Case law

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

United States v. Mejia

597 F.3d 1329 · Court of Appeals for the D.C. Circuit · Mar 30, 2010

Here the first links in the chain, i.e., the seizure of the list and its transfer to Agent Fraga ten minutes later, were not established. … See U.S.S.G. § 3E1.1 (defendant who “clearly demonstrates acceptance of responsibility for his offense” is entitled to reduction); see, e.g., In re Sealed Case, 488 F.3d 1011, 1014 (D.C.

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.

New York State Teamsters Conference Pension and Retirement Fund v. Pension Benefit Guaranty Corporation

591 F.2d 953 · Court of Appeals for the D.C. Circuit · Feb 27, 1979

The Act was designed to protect individual pension rights and established minimum financial and fiduciary standards for private employee benefit plans as well as a system of benefit insurance. … For example, both parties were expressly obligated to execute “any and all documents necessary to implement” the agreement, which clearly would include the documents needed to support an application for a ruling from the

National Labor Relations Board v. The Madison Courier, Inc.

505 F.2d 391 · Court of Appeals for the D.C. Circuit · Oct 11, 1974

As all their stories of what the State official said to them and they said to him on those occasions clearly establish they were complying with form rather than substance. … Yet no claimant applied for work in any of these establishments.

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.

United States Department of the Treasury, United States Customs Service v. Federal Labor Relations Authority

43 F.3d 682 · Court of Appeals for the D.C. Circuit · Dec 30, 1994

The Customs Service relies primarily on two rather unpersuasive arguments to establish our subject matter jurisdiction. … Can it be that the FLRA’s interpretation of any “law” — including the Constitution, judicial decisions, or any statute — is immune from judicial review?

Carl Oglesby v. The United States Department of the Army

79 F.3d 1172 · Court of Appeals for the D.C. Circuit · Mar 26, 1996

In short, pursuant to the plain language of both provisions, NARA § 2116 qualifies as the *1178 genre of fee-setting provision not to be “supersede[d]” under FOIA’s subsection (vi) exemption. … Thus we agree with Oglesby that NSA has clearly failed to provide an adequate Vaughn index.

Harbury, Jennifer K. v. Deutch, John M.

244 F.3d 956 · Court of Appeals for the D.C. Circuit · Apr 6, 2001

outside the United States is enough to entitle the defendants to qualified immu- nity. … Under existing caselaw, such action was clearly unconstitu- tional. See Delew v.

Dollar v. Land, Chairman, United States Maritime Commission

184 F.2d 245 · Court of Appeals for the D.C. Circuit · Nov 13, 1950

Appellants say that there, is nothing inconsistent with a pledge in any of these words, that, in fact, they are necessary to establish a pledge. 3. Provision in the agreement authorizing sale clearly indicates a pledge. … We give great weight to the application of this firmly established rule of equity.

Eagle-Picher Industries, Inc. v. United States Environmental Protection Agency

759 F.2d 922 · Court of Appeals for the D.C. Circuit · Apr 16, 1985

As EPA notes, 5 a substance is a “hazardous substance” within the meaning of CERCLA if it qualifies under any of the several subparagraphs of section 101(14). … Petitioners argue that this sentence clearly demonstrates that the Senate, which placed the exception in subparagraph (C), intended, the exception completely to exempt mining wastes and fly ash from CERCLA’s coverage.

Xcel Energy Services Inc. v. Federal Energy Regulatory Commission

815 F.3d 947 · Court of Appeals for the D.C. Circuit · Mar 8, 2016

Power Pool, Order Accepting Formula Rate Proposal and Establishing Hearing and Settlement Judge Procedures (“Order I”), 138 FERC ¶ 61,231, at PP 1, 14, 15. … It argued that the Commission had clearly erred, contrary to the mandate in section 205 to protect consumers from excessive rates, by never fully reviewing Tri- County’s ATRR before allowing SPP’s rates to take effect after

Kubicki ex rel. Kubicki v. Medtronic, Inc.

293 F. Supp. 3d 129 · Court of Appeals for the D.C. Circuit · Feb 5, 2018

parameters and conduct revalidations when processes or designs change, and to ensure that "qualified individuals" perform the validated processes); • 21 CFR § 820.80 (requiring manufacturers, in general, to "establish and … This is to be expected, as any such claims would clearly be preempted. See Riegel , 552 U.S. at 321 -22 , 128 S.Ct. 999 .

Pace v. District of Columbia

135 F.2d 249 · Court of Appeals for the D.C. Circuit · Apr 12, 1943

Clearly, then, as long as his Federal service continued, it is immaterial, in itself, whether the decedent’s residence here lasted twenty-seven days, twenty-seven years, or even longer. … At all times the decedent was registered and qualified to vote in the State of Florida. He exercised this right either in person or by absentee ballot.

William Worthy, Jr. v. Christian A. Herter, Secretary of State

270 F.2d 905 · Court of Appeals for the D.C. Circuit · Jun 9, 1959

factors relating to our broad national welfare and other matters for which the Chief Executive has special responsibility * * 11 The Supreme Court held that the President’s decision was guided by his foreign policy and was immune … His delegation to the Secretary is complete. 12 But, if the power to act rests upon statutes, we think the existing ones are clearly sufficient.

United States v. Tom Malenya

736 F.3d 554 · Court of Appeals for the D.C. Circuit · Dec 3, 2013

Finding the supposed error not to be clear enough to qualify as plain error, we will not review Malenya’s forfeited claim. … Probation Office when you establish a significant romantic relationship, and shall then inform the other party of your prior criminal history concerning your sex of *559 fenses.

Atchison, Topeka & Santa Fe Railway Company v. Interstate Commerce Commission and United States of America, Commonwealth of Pennsylvania, Alabama Power Co., Etc. (The Southern Co.), the National Cotton Council, Commonwealth Edison Co., Consumers Power Co., National Steel Corp., Board of Trade of the City of Chicago, National Industrial Traffic League, American Electric Power Service Corp., Copper Development Assn., Inc., Central Louisiana Electric Co., Farm and Industrial Equipment Institute, Aluminum Assn., Inc., Intervenors. Commonwealth Edison Company v. Interstate Commerce Commission and the United States of America, Commonwealth of Pennsylvania, National Cotton Council, American Electric Power Service Corp., Railroads, Atchison, Topeka, Farm and Industrial Equipment Institute, the National Industrial Traffic League, Intervenors

580 F.2d 623 · Court of Appeals for the D.C. Circuit · May 2, 1978

FTC brief at 19 n.* 16 FTC Brief at 19 n.*, 25 n.*** (expressing a qualified acceptance of the 70% Test for market dominance, while rejecting a counterpresumption of effective competition) 17 In accord with this reading is … for antitrust immunity 30 United States v.

Daskalea v. Washington Humane Society

577 F. Supp. 2d 82 · Court of Appeals for the D.C. Circuit · Sep 9, 2008

While this hypothetical scenario may not be common, it is sufficient to establish that petitioners’ facial challenge must fail. … immunity grounds, which the Court shall address in a separate opinion.