Case law

James May v. Shuttle, Inc.

129 F.3d 165 · Court of Appeals for the D.C. Circuit · Jan 9, 1998

“[U]nions should not be able to immunize their members from market forces merely by engaging in conduct virtually certain to provoke anti-union feeling.” Id. at 902. … The Court rejects all of plaintiffs’ state law claims because such claims are clearly preempted by the Railway Labor Act or ERISA.

Rohan Ramsingh v. TSA

40 F.4th 625 · Court of Appeals for the D.C. Circuit · Jul 15, 2022

Given that established meaning, the TSA logically concluded that Ramsingh’s conduct interfered with TSA personnel engaged in screening operations. … Because Ramsingh’s conduct is “clearly proscribed” by the regulation, his as-applied vagueness challenge fails.

United States v. Oral Thompson

921 F.3d 263 · Court of Appeals for the D.C. Circuit · Apr 23, 2019

The Fifth Circuit has held that the language of the venue provision here, despite the use of seemingly mandatory “shall,” does not explicitly establish exclusivity. United States v. … participation in a particular conversation), such witnesses do not have to be qualified as experts.

WOKO, Inc. v. Federal Communications Commission

153 F.2d 623 · Court of Appeals for the D.C. Circuit · Apr 22, 1946

and accurately reflect the facts. “(2) To determine all the circumstances and conditions under which the stock of WOKO, Inc., has been issued, transferred, or assigned. “(3) To determine whether or not the applicant is qualified … The question posed by this appeal is whether it clearly appears that this finding of the Commission is arbitrary or capricious, for the statute provides (U.S.

Robert A. Rodriguez v. Dr. Robert C. Seamans, Jr., Secretary of the Air Force

463 F.2d 837 · Court of Appeals for the D.C. Circuit · Apr 3, 1972

It is also undeniably established in the record that the appellant had a superior work record and was highly thought of by his superiors. … However, the Cole case and its progeny is clearly inapposite.

Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission

449 F.2d 1109 · Court of Appeals for the D.C. Circuit · Jul 23, 1971

Of course, all of these Section 102 duties are qualified by the phrase “to the fullest extent possible.” … Clearly, the review process is an appropriate stage at which to balance conflicting factors against one another.

National Association for Better Broadcasting v. Federal Communications Commission, Kcop Television, Inc., Intervenor

830 F.2d 270 · Court of Appeals for the D.C. Circuit · Sep 29, 1987

Committee on Interstate and Foreign Commerce, 42 which championed the amendments, elucidated the meaning of the expression “service or other valuable consideration” therein. 43 The Committee explained that “the proviso would establish … Commission to devise a workable and legally supportable standard by which it may be ascertained whether such arrangements are so balanced in benefits to program producers and broadcasters, respectively, as to involve exchanges immunized

Ronald Peck v. Selex Systems Integration, In

895 F.3d 813 · Court of Appeals for the D.C. Circuit · Jul 17, 2018

Pillsbury Non-Qualified Pension Plan, 458 F.3d 748, 752 (8th Cir. 2006); Goldstein v. Johnson & Johnson, 251 F.3d 433, 442-44 (3d Cir. 2001). … Cir. 2010) (factual findings not set aside unless “clearly erroneous”).

Boeing Airplane Co. v. Coggeshall

280 F.2d 654 · Court of Appeals for the D.C. Circuit · Jun 9, 1960

Rules 45(d) and 26(b) establish the outer limits of enforcement. … Necessity has been established, at least insofar as the examination sought by the Tax Court is concerned.

Reynolds v. Sheet Metal Workers, Local 102

702 F.2d 221 · Court of Appeals for the D.C. Circuit · Mar 31, 1981

Appellees respond that JAC’s challenges to the propriety of their representation are unfounded, and that they are perfectly well qualified to act on behalf of their class. … The court concluded that JAC was unlikely to carry the burden of establishing the affirmative defense at trial.

Bell v. National Labor Relations Board

259 F.3d 719 · Court of Appeals for the D.C. Circuit · Aug 10, 2001

On the basis of what we now know, we believe there is clearly a question concerning representa- tion that must be resolved. … On June 11, 1999, an Adminis- trative Law Judge (ALJ) found that Pacific Bell had failed in its burden of establishing reasonable doubt, and concluded that the employer had committed unfair labor practices in violation

Stewart v. Azar

308 F. Supp. 3d 239 · Court of Appeals for the D.C. Circuit · Apr 10, 2018

While generally a state must cover all qualified individuals to receive any Medicaid funding, id. § 1396a(a)(10)(B), it may choose not to cover this "expansion population." … Plaintiffs' suit clearly fits that bill. They challenge *247 the Secretary's decision to (1) encourage Section 1115 waivers with work-eligibility requirements and (2) approve Kentucky HEALTH.

National Association of Home Health Agencies v. Richard S. Schweiker

690 F.2d 932 · Court of Appeals for the D.C. Circuit · Sep 14, 1982

Thus, freestanding HHAs had at least a qualified right to choose with whom they dealt. The December 1981 instruction foreclosed that option, eliminating the qualified right. … In full the statute provides: Except as otherwise provided in this sub-chapter and in the Railroad Retirement Act of 1974, the insurance programs established by this subchapter shall be administered by the Secretary.

Gay Union Corporation v. Wallace

112 F.2d 192 · Court of Appeals for the D.C. Circuit · Feb 26, 1940

The opinion approves the action of the Secretary in adopting only two of the three standards established by the Act and in excluding from consideration the third, namely, present ability to market. … showing of ability to market, but solely because the Secretary had decided to ignore that standard and to make all allotments exclusively on the basis of past records in recent years, a standard under which they could not qualify

National Trust for Historic Preservation in the United States v. Federal Deposit Insurance

995 F.2d 238 · Court of Appeals for the D.C. Circuit · May 28, 1993

If the inquiry reveals no congressional concern for the availability of alternative remedies, then clearly the court should not impose such a limitation. … May 7, 1993), slip op. at 7 (Trust had "established absolute irreparable harm” and had shown that it "m[ight] well prevail” on the merits); id., 1993 WL 211773 (D.D.C.

Lorton Blair v. Orville Freeman, Secretary of Agriculture of the United States

370 F.2d 229 · Court of Appeals for the D.C. Circuit · Nov 18, 1966

With irrelevant exceptions no producer located more than 120 miles away may qualify for this nearby differential. … Calling the nearby differential a “location” adjustment does not establish its permissibility. It clearly is not based on the location of delivery to the handler, the terms in which the Act speaks.

Rogers, Cosandra v. Ingersoll Rand Co

144 F.3d 841 · Court of Appeals for the D.C. Circuit · May 29, 1998

Whether a design defect can be established is governed by Subsection (b). (emphasis added).  subsequent injury. … Clearly, the issue of Ingersoll-Rand's notice of a design defect is distinct from the central issue of whether such a defect existed at all.

Randall A. Terry v. Janet Reno, Attorney General of the United States of America

101 F.3d 1412 · Court of Appeals for the D.C. Circuit · Dec 10, 1996

Douds, 339 U.S. 382, 412 , 70 S.Ct. 674, 691 , 94 L.Ed. 925 (1950)), the Access Act defines its terms narrowly and in clearly understandable language. … For the same reasons that the Access Act survives appellants’ First Amendment challenges, it clearly passes this more deferential test.

Marvin K. Hammon United States of America v. Marion S. Barry, Jr., Mayor, D.C. (Two Cases) Kevin Michael Byrne United States of America v. Theodore R. Coleman, D.C. Fire Chief

813 F.2d 412 · Court of Appeals for the D.C. Circuit · Feb 27, 1987

Similarly, a hiring plan that selects unqualified blacks over qualified whites is more injurious than a hiring plan that simply prefers blacks in the selection from among equally qualified applicants. … qualified for that position "); Metrocare v.

Alcoa Power Generating Inc. v. Federal Energy Regulatory Commission

643 F.3d 963 · Court of Appeals for the D.C. Circuit · May 3, 2011

At issue in City of Tacoma was whether the State of Washington had “establish[ed] procedures for public notice” as required by Section 401(a)(1). … North Carolina denies that its agency had any such intention, and if it had, it would have said so more clearly.