Case law

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

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 .

Hensley v. United States

292 F. Supp. 3d 399 · Court of Appeals for the D.C. Circuit · Feb 22, 2018

The Air Force denied Hensley's claim, concluding that Hensley had not shown that his injury qualified him for TSGLI benefits. … Thus, when boards for correction of military records have rejected key evidence that, if true, would clearly establish the applicant's entitlement to relief, courts have been unwilling to infer reasons that the boards did

U.S. Department of the Treasury, Internal Revenue Service v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor. U.S. Department of Justice, Justice Management Division v. Federal Labor Relations Authority, U.S. Department of the Treasury, Bureau of Public Debt v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

996 F.2d 1246 · Court of Appeals for the D.C. Circuit · Jun 29, 1993

The Circular states that, except for the agency's own internal appeal system, "[t]his Circular and its Supplement shall not ... establish and shall not be construed to create any substantive or procedural basis for anyone … Since the OMB Circular was clearly a regulation, the union had a legitimate right to bargain over grievance procedures to enforce or implement that regulation.

Rubins Contractors, Inc., a Maryland Corporation v. Lumbermens Mutual Insurance Company, General Accident Insurance Company of America, (Two Cases)

821 F.2d 671 · Court of Appeals for the D.C. Circuit · Jun 16, 1987

Ordinary usage suggests no reason to suppose that the parties intended to qualify the exclusion by introducing a factor to which it makes no reference whatsoever — the theory underlying liability. … Lumbermens has clearly repudiated any such duty. . ACandS appears to call into question Nationwide Mut. Ins. Co. v. Fidelity & Cas.

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.

United States v. Albert Ross, Jr.

655 F.2d 1159 · Court of Appeals for the D.C. Circuit · Oct 13, 1981

The battle was over whether Al-meida-Sanchez so clearly made new law as not to have been foreshadowed. … This is anomalous in view of the fact that an officer of the executive branch who acts in good faith is immune to civil liability.

Robert C. Kanuth, Jr. v. Prescott, Ball & Turben, Inc.

949 F.2d 1175 · Court of Appeals for the D.C. Circuit · Dec 13, 1991

D.C.Cir.1989), cert. denied, 494 U.S. 1028 , 110 S.Ct. 1474 , 108 L.Ed.2d 612 (1990); Bobker, 808 F.2d at 933 (“The error must have been obvious and capable of being readily and instantly perceived by the average person qualified … To hold otherwise would require us to inquire into precisely how and why the panel derived the lump-sum award, an inquiry clearly outside of our limited scope of review. B.

Recording Industry Association of America, Inc. v. Verizon Internet Services, Inc.

351 F.3d 1229 · Court of Appeals for the D.C. Circuit · Dec 19, 2003

Clearly, however, the defect in the RIAA’s notification is not a mere technical error; nor could it be thought ‘‘insubstantial’’ even under a more forgiv- ing standard. … We need not, however, resort to investigating what the 105th Congress may have known because the text of § 512(h) and the overall structure of § 512 clearly establish, as we have seen, that § 512(h) does not authorize

Meyer v. Washington Times Co.

76 F.2d 988 · Court of Appeals for the D.C. Circuit · Mar 11, 1935

The facts disclosed by the record in this case clearly establish the transfer of the contract as a part of the receivership sale. … Minor, Esquire, was appointed and qualified.

Stewart v. Smith

673 F.2d 485 · Court of Appeals for the D.C. Circuit · Mar 9, 1982

We must begin by admitting that the plain language of section 3307(d) is not clearly inconsistent with the ADEA. … On the contrary, this language suggests *106 that whenever the “named subjects are ‘clearly and directly’ implicated,” Humana of South Carolina, Inc. v.

United States v. Joseph D. Henson, United States of America v. Joseph E. Marshall, United States of America v. Larry L. Brown, United States of America v. Ells W. Jeffries

486 F.2d 1292 · Court of Appeals for the D.C. Circuit · Oct 17, 1973

The prosecution was directed toward establishing that appellant knew the check in his possession was stolen. … And to the extent the existence of Covington was challenged, it was clearly in the context of his existence as appellant's passenger on the evening of the arrest.

beethoven.com LLC v. Librarian of Congress, American Federation of Television and Radio Artists, Intervenors

394 F.3d 939 · Court of Appeals for the D.C. Circuit · Feb 4, 2005

A “theoretical possibility,” however, is not sufficient to qualify as “capable of repetition.” Murphy v. … The Librarian must establish “rates and terms that most clearly represent the rates and terms that would *952 have been negotiated in the marketplace between a willing buyer and a willing seller.” 17 U.S.C. § 114 (f)(2)(B

National Asphalt Pavement Association, a Maryland Not-For-Profit Corporation v. Russell E. Train, Administrator, Environmental Protection Agency, Warren Brothers Company, a Division of Ashland Oil, Inc. And Ashland Oil Inc. v. Environmental Protection Agency

539 F.2d 775 · Court of Appeals for the D.C. Circuit · Jul 21, 1976

See Brief for Warren Brothers at 21 (Simultaneous publication of the designation and the proposed standards "virtually ensured that that determination would be immune from meaningful public comment."). … That letter clearly suggests that counsel for NAPA considered the "significant contributor" designation open for comment, and that NAPA desired procedures in addition to those required by section 4 of the APA to probe that

American Train Dispatchers Association v. Interstate Commerce Commission and United States of America, Soo Line Railroad Company, Intervenor. American Train Dispatchers Association v. Interstate Commerce Commission and United States of America, Union Pacific Railroad Company, Intervenor

671 F.2d 580 · Court of Appeals for the D.C. Circuit · Feb 16, 1982

Because the ICC's construction of its own order is entitled to great weight, and because it is peculiarly qualified to interpret the effect of the modifications here in issue, we decline petitioner's invitation to countermand … These actions clearly violated the terms of the 1963 ICC order, as the Commission's own Review Board concluded. JA (S) at 115.

Mercy Hospital, Inc. v. Alex M. Azar II

891 F.3d 1062 · Court of Appeals for the D.C. Circuit · Jun 8, 2018

As a result, some hospitals would receive a 1 The adjustments are: (i) the “increase factor” adjustment, which reflects price increases in the relevant market; (ii) the “outlier” adjustment, which qualifies a … This is the same determination that, if a hospital directly challenged its step-two rate for relying on an improper LIP formula, would be clearly barred by paragraph (8).

Paralyzed Veterans Of America v. Civil Aeronautics Board

752 F.2d 694 · Court of Appeals for the D.C. Circuit · Apr 26, 1985

The Definition of "Qualified Handicapped Person" 89 Under the CAB's final regulations, only a "qualified handicapped person" is protected by section 504. 179 The statute itself uses the term "otherwise qualified handicapped … Clearly, access to air travel is not a luxury[;] it is vital to anyone wishing to participate in the mainstream of society.

M. Steinthal & Co., Inc. v. Robert J. Seamans, Jr., Secretary of the Air Force, Pioneer Parachute Co., Inc.

455 F.2d 1289 · Court of Appeals for the D.C. Circuit · Oct 14, 1971

The bid opening was extended from June 2 to June 30 in order, as the record shows, 6 to allow a third manufacturer to qualify for the bidding by satisfying the Air Force’s requirements. … Pioneer Parachute Co., Inc., interpreted the amended IFB to establish a required delivery of the first shipment of parachutes within the stated 120 day period. M.

Coalition on Sensible Transportation, Inc. v. Elizabeth Dole

826 F.2d 60 · Court of Appeals for the D.C. Circuit · Sep 4, 1987

The record clearly indicates that the highway and interchange projects here would serve such purposes in the absence of the 1-270 expansion, and thus are sufficiently independent. … This regulation changes an “or" in Overton Park to the italicized “and,” arguably establishing a higher hurdle to use of § 4(f) lands.

National Association For Better Broadcasting v. Federal Communications Commission

849 F.2d 665 · Court of Appeals for the D.C. Circuit · Jun 17, 1988

Chevron does not immunize unexplained interpretations that cut against the grain of commonsense and undermine statutory purpose. 75 The Commission argues that although no public notice at all will be required for changes … Id. at 514 23 Cable services are clearly technologically distinct from broadcasting.