per hour more than the walnut cracking and inspecting job she received. … Unlike the typical situation in which, as Town & Country recognized, see — U.S. at-, 116 S.Ct. at 457 , an employer has other remedies to deal with sabotage, those remedies are clearly not adequate here.

National Juvenile Law Center, Inc. v. Alfred S. Regnery, Acting Administrator, Office of Juvenile Justice

738 F.2d 455 · Court of Appeals for the D.C. Circuit · Oct 15, 1984

It bases its argument on the administrative review procedure established in OJJDP’s governing statute. … We therefore hold that the Law Center has failed to establish either of its constitutional claims. IV.

American Equity Investment Life Insurance v. Securities & Exchange Commission

613 F.3d 166 · Court of Appeals for the D.C. Circuit · Jul 21, 2009

However, that is not sufficient to establish that the SEC’s rule is arbitrary or capricious. … According to the Commission, these two cases established that adequate state regulation is not relevant to whether a product qualifies for a § 3(a)(8) exemption.

United States v. Albert W. Coachman

727 F.2d 1293 · Court of Appeals for the D.C. Circuit · Mar 9, 1984

In this role he established accounts for new employees, adjusted individual payroll records, and closed accounts of terminated employees. … Coachman argues that Ballard’s confession did not qualify as a declaration against interest and therefore was inadmissible hearsay. We are satisfied that the confession was not vulnerable on that ground.

National Mining Association v. United States Environmental Protection Agency

59 F.3d 1351 · Court of Appeals for the D.C. Circuit · Sep 21, 1995

EPA clearly is not obliged to take into account controls that are only chimeras and do not really restrain an operator from emitting pollution. … The government maintains that since Congress did not specify what kind of controls would qualify, EPA was free to answer that question.

Reichelderfer v. Johnson

72 F.2d 552 · Court of Appeals for the D.C. Circuit · Jun 25, 1934

In their contentions here both parties appear to loso sight of the traditional and well-established limitations upon writs of mandamus to publie officers, for mandamus will not issue where its effect will be to dictate to … Ed. 836 , These factors, we think, clearly show the inappliea *557 bility of that decision to this ease, and it is also significant that the ostensible effect of the Delaware & Hudson Case was substantially qualified when

Louis Werner Saw Mill Co. v. Helvering

96 F.2d 539 · Court of Appeals for the D.C. Circuit · Mar 7, 1938

our opinion the attitude taken has foreclosed the petitioner from claiming at this late day, the right to choose a different method of taxation, especially one which is now ineffective and which would render the income immune … Therefore the record does not establish an estoppel, even though we assume that a return for a calendar year indicated that the books are kept on [a calendar] basis, as perhaps we should do.

Commonwealth v. U.S. Dep't of Educ.

340 F. Supp. 3d 7 · Court of Appeals for the D.C. Circuit · Oct 12, 2018

Because their laws impose no such requirement, the States suggest, the Department's approach "clearly conflicts with existing precedent in each of the States." Id. … The States' efforts to establish parens patriae standing fare no better.

Harbor Insurance Company, Appellant/cross-Appellee v. Omni Construction, Inc., Appellee/cross-Appellant

912 F.2d 1520 · Court of Appeals for the D.C. Circuit · Aug 28, 1990

That coverage is qualified, however, by Endorsement No. 9 to the policy, entitléd “Engineers and Architects Exclusion (Engineers, Architects or Surveyors Professional Liability),” which excludes from coverage any personal … Analysis Harbor sought to establish at trial that (1) the damage to the Sears building was caused by an error in the design of the sheeting and shoring system; (2) such design work constitutes a “professional service”; and