Case law

Golden v. Mgmt. & Training Corp.

319 F. Supp. 3d 358 · Court of Appeals for the D.C. Circuit · Aug 6, 2018

However, neither of these cases establish as strict a pleading requirement as MTC suggests. In Chacko v. … To establish a prima facie case of age discrimination under the McDonnell Douglas framework, an employee must establish that "he belongs in the statutorily protected age group, he was qualified for the position, he was terminated

United States v. Robert D. Hazel

928 F.2d 420 · Court of Appeals for the D.C. Circuit · Mar 15, 1991

The trial judge rejected Hazel’s claim that he was not a career offender because a set-aside conviction would not qualify as an expunged conviction under § 4A1.2(j), note 10. … Moreover, this interpretation is consistent with legislative intent to establish only “a limited practice of appellate review of sentences in the Federal criminal justice system.” S. Rep.

Halberstam v. Welch

705 F.2d 472 · Court of Appeals for the D.C. Circuit · Apr 12, 1983

As pristine legal concepts, conspiracy and aiding-abetting can be distinguished clearly enough. … First, several courts have struggled over the question of whether silence and inaction alone can qualify as “substantial assistance.”

Barnes v. Kline

759 F.2d 21 · Court of Appeals for the D.C. Circuit · Apr 12, 1985

Clearly, then, Massachusetts v. Mellon did not establish that governmental officials and entities necessarily and always lack standing to raise claims of infringement of lawful functions. … Wright Court's treatment of the "fairly traceable" requirement even more clearly takes a separation-of-powers approach.

Le Roy B. Jones v. Unknown Agents of the Federal Election Commission

613 F.2d 864 · Court of Appeals for the D.C. Circuit · Aug 23, 1979

Appellees also argued that, in any event, they were individually immune from suit. … Neither the District Court, nor we, reach the question of appellees’ official immunity from suit. 12 .

DOJ v. FLRA

266 F.3d 1228 · Court of Appeals for the D.C. Circuit · Oct 9, 2001

App. s 3(a), which requires that each Inspector General shall "report to and be under the general supervision of the head of the establishment in- volved...." … Thus the later reference to "law enforcement officials" clearly means "FBI officials" or the like, not an agency's OIG officials pursuing a criminal investigation on their own.

McBryde v. Committee to Review Circuit Council Conduct & Disability Orders of the Judicial Conference of the United States

264 F.3d 52 · Court of Appeals for the D.C. Circuit · Sep 21, 2001

Ray, the Court stated that “[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction.... … Yet the Committee fails to establish that these incidents, taken together, were clearly abusive.

United States v. Jared Cardoza

713 F.3d 656 · Court of Appeals for the D.C. Circuit · Apr 12, 2013

The Government first argues that the District Court clearly erred in finding that the police officer’s statements in the warrant affidavit were made with reckless disregard for the truth. … Efforts to establish probable cause based on affidavits less substantial than the corrected and qualified affidavit now before this Court are unlikely to inch over the threshold.

National Welfare Rights Organization v. Finch

429 F.2d 725 · Court of Appeals for the D.C. Circuit · Jun 9, 1970

Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), confirm the substantiality of qualified welfare recipients’ interest in benefits. See King v. … Establishment of criteria for need and other factors of eligibility is left largely to the states. King v.

Bricklayers & Stone Masons Union, Local No. 2 v. National Labor Relations Board

562 F.2d 775 · Court of Appeals for the D.C. Circuit · Aug 9, 1977

Thus the picket line clauses as interpreted and applied by the arbitrator were clearly in violation of Section 8(e) as having authorized in advance a refusal to cross a secondary picket line. … Congress made clear its intention that such construction site clauses could only be enforced by lawsuits and not by strikes or other economic action. 65 The instant picket line clauses, as interpreted by the arbitrator, immunize

Andre Williams v. Marion Barry, Individually and in His Official Capacity as Mayor of the District of Columbia

708 F.2d 789 · Court of Appeals for the D.C. Circuit · Jun 3, 1983

case, the Fifth Amendment required only notice of a planned closing and an opportunity to present written comments and (2) the court's declaration that a decision implemented in accordance with these procedures would be immune … It ought to be recognized as such, lest judges grow accustomed to the suggestion that they may control any process and begin to assume powers that clearly are not theirs. 1 See Affidavit of Gladys W.

The Center for Law and Education v. Department of Education

396 F.3d 1152 · Court of Appeals for the D.C. Circuit · Feb 16, 2005

With respect to the organizational plaintiffs, the NCLBA clearly did not create procedural rights designed to protect their concrete interests. … With respect to Lindsey, the NCLBA did not clearly create such a right; but as the next section of this standing analysis makes clear, even if NCLBA did create such a right, she has not suffered injury sufficient to establish

Carita Richardson, Infant, by S. & E. Richardson, Guardians v. Richardson-Merrell, Inc., a Delaware Corporation

857 F.2d 823 · Court of Appeals for the D.C. Circuit · Sep 27, 1988

established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists. … To create such an issue, an expert must be qualified to testify as to causation and the opinion given must have an adequate foundation. Our treatment of Dr.

United States v. Troy Sargent

103 F.4th 820 · Court of Appeals for the D.C. Circuit · Jun 7, 2024

Sargent’s intent to commit that additional civil unrest felony qualified his conduct as an aggravated assault. … The structure of the initial versions of the Guidelines clearly demonstrates § 2A2.2 was designed to apply to offenses that involve assault with intent to commit any felony from the beginning.

Wilson v. Block

708 F.2d 735 · Court of Appeals for the D.C. Circuit · May 20, 1983

The Ranch’s natural setting is not one of the characteristics that qualified it for listing. … Congress in 1979 clearly believed that § 7(a)(2) applied only to listed species. See the discussion infra.

Roller v. Murray

46 App. D.C. 246 · Court of Appeals for the D.C. Circuit · Apr 2, 1917

Clearly this amounted only to the creation of Hollingsworth, a trustee for plaintiff to dispose of the lands and to turn over to plaintiff one fifth of the proceeds. … Qualifying a similar rule to that stated above, in Stark v. Starr, 94 U.

Mail Order Ass'n of America v. United States Postal Service

2 F.3d 408 · Court of Appeals for the D.C. Circuit · Aug 24, 1993

All qualifying letters would be entitled to a two-cent discount. … Fifth, it is undisputed that the Commission considered the cost-reducing effects of mailer preparation, as required by subsection (b)(6), by establishing “pre-sort discounts” for qualifying BRR mail. See id. at V-164.

American Federation of Musicians and Its Local Union No. 174 v. Federal Communications Commission, Loyola University, Intervenor

356 F.2d 827 · Court of Appeals for the D.C. Circuit · Feb 11, 1966

presentations; that this economic interest has been injured by Loyola’s failure to program more live music and to use union musicians to the degree that it had promised; and that this economic interest is “plainly sufficient” to qualify … Loyola did establish preferences over the other applicants on the basis of its past record of performance in the operation of' standard broadcast station WWL, as well as on the issue of diversification of media of mass communication

In re: NTE Connecticut, LLC

26 F.4th 980 · Court of Appeals for the D.C. Circuit · Feb 24, 2022

(“ISO-NE”) to have the project “qualified.” ISO-NE is the independent system operator authorized by FERC to manage the regional grid. … A facility with a CSO is automatically “qualified” to participate in future ISO-NE auctions.

Young v. United States

212 F.2d 236 · Court of Appeals for the D.C. Circuit · Jun 7, 1954

He denied that he made an official recommendation and said that he was not qualified to write a report on so large a loan. … Properly stated it is that “the uncorroborated oath of one witness is not enough to establish, for purposes of conviction of perjury, the falsity of sworn testimony.” Maragon v.