Case law

United States v. Federal Communications Commission

652 F.2d 72 · Court of Appeals for the D.C. Circuit · Mar 7, 1980

The disputed facts in this case are clearly adjudicative in nature. … Even in cases where the controversy in question is clearly within the agency’s field of expertise, however, a hearing may be useful.

Dana v. Rock Creek Railway Co.

7 App. D.C. 482 · Court of Appeals for the D.C. Circuit · Jan 6, 1896

its tracks within the municipal limits of Washington City: ‘ Grants of privileges or powers to corporate bodies, like those in question, confer no license to use them in disregard of the private rights of others, and with immunity … Green Bay Company, supra, is the expression of common sense, common justice, and common honesty; and as such, although at one time criticised and sought to be restricted and qualified, has received the repeated approval of

United States v. Charles C. Diggs, Jr.

613 F.2d 988 · Court of Appeals for the D.C. Circuit · Jan 30, 1980

Second, we find that the actual scheme to defraud has clearly been established. … Evidence which establishes only that a person has made a mistake in judgment or an error in management or was careless does not establish fraudulent intent.

United States v. Raymond Moore

486 F.2d 1139 · Court of Appeals for the D.C. Circuit · Oct 23, 1973

As I have already indicated, punishment of such a defendant can clearly be justified in terms of deterrence, isolation, and treatment. … Second, the arrangement of the items on the bed indicated clearly that two persons were working there.

Sidney M. Wolfe, M.D., Public Citizen Health Research Group v. Department of Health and Human Services

711 F.2d 1077 · Court of Appeals for the D.C. Circuit · Jul 8, 1983

A threshold inquiry in any FOIA case is whether the documents requested are in fact “agency records.” 3 Although the Act does not contain a definition of the term, the Supreme Court has established that a document qualifies … Establishing who “possesses” documents is a factual determination.

Julius Mullins v. Kaiser Steel Corporation

642 F.2d 1302 · Court of Appeals for the D.C. Circuit · May 4, 1981

But the trustees of a union welfare fund are sometimes immune from contract defenses that could be asserted against the union itself because such a rule better serves the concern of federal labor policy to protect union members … The Court in Connell rejected both of these claims to antitrust immunity.

In re: United States of America

Court of Appeals for the D.C. Circuit · Jul 11, 2025

To prevail, the government must do more than establish that the Military Judge got it wrong. It must clearly and indisputably show that the Military Judge’s application of Rule 705(d)(4)(B) was clearly erroneous. … Callahan, 555 U.S. 223, 237–44 (2009) (acknowledging in the qualified-immunity context that courts may deny claims by finding a right is not “clearly established” without first deciding whether the right

Gerald Hawkins v. Debra Haaland

991 F.3d 216 · Court of Appeals for the D.C. Circuit · Mar 19, 2021

In 1952, Congress had adopted the McCarran Amendment, 43 U.S.C. § 666(a), which waived the United States’ sovereign immunity and granted consent to join the  9 United States in any suit for … Although Congress may abrogate or diminish treaty rights by clearly expressed intent, Minnesota v.

In re: United States of America

Court of Appeals for the D.C. Circuit · Jul 11, 2025

To prevail, the government must do more than establish that the Military Judge got it wrong. It must clearly and indisputably show that the Military Judge’s application of Rule 705(d)(4)(B) was clearly erroneous. … Callahan, 555 U.S. 223, 237–44 (2009) (acknowledging in the qualified-immunity context that courts may deny claims by finding a right is not “clearly established” without first deciding whether the right

Natural Resources Defense Council v. Environmental Protection Agency

749 F.3d 1055 · Court of Appeals for the D.C. Circuit · Apr 18, 2014

EPA’s affirmative defense would immunize certain emissions that petitioners contend should be penalized. Some of petitioners’ members will suffer from those higher emissions, according to their affidavits. … By its terms, Section 304(a) clearly vests authority over private  16 suits in the courts, not EPA.

Daniel Becker v. Federal Communications Commission

95 F.3d 75 · Court of Appeals for the D.C. Circuit · Nov 13, 1996

[T]he test of whether a licensee has fulfilled its obligations under Section 312(a)(7) is one of reasonableness.... 23 * * * * * * 24 While the statute does not establish a precise or definite standard, ... we believe it … Because the equal opportunity requirements "forbid any kind of discrimination by a station between competing candidates," however, channeling clearly implicates the equal opportunity provision of section 315(a). 67 This is

George v. Mitchell

282 F.2d 486 · Court of Appeals for the D.C. Circuit · Oct 14, 1960

I. 3 On the jurisdictional point, we must consider the extent to which Subsection (c) of the Fulbright Amendment 3 to the Walsh-Healey Act has departed from the test of standing established in Perkins v. … See Block, Suits Against Government Officers and the Sovereign Immunity Doctrine, 59 Harv.L.Rev. 1060 (1946). This case falls in the latter category.

National Classification Committee and National Motor Freight Traffic Association, Inc. v. United States of America and Interstate Commerce Commission

765 F.2d 1146 · Court of Appeals for the D.C. Circuit · Jul 5, 1985

Our substantive review of the ICC’s decision is guided by well-established legal principles. … Accordingly, the Commission has clearly provided adequate procedural safeguards in this case. 3 .

Almay, Inc. v. Joseph A. Califano, Jr., Secretary Department of Health, Education and Welfare

569 F.2d 674 · Court of Appeals for the D.C. Circuit · Feb 10, 1978

Eight dermatologists favored testing in which a product would have to demonstrate an extremely low potential for allergic reaction to qualify as hypoallergenic. … The dictionary definition clearly does not support the Commissioner’s decision to define “hypoallergenic” as causing “fewer reactions than some [10% of the market] products.”

Pension Benefit Guaranty Corporation v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

967 F.2d 658 · Court of Appeals for the D.C. Circuit · Jun 26, 1992

Power requested and received a “Kalkines” use immunity. 2 Despite the grant of use immunity, Power refused to respond to many questions, including why he had not provided a written explanation for his failure to return the … The FLRA thus found that the General Counsel had established a prima facie case.

Public Citizen v. Young

831 F.2d 1108 · Court of Appeals for the D.C. Circuit · Oct 23, 1987

Although the clauses have almost identical wording, the context is clearly different. … If this were established, then a no-effect level in rats might be established. Id.; see also 50 Fed. Reg. at 35,786-87.

John Glenn Presidential Committee, Inc. v. Federal Election Commission

822 F.2d 1097 · Court of Appeals for the D.C. Circuit · Jun 23, 1987

Candidates may use the public funds they receive to help defray “qualified campaign expenses”; campaign expenses are not “qualified” if they exceed the limits Congress set, including the limits on spending in each state. … Tallman, 380 U.S. 1, 16 , 85 S.Ct. 792, 801 , 13 L.Ed.2d 616 (1965) (“When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order.”).

Phillip Coltrane v. United States

418 F.2d 1131 · Court of Appeals for the D.C. Circuit · Oct 10, 1969

To throw around him a wall of immunity requiring the testimony of an eyewitness or ‘direct evidence,’ which is more than circumstantial, in support of the prosecutrix’ story is another.” 40 And so it is today that from the … “The crime of rape is not always easy to establish.

John Briggs v. Guy Goodwin, Individually and as Attorney for the Department of Justice (Stafford)

569 F.2d 1 · Court of Appeals for the D.C. Circuit · Dec 1, 1977

only one such court, or a mere handful; 70 in that event, nationwide service would have been a practical necessity clearly consonant with the Constitution. 71 That it was considered expedient to establish federal judicial … At the same time, Goodwin moved for dismissal on grounds of immunity both as a prosecutor and as a witness, but his motion was denied. See Briggs v.

Metropolitan Washington Coalition for Clean Air v. District of Columbia, Metropolitan Washington Coalition for Clean Air v. District of Columbia, a Municipal Corporation

511 F.2d 809 · Court of Appeals for the D.C. Circuit · Apr 4, 1975

is required to enforce the original timetable for Incinerator No. 5's compliance with the District of Columbia Air Quality Implementation Plan.' 7 It concluded, however, that the delay of the closing of the incinerator qualified … 'that his remedy is proper and that the merits of his claim so clearly warrant relief as to justify expedited action.' 21 In this case, the movant established a prima facie case that the pertinent implementation plan, the