Case law

Elder v. Brannan, Secretary of Agriculture. Furman v. Brannan, Secretary of Agriculture

184 F.2d 219 · Court of Appeals for the D.C. Circuit · Jun 15, 1950

No person shall be appointed unless (1) he has qualified by passing an appropriate examination prescribed by the Board or, (2) in case of special emergency, the Board has authorized his appointment subject to subsequent examination … The record does not clearly show that any war service appointee of Elder’s grade or lower, with a classification for retention preference inferior to subgroup B-l, was retained when he was discharged, so it does not appear

George WA Univ v. DC

Court of Appeals for the D.C. Circuit · Feb 14, 2003

Cir. 1995), the Third Circuit held that an ownership interest in the land qualifies. … Of course, some of these qualifying criteria are by no means self-defining.

State of New York v. Meta Platforms, Inc.

66 F.4th 288 · Court of Appeals for the D.C. Circuit · Apr 27, 2023

The States’ claim of immunity from laches encounters another difficulty – it tends to place the States on the horns of a dilemma. … To be sure, a “complaint seldom will disclose undisputed facts clearly establishing the defense” of laches. Menominee Indian Tribe, 614 F.3d at 532.

Kennedy For President Committee v. Federal Communications Commission

636 F.2d 417 · Court of Appeals for the D.C. Circuit · Aug 6, 1980

the Commission has given it rather full sway. 30 Four types of programming, however, are statutorily deemed nonuses of a broadcasting station, and thus are exempted from this requirement. 31 One-embraced by Exemption 4-immunizes … Application of Aspen and Chisholm as Precedents 22 The first contention advanced by petitioner is that the Commission "woodenly applied" Aspen by improperly treating it as establishing a per se rule.

United States v. Gaviria

116 F.3d 1498 · Court of Appeals for the D.C. Circuit · Jun 27, 1997

The government clearly met its burden here. … Neither of those findings would have been clearly erroneous.

United States v. Valdes, Nelson

475 F.3d 1319 · Court of Appeals for the D.C. Circuit · Feb 24, 2006

But in Muntain we clearly rejected the idea that such a use of government resources was in itself an “official act” within the meaning of § 201(a)(3). … See also § 201(c)(1)(B) (containing the same qualifying clause).

Pappas v. Federal Communications Commission

807 F.2d 1019 · Court of Appeals for the D.C. Circuit · Dec 19, 1986

This problem, a recurring one, led Congress to authorize the Commission, at its discretion, to grant licenses or construction permits to qualified applicants by conducting a lottery instead of initial comparative hearings … Clearly, Congress did not expressly include women in the statutory definition of “minority group,” as that term is used in 47 U.S.C. § 309 (i)(3)(C)(ii). Petitioner concedes as much.

E.I. Du Pont De Nemours and Company v. Federal Deposit Insurance Corporation, Receiver for United National Bank of Washington

32 F.3d 592 · Court of Appeals for the D.C. Circuit · Aug 26, 1994

The FDIC claims immunity on the basis of a federal common law doctrine that originated with the D'Oench case. … FDIC, 915 F.2d 1013, 1015 (5th Cir.1990), but it has been seen to be fully justified by a well-established national policy that protects federal insurers (and the taxpayers they represent) against challenges based on unrecorded

Edelman v. Sec. & Exch. Comm'n

302 F. Supp. 3d 421 · Court of Appeals for the D.C. Circuit · Mar 23, 2018

SEC, the ESRT "filed the Form S-4 registration statement that involved a consent solicitation to approve the consolidation of several properties, including [the Empire State Building], into [the] ESRT[,] which would then qualify … But, given the Court's conclusion that the risk of retaliation and harassment is sufficient to establish a substantial privacy interest, the Court need not rely on this additional basis for the SEC's decision.

Church of Scientology of California v. Shirley Foley

640 F.2d 1335 · Court of Appeals for the D.C. Circuit · Oct 20, 1981

They did not then claim official immunity from suit, but in their dismissal motion they made known their *1337 intention to address that subject if the motion was denied. App. 14. … Because the motion was successful, an immunity defense never emerged. .

McNamara v. Picken

866 F. Supp. 2d 10 · Court of Appeals for the D.C. Circuit · Jan 11, 2012

A motion pursuant to Rule 12(c) is appropriately granted when, at the close of the pleadings, “no material issue of fact remains to be resolved, and [the movant] is clearly entitled to judgment as a matter of law.” … See also Howard Univ., 22 A.3d at 786 n. 12 (discussing qualified privilege as an affirmafive defense).

Taylor v. District of Columbia

24 App. D.C. 392 · Court of Appeals for the D.C. Circuit · Dec 13, 1904

The other reasons, assigned on behalf of the plaintiff in error in the motion made in the court below for his discharge, are so clearly untenable that they are nowhere mentioned in the brief *396 filed on bis behalf, and … The ultimate proposition which it seeks to establish is one that no person denies, namely, that primarily the whole of what is called the police power of the State resides in the State itself, to be exercised whenever necessary

Advanced Micro Devices v. Civil Aeronautics Board

742 F.2d 1520 · Court of Appeals for the D.C. Circuit · Sep 7, 1984

In the late 1970's Congress quite clearly reduced CAB control over domestic and international passenger service and over domestic cargo service. … No maximum increase for container GCR’s was established.

United States ex rel. Southern Pacific Railroad v. Lane

46 App. D.C. 74 · Court of Appeals for the D.C. Circuit · Feb 6, 1917

The scope of the proviso may be understood more clearly by a brief reference to the legislation of which it forms a part. The Sundry Civil Act of October 2, 1888 (25 Stat. at L. 526, 527, chap. 1069, Comp. … Iffie lands here involved, until selected, were a part of the public domain subject to be taken up by any qualified citizen under the general land hrws of the United States.

United States v. Love

593 F.3d 1 · Court of Appeals for the D.C. Circuit · Jan 22, 2010

A photograph of an adult’s genitals does not qualify. … It prohibits visiting certain establishments—including, presumably, many bookstores and newsstands—regardless of whether Love possesses pornography while he is there.

Transamerican Trailer Transport, Inc. v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc., and Walleniusrederiena, United Fruit Company, Intervenors. Commonwealth of Puerto Rico v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc., Intervenor. Wolfsburger Transport-Gesellschaft, M.B.H. v. Federal Maritime Commission and United States of America, Walleniusrederiena ('Wallenius Line'), Intervenors. New York Shipping Association v. Federal Maritime Commission and United States of America, Commonwealth of Puerto Rico, Intervenors. Seatrain Lines, Inc. v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc., Intervenor. Sea-Land Service, Inc. v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc., Intervenor. Daniels & Kennedy, Inc., and the Madden Corporation v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc., Intervenor

492 F.2d 617 · Court of Appeals for the D.C. Circuit · Feb 14, 1974

They participated in the proceedings before the Commission, and clearly have standing to seek review in this court. 3 The diverse and contradictory positions advanced by petitioners reveal the difficulty of allocating the … Once approved, Section 15 immunizes the parties from antitrust liability. 46 U.S.C. 814. See generally Volkswagen, supra, at 271 , 88 S.Ct. 929 ; American Union Transport v.

Metropolitan Washington Coalition v. District of Columbia

511 F.2d 809 · Court of Appeals for the D.C. Circuit · Apr 4, 1975

is required to enforce the original timetable for Incinerator No. 5’s compliance with the District of Columbia Air Quality Implementation Plan.” 7 It concluded, however, that the delay of the closing of the incinerator qualified … In ruling on a motion for summary reversal, we must consider whether the movant has met his heavy burden of establishing “that his remedy is proper and that the merits of his claim so clearly warrant relief as to justify

CSX Transportation, Inc. v. Surface Transportation Board

75 F.3d 696 · Court of Appeals for the D.C. Circuit · Feb 16, 1996

Clearly, the ICC was not required to adopt CSXT’s argument that the phrase “in anticipation of’ requires an employee to show the railroad’s plans. … The provisions shall be at least as beneficial to those interests as the provisions established under sections 11347 and 24706(c) of this title.

Southwestern Public Service Company v. Federal Energy Regulatory Commission

952 F.2d 555 · Court of Appeals for the D.C. Circuit · Jan 14, 1992

Id. at 61,123. 4 10 The trouble with Southwestern's argument is that FERC's language in Public Service Co. of New Mexico was drastically and clearly in error. … At the other extreme, it could refuse to consider any offsetting changes--or at any rate any except for ones that themselves qualified to trigger a spot adjustment.

United States v. Joseph E. Smith

521 F.2d 957 · Court of Appeals for the D.C. Circuit · Oct 23, 1975

It is well established that while a writing used to refresh a witness’ memory is not ordinarily admissible, see, e. g., Young v. … You must not consider the prior statement as establishing the truth of any fact contained in that prior statement. Tr. 158-159. 9 .