Case law

Jack Siegel v. William E. Bookhultz & Sons, Inc., St. Paul Fire and Marine Insurance Co.

419 F.2d 720 · Court of Appeals for the D.C. Circuit · Aug 28, 1969

For the same reason, *723 we need not inquire whether the questioned fees would normally qualify as costs “as between solicitor and client,” 16 which St. … We perceive no policy, legislative or judicial, to be served by immunizing St.

Jiggetts v. District of Columbia

319 F.R.D. 408 · Court of Appeals for the D.C. Circuit · Jan 13, 2017

For example, Plaintiffs include a host of facts that relate to their employment but do not clearly pertain to the legal claims they allege, such as descriptions of allegedly discriminatory conduct to which other individuals … Compl. ¶¶22-23 (complaining about the selection of McKinney, a less-qualified “Caucasian female,” to a position that “Jiggetts did not apply for” because Cipullo’s alleged racial bias discouraged Jig-getts from pursuing it

Washington Area Carpenters' Welfare Fund v. Overhead Door Co.

681 F.2d 1 · Court of Appeals for the D.C. Circuit · Jun 15, 1982

Since the Funds failed to establish the majority status of the Union, the agreements could not be enforced. … An employer who had signed a prehire agreement established a separate company for the purpose of doing business with nonunion employees.

Novecon Ltd. v. Bulgarian-American Enterprise Fund

190 F.3d 556 · Court of Appeals for the D.C. Circuit · Sep 3, 1999

In the District of Columbia, "parties will not be bound to a prelimi- nary agreement unless the evidence presented clearly indi- cates that they intended to be bound at that point." Jack Baker, 664 A.2d at 1239. … District of Columbia law makes it very difficult for a plaintiff to overcome a qualified privilege.

John Mann v. David Castiel

681 F.3d 368 · Court of Appeals for the D.C. Circuit · Jun 1, 2012

Rule 4(d) contains a procedure for establishing waiver of service of a summons. … In that motion defendants clarified that while they had received a copy of the summons and complaint from “some person,” it was “unknown” whether this person was qualified to serve process.

National Council of Resistance of Iran v. Department of State

251 F.3d 192 · Court of Appeals for the D.C. Circuit · Jun 8, 2001

Therefore, the fact that the PMOI had not established a constitutional presence in the United States in 1997 under its own name cannot possibly establish that neither the PMOI nor the NCRI had established a presence by 1999 … The other two consequences of the designation less clearly implicate interests protected by the Due Process Clause.

Usv Pharmaceutical Corporation v. Secretary of Health, Education & Welfare and Commissioner of Food & Drugs, No.24900

466 F.2d 455 · Court of Appeals for the D.C. Circuit · Aug 14, 1972

The regulations further provide that: When it clearly appears from the data in the application and from the reasons and factual analysis in the request for the hearing that there is no genuine and substantial issue of fact … to his opponent the burden of establishing the contrary.

In re Search of [Redacted] Wash.

317 F. Supp. 3d 523 · Court of Appeals for the D.C. Circuit · Jun 26, 2018

Therefore, "[t]o qualify for the Fifth Amendment privilege, a communication must be: (1) testimonial, (2) incriminating, and (3) compelled." Hiibel , 542 U.S. at 189 , 124 S.Ct. 2451 . … The prosecutor then produced a court order requiring him to respond to the subpoena and granting him immunity to the extent allowed by law. Id.

Nat'l Ass'n v. Trump

298 F. Supp. 3d 209 · Court of Appeals for the D.C. Circuit · Apr 24, 2018

At this stage of the litigation, these allegations are sufficient to establish the NAACP's standing-which, in turn, is sufficient to establish the standing of the other two plaintiffs in the NAACP action. … And both types of decisions are substantially immunized from judicial review in the criminal context. See United States v.

Dr. Alfred Milbert v. Dr. C. Everett Koop, U.S. Surgeon General

830 F.2d 354 · Court of Appeals for the D.C. Circuit · Oct 6, 1987

Section 504 provides that “no otherwise qualified individual ... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program … Thus, by its 1978 amendments to the Rehabilitation Act, Congress clearly recognized both in section 501 and in section 504 that individuals now have a private cause of action to obtain relief for handicap discrimination on

National Ass'n of Regulatory Utility Commissioners v. Interstate Commerce Commission

41 F.3d 721 · Court of Appeals for the D.C. Circuit · Dec 2, 1994

The insurance industry petitioners join the qualified state petitioners in challenging the ICC’s copy rule. … The statute directs the ICC to “establish a fee system ... that ...

American Chemistry Council v. Department of Transportation

468 F.3d 810 · Court of Appeals for the D.C. Circuit · Oct 13, 2006

of Congress as expressed in the Act; (2) the Department failed to adequately consider or address the security implications of its Final Rule, as required by the Homeland Security Act of 2002; (3) the Department failed to clearly … But it is not otherwise sufficient to establish Hasa’s standing.

Nation v. Azar

302 F. Supp. 3d 429 · Court of Appeals for the D.C. Circuit · Mar 27, 2018

Qualified organizations can receive grants for up to 80% of Head Start program costs. 42 U.S.C. § 9835 (b). … The reduction letter did not clearly convey appeal rights: it did not use the word "appeal," nor did the letter state that additional information could change HHS's initial decision.

Wash. Alliance of Tech. Workers v. U.S. Dep't of Homeland SEC.

892 F.3d 332 · Court of Appeals for the D.C. Circuit · Jun 8, 2018

A. 1992 Regulation In 1992, the DHS promulgated a regulation that established an “optional practical training” (OPT) program for a nonimmigrant admitted with an F-1 student visa. … We further address application of Local Rule 7(b), infra at Part II.B.1. 4 Section 2401(a) “is a jurisdictional condition attached to the government’s waiver of sovereign immunity.” Spannaus v.

Transbrasil S.A. Linhas Aereas v. Department of Transportation

791 F.2d 202 · Court of Appeals for the D.C. Circuit · Jun 3, 1986

The FAA denied Transbrasil’s exemption request under its general exemption powers but found that the airline qualified for relief under the Hawkins-Chiles Amendment. S.A. at 148. … The language and history of the Hawkins-Chiles Amendment clearly establish that Transbrasil is entitled to continue flying at the frequency it maintained during a representative time period of actual operation in the twelve

David J. K. Granfield v. The Catholic University of America, a District of Columbia Corporation. Joseph A. Broderick v. The Catholic University of America, a District of Columbia Corporation

530 F.2d 1035 · Court of Appeals for the D.C. Circuit · Jan 29, 1976

The salary scale for priests in a church-related institution clearly appears to be an internal matter of the religious institution affected. … Secular as well as Catholic colleges and universities are willing to bid for qualified Catholic teachers, including priests. The situation has become critical and even desperate.

United States v. Mapp, Sterling

476 F.3d 1012 · Court of Appeals for the D.C. Circuit · Feb 20, 2007

Adamson, 441 F.3d 513, 519 (7th Cir. 2006) (“[A] credibility determination will be found clearly erroneous only if the district court has chosen to credit exceedingly improbable testimony.” … (“It is the fact of the lawful arrest which establishes the authority to search . . . .”).

Whitney National Bank v. Bank of New Orleans & Trust Co.

323 F.2d 290 · Court of Appeals for the D.C. Circuit · Aug 14, 1963

Clearly, then, under the allegations of their complaint, the three state banks have standing. … Since Whitney-Jefferson clearly is not an affiliate, the question is whether the elaborate and ingenious scheme of reorganization devised by Whitney-New Orleans results in what is in reality the establishment of a branch

Hammon v. Barry

826 F.2d 73 · Court of Appeals for the D.C. Circuit · Aug 14, 1987

Applying those standards to the facts before it, the Johnson Court concluded that the “manifest imbalance” predicate was clearly shown in the job classification at issue. … The employer in that case had "no intention of establishing a work force whose permanent composition is dictated by rigid numerical standards." Id. at 1457; see also id. at 1454.

Matthew Green v. DOJ

Court of Appeals for the D.C. Circuit · Aug 2, 2024

An individual who circumvents technological protection measures on a copyrighted work to make fair use of the work is immunized by the fair use defense from liability for infringing the copyright. … Even many fair or noninfringing uses for which the Librarian of Congress has authorized circumvention do not qualify as expressive.