Case law
Opinions from 1658 to today.
6,967 results
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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).
Cited 31 timesPublished257 F.2d 634 · Court of Appeals for the D.C. Circuit · May 22, 1958
The court pointed out that Signal failed to establish that the proposed rate of 120 per Mcf was reasonable to the purchaser or that the existing rate of 100 per Mcf was unjust to the seller. … The Commission stated that its decision in Cities Service-Signal was made solely on the basis of the facts presented in that case, and added: “ * * * clearly the basis for decision in this proceeding is not necessarily controlling
Cited 17 timesPublishedParalyzed 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.
Cited 0 timesPublished455 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.
Cited 530 timesPublishedCoalition 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.
Cited 146 timesPublishedUnited States v. Dynamic Visions, Inc.
282 F. Supp. 3d 257 · Court of Appeals for the D.C. Circuit · Oct 20, 2017
Plaintiff has submitted several declarations and exhibits establishing the damages it has sustained. … There is an exception to the trebling of damages under section 3729(a)(2), but that exception is clearly not applicable here.
Cited 3 timesPublished816 F.2d 761 · Court of Appeals for the D.C. Circuit · Apr 24, 1987
In the first seven years of the TRA program, established by the Trade Expansion Act of 1962, 8 not a single worker qualified for assistance, and in the following four years only a few thousand received benefits. S.Rep. … Congress acted to remedy this situation with "eased qualifying criteria and a streamlined petitioning process."
Cited 0 timesPublished712 F.2d 650 · Court of Appeals for the D.C. Circuit · Jul 8, 1983
It established a new grant program for demonstration projects to provide services and research related to adolescent sexuality and pregnancy. … Thus far Congress has clearly intended that all teenagers have access to Title X services.
Cited 2 timesPublished116 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.
Cited 58 timesPublishedUnited States v. Flemming Anderson, United States of America v. William G. Hale
498 F.2d 1038 · Court of Appeals for the D.C. Circuit · Aug 1, 1974
Court: I indicated to the jury that it is clearly an inappropriate question. You may disregard it, ladies and gentlemen. … The Court stated, The immunity from giving testimony is one which the defendant may waive by offering himself as a witness.
Cited 34 timesPublishedAthens Community Hospital, Inc. v. Schweiker
686 F.2d 989 · Court of Appeals for the D.C. Circuit · Aug 27, 1982
Under the Medicare Act, certain institutions known as “providers” are reimbursed for the cost of the services they provide to qualified Medicare beneficiaries. … This procedure would also render virtually meaningless the time limits for the filing of cost reports established by Medicare regulations.
Reversed on other grounds by Bethesda Hospital Assn. v. Bowen, 485 U.S. 399 (1988)Cited 27 timesPublishedUnited States v. Frank Dave Clark, A/K/A Tink
8 F.3d 839 · Court of Appeals for the D.C. Circuit · Nov 12, 1993
Factual findings supporting the district court’s reasoning “will not be disturbed unless clearly erroneous.” United States v. Harrington, 947 F.2d 956, 957 (D.C.Cir.1991). … Floyd, 945 F.2d 1096, 1099-1102 (9th Cir.1991) (establishing that “youthful lack of guidance” can be a mitigating circumstance). But see United States v.
Cited 64 timesPublishedAmerican Hospital Association v. Alex M. Azar II
Court of Appeals for the D.C. Circuit · Jul 17, 2018
Further, they claimed that a nearly 30% reduction cannot qualify as a mere payment adjustment. … Those demands come too late to establish subject-matter jurisdiction in the district court.
Cited 0 timesPublishedAlbert B. Brooke v. United States
385 F.2d 279 · Court of Appeals for the D.C. Circuit · May 23, 1967
To have extracted from this version any indication that appellant knew of heroin in some of the capsules would have distorted his testimony into something which it clearly was not. 14 Additionally, in so doing, the jury would … IV After Pettas had testified, appellant made known his desire to take the stand, and sought immunity under Luck v. United States 21 from impeachment by prior convictions of crime in the event that he did so.
Cited 51 timesPublished740 F.2d 1023 · Court of Appeals for the D.C. Circuit · Jun 27, 1984
Such bald assertions do not qualify as reasoned decisionmaking. … This would clearly exceed the powers granted to the Commission under section 10505(a).
Cited 18 timesPublishedNational Student Association, Inc. v. Lewis B. Hershey
412 F.2d 1103 · Court of Appeals for the D.C. Circuit · Jun 6, 1969
It is for the local board to determine whether a registrant qualifies as a conscientious objector. Clark v. Gabriel, supra note 14 . … But that conclusion, if it is correct, does not of course establish that there is no conflict. 55 . In Breen v.
Cited 107 timesPublishedCommissioners Court of Medina County, Texas v. United States of America, Antonio Garcia, III
719 F.2d 1179 · Court of Appeals for the D.C. Circuit · Oct 28, 1983
They clearly and forcefully registered their objections. The Attorney General dismissed these objections Mem. Op. at 4 (emphasis in original). … We do not establish a per se rule that, under no circumstances, can opposition to a settlement be relevant to a fee determination.
Cited 5 timesPublishedN.Y. State Department of Social Services v. Otis R. Bowen, Secretary, H.H.S.
835 F.2d 360 · Court of Appeals for the D.C. Circuit · Dec 22, 1987
In New York’s view, the “except clause” precludes only payment for services described in Title XX and does not directly address the status of such services that also qualify, pursuant to section 408(d), as administrative … The WIN program was established by Title IV-C of the Act, 42 U.S.C. §§ 630-645 (1982 & Supp. Ill 1985). 5 .
Cited 19 timesPublished3534 East Cap Venture, LLC v. Westchester Fire Insurance Company
104 F.4th 913 · Court of Appeals for the D.C. Circuit · Jun 21, 2024
The damage here—caused by liquid water that had accumulated inside the building—clearly was “LOSS by” the “insured peril” of “water damage.” … And this case clearly does involve such an “accumulation” or “direct intrusion” of water.
Cited 1 timesPublished642 F.2d 589 · Court of Appeals for the D.C. Circuit · Oct 9, 1980
The balancing, of course, is the Secretary's responsibility, to be carried out according to the guidelines and principles established by Congress. … It does, however, qualify somewhat the broadest practical effect the term could have.
Cited 9 timesPublished
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