Case law

United States ex rel. Rhodes v. Helvering

84 F.2d 270 · Court of Appeals for the D.C. Circuit · May 4, 1936

It appears by the amended allegations of the petition and the answer filed in the -lower court that on and prior to July 15, 1933, appellant was employed in the Bureau, of Internal Revenue as a duly qualified, classified … I think the pertinent statutes, executive orders and rules and regulations in the instant situation so clearly required consideration of the appellant’s rating that no exercise of discretion was involved.

Wilkinson v. Lincoln

46 App. D.C. 193 · Court of Appeals for the D.C. Circuit · Mar 6, 1917

The rule is clearly stated in Fechteler v. Palm Bros. & Co. 66 C. C. A. 336 , 133 Fed. 462 , by Mr. … It, at most, only tended to establish a community of interest in the property, but not in the profits.

Communications Vending Corp. of Arizona, Inc. v. Federal Communications Commission

365 F.3d 1064 · Court of Appeals for the D.C. Circuit · Apr 30, 2004

Communica- tions, and the CFC Remand Order all clearly established that ‘‘ ‘end users’ of public payphones are exempt from the EUCL charges,’’ id. … The Commission rejected the IPPs’ theory that their cause of action did not accrue until the unlawful- ness of the charges was clearly established. See id. at 24,223, ¶ 52.

Air Transport Ass'n of America v. Department of Transportation

900 F.2d 369 · Court of Appeals for the D.C. Circuit · Apr 13, 1990

As FAA counsel acknowledged at oral argument, the first of the two claims, the procedural challenge, is clearly ripe for review. … But, as the case law clearly illustrates, there is no such “distinction" to obliterate for purposes of section 553(b)(A).

ANR Pipeline Co. v. Federal Energy Regulatory Commission

988 F.2d 1229 · Court of Appeals for the D.C. Circuit · Mar 26, 1993

FERC responded with a succession of orders establishing a crediting system to mitigate the effects of open access. … The disputed passage of Order No. 500-1, as now understood, radically qualifies the latitude offered by this portion of Order No. 500-H.

Mytinger & Casselberry, Inc., Lee S. Mytinger and William S. Casselberry v. Federal Trade Commission

301 F.2d 534 · Court of Appeals for the D.C. Circuit · Mar 1, 1962

Morton Salt Co., 334 U.S. 37 , 68 S.Ct. 822 , 92 L.Ed. 1196 , and after an extended review of other cases, concluded, “the qualifying clause of § 3 is satisfied by proof that competition has been foreclosed in a substantial … The latter are not so easily established as are outlets for Nutrilite or competitive products.

Liddle & Robinson v. Kidder Peabody & Co

146 F.3d 899 · Court of Appeals for the D.C. Circuit · Jun 23, 1998

Although the district court clearly intended to retain jurisdiction over the stayed actions, Liddle & Robinson maintains that it could not do so under the Arbitration Act. … To the contrary, the record makes clear that, no matter which standard applies, the district court found that Liddle & Robinson's actions qualified.

Department of the Treasury, Internal Revenue Service v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

707 F.2d 574 · Court of Appeals for the D.C. Circuit · May 6, 1983

Proposal 10 20 also entails a reference to “relevant and material” questions; it further requires advice on immunity to which the IRS has addressed less than crystalline argument. … Such an approach is clearly arbitrary and capricious.”). 26 . Our concern that the Authority decide like cases in a like manner has focused on Proposal 11.

Kentron Hawaii, Limited v. John W. Warner, Secretary of the Navy International Brotherhood of Electrical Workers, Afl-Cio, an Unincorporated Association Local 1260, International Brotherhood of Electrical Workers, Afl-Cio v. John W. Warner, Secretary of the Navy

480 F.2d 1166 · Court of Appeals for the D.C. Circuit · Jun 15, 1973

Twenty-one firms responded, and the sixteen considered potentially qualified were issued Requests for Proposals. 8 Initial responses were submitted on 26 October 1970. … There is serious doubt that such a reason not to make a wage determination qualifies under any statutory standard consistently with the remedial purposes of the Act.

Viasat, Inc. v. FCC

47 F.4th 769 · Court of Appeals for the D.C. Circuit · Aug 26, 2022

The Group’s affidavit is too conclusory to establish organizational standing. … Comm’n, 432 U.S. 333, 343 (1977), but the Group has not shown that it qualifies as a membership association.

New York State Ophthalmological Society v. Otis R. Bowen, Secretary, Health and Human Services

854 F.2d 1379 · Court of Appeals for the D.C. Circuit · Aug 19, 1988

Not all choices are indispensable to the preservation of health or represent a clearly preferable medical alternative. … These professions of necessity and anecdotal individual cases fail to qualify as competent factual support for appellants’ assertions.

A.L. Pharma, Inc. v. Donna E. Shalala

62 F.3d 1484 · Court of Appeals for the D.C. Circuit · Aug 25, 1995

To establish bioequivalency, Philips Rox-ane commissioned Dr. … The evidence presented to the district court clearly indicates that the FDA did not violate the terms of section 514.1(a).

Mercy Gen. Hosp. v. Azar

344 F. Supp. 3d 321 · Court of Appeals for the D.C. Circuit · Sep 29, 2018

Objs. at 3, or, alternatively, even if the must-bill policy is lawful: (2) "the Secretary should be ordered to accept the alternative documentation the [p]laintiffs submitted" under "PRM [§] 1102.3L, which clearly provided … Thus, § 322 does not independently establish a remittance advice requirement.

Foster v. Sedgwick Claims Management Services, Inc.

842 F.3d 721 · Court of Appeals for the D.C. Circuit · Nov 29, 2016

An “employee welfare benefit plan” includes: any plan, fund, or program which was . . . established or maintained by an employer . . . to the extent that such plan, fund, or program was established or is … Corp., 326 F.3d 1367, 1373 (11th Cir. 2003) (applying 29 C.F.R. § 2510.3-1(b) to a benefit program that would “clearly qualify as an ERISA plan but for its specific exemption by a reasonably justified regulation”).

Teleprompter Cable Systems, Inc. v. Fcc

543 F.2d 1379 · Court of Appeals for the D.C. Circuit · Aug 26, 1976

with the nature of the 1975 Johnstown hearings, however, we conclude that the Commission's action was arbitrary and cannot be justified under either of these principles. 30 The case law tracing the Root Refining doctrine clearly … establishes that the power to disqualify the corrupter stems from the inherent power of a tribunal to vacate its own tainted judgments.

Charles E. Shelley v. William E. Brock, Secretary of Labor

793 F.2d 1368 · Court of Appeals for the D.C. Circuit · Jun 27, 1986

Thus, Dunlop and Heckler establish that review of the Secretary’s decision under the LMRDA is not barred by the Administrative Procedure Act. 5 U.S.C. § 701 (a)(2). … Finally, we note that “when a legal challenge focuses on an announcement of a substantive statutory interpretation, courts are emphatically qualified to decide whether an agency has acted outside of the bounds of reason.”

United States v. Booker

496 F.3d 717 · Court of Appeals for the D.C. Circuit · Aug 10, 2007

Delfin-Colina, 464 F.3d 392, 399 (3d Cir.2006) (“In situations where an objective review of the record evidence establishes reasonable grounds to conclude that the stopped individual has in fact violated the traffic-code … We believe that Booker, like Mapp, qualifies as a “recent occupant,” and accordingly, the search of his vehicle was proper.

Fred E. Christian v. K.M. Hawk, Assistant Director

923 F.2d 200 · Court of Appeals for the D.C. Circuit · Oct 1, 1990

Nor did Christian demonstrate that Hawk's actions "violate[d] [his] clearly established statutory or constitutional rights." See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Therefore, the district court's conclusion that these claims were barred by qualified immunity was correct.

Alliance for Community Media v. Federal Communications Commission

56 F.3d 105 · Court of Appeals for the D.C. Circuit · Jun 6, 1995

Petitioners’ third way of establishing state action relies on section 10(d) of the 1992 Act, the provision removing the civil and criminal immunity of cable operators for obscene programming carried on their access channels … Indecent leased access programming thus hardly qualifies as an “invited guest,” see Judge Wald, dissenting, at 139.

New Negro Alliance v. Sanitary Grocery Co.

92 F.2d 510 · Court of Appeals for the D.C. Circuit · Jul 26, 1937

We are clearly of the opinion that this is not a labor dispute. It is a racial dispute in which appellants have admittedly confederated together to impose on appellee definite terms in the employment of its help. In A. … involves the curtailment of some temporal interest of employer, non-union employee, and frequently the public. . . . * * * "The damage inflicted by combative measures of a union — the strike, the boycott, the picket — must win immunity