Case law

Howard Ross v. United States

349 F.2d 210 · Court of Appeals for the D.C. Circuit · Jun 30, 1965

With more funds for more personnel, more undercover agents could be used and *213 qualified persons would be available. … We note only that in Red-field the defendant’s sentence could clearly have been supported by an offense charged to have occurred within three months prior to his arrest.

US Ex Rel. Miller v. BILL HARBERT INTERN. CONST.

608 F.3d 871 · Court of Appeals for the D.C. Circuit · Jun 22, 2010

The court clearly did not abuse that discretion. … This standard is clearly satisfied here.

United States v. Gooch

665 F.3d 1318 · Court of Appeals for the D.C. Circuit · Jan 6, 2012

First, he contends that the District Court clearly and plainly erred in allowing the Government to use peremptory challenges to remove qualified blacks from the venire, in violation of Batson v. … The District Court’s determination regarding Juror 854 is not clearly erroneous.

Red Sage Ltd. Partnership v. DESPA Deutsche Sparkassen Immobilien-Anlage-Gasellschaft mbH

254 F.3d 1120 · Court of Appeals for the D.C. Circuit · Jul 13, 2001

Thus finding that the parties had not clearly intended to provide for liquidated damages in a case like this, the court construed the rent abatement as a penalty and refused to enforce it. … See In re Swine Flu Immunization Prods. Liab. Litig., 880 F.2d 1439, 1444 (D.C.

Virginia Petroleum Jobbers Association v. Federal Power Commission, Blue Ridge Gas Company, Intervenor. Petition for Review of Order of the Federal Power Commission, No. 14583. Virginia Petroleum Jobbers Association v. Federal Power Commission, Appeal From United States District Court for the District of Columbia

259 F.2d 921 · Court of Appeals for the D.C. Circuit · Oct 23, 1958

As the Supreme Court has pointed out 10 "* * * Congress would not, without clearly expressing such a purpose, deprive the Court of Appeals of its customary power to stay orders under review." 11 Scripps-Howard Radio, Inc. … Relief saving one claimant from irreparable injury, at the expense of similar harm caused another, might not qualify as the equitable judgment that a stay represents. (4) Where lies the public interest?

Ipsen Biopharmaceuticals, Inc. v. Xavier Becerra (REISSUED PUBLIC OPINION)

Court of Appeals for the D.C. Circuit · Jul 25, 2024

This case involves two statutory schemes, and a few regulations, that establish the processes for obtaining FDA approval of drug products and biological products. … Ipsen also offers an argument in the alternative: Somatuline Depot is “analogous” to a “protein” and, therefore, qualifies as a biological product.

A.I. Trade Finance, Inc. v. Petra International Banking Corporation

62 F.3d 1454 · Court of Appeals for the D.C. Circuit · Aug 22, 1995

sovereign immunity as an aspect of substantive federal law and applying those standards will generally require interpretation of numerous points of federal law.” … appears to be the general rule: a federal court applies state law when it decides an issue not addressed by federal law, regardless of the source from which the cause of action is deemed to have arisen for the purpose of establishing

American Federation Of Labor And Congress Of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole

884 F.2d 597 · Court of Appeals for the D.C. Circuit · Aug 29, 1989

General to approve an employer's petition to import alien workers if the petitioner receives certification from the Secretary of Labor ("Secretary") that 3 (A) there are not sufficient workers who are able, willing, and qualified … Donovan: "This provision clearly aims at preventing growers from raising productivity rates rather than piece rates whenever the [AEWR] increases." 558 F.Supp. at 222 . 48 We conclude that the agency did not depart from its

Bruce S. Andes, Louis S. Aronica v. Ford Motor Company

70 F.3d 1332 · Court of Appeals for the D.C. Circuit · Jan 24, 1996

Haus-man, Ford rejected this proposal because the GRP was a “very generous plan” to begin with, a “cutoff’ point had to be established, and allowing a “grow in” in this sale would establish a precedent for future sales of … A finding to the contrary would be clearly erroneous.” Gavalik, 812 F.2d at 864 (citation omitted).

In Re Janet G. Mullins (Tutwiler Fee Application)

87 F.3d 1372 · Court of Appeals for the D.C. Circuit · Jul 9, 1996

A “Subject” Status Tutwiler, who was not indicted, argues that based on IC diGenova’s investigation of her conduct and statement that she was a subject, she clearly meets the Act’s subject requirement. … Fees are “Reasonable” under the Act As we have often observed, the fee petitioner bears the burden of establishing all elements of her entitlement. See, e.g., Shultz, 8 F.3d at 850.

Edaleen Dairy v. Johanns, Mike

467 F.3d 778 · Court of Appeals for the D.C. Circuit · Oct 31, 2006

Here, Edaleen is clearly bringing suit in its capacity as a handler. … Given that the plaintiffs were seeking access to pooling funds, they were clearly bringing suit in their capacity as producers.

Local 32, American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, National Federation of Federal Employees, Local 29 v. Federal Labor Relations Authority

774 F.2d 498 · Court of Appeals for the D.C. Circuit · Oct 11, 1985

Remaining Issues 26 In Local 32, the Union proposal was clearly intended to apply in a RIF situation. … Despite a challenge from the Agency, the FLRA held that these proposals would establish procedures for filling vacancies within the bargaining unit, which "clearly concern personnel policies, practices and matters affecting

Committee for Community Access v. Federal Communications Commission

737 F.2d 74 · Court of Appeals for the D.C. Circuit · Jun 15, 1984

This departure from past precedent is most clearly evident in the Commission’s analysis of each separate factor. … Therein, the Commission implicitly found that Geller had failed to establish good cause.

California Ass'n of the Physically Handicapped, Inc. v. Federal Communications Commission

840 F.2d 88 · Court of Appeals for the D.C. Circuit · Mar 4, 1988

Appellants do not allege that any of the licensees have discriminated against the handicapped in employment, only that the licensees have failed to establish EEO programs covering them. … See 76 F.C.C.2d at 99 (“an established violation of law clearly raises a question as to an applicant’s qualifications to be a broadcast licensee”); 69 F.C.C.2d at 458-59 (“in the event some adverse finding were to be made

United States v. Wilbert E. Hackley

636 F.2d 493 · Court of Appeals for the D.C. Circuit · Jul 17, 1980

This is thus clearly not a case where a confession is received without the suspect being advised of his rights. … And the waiver of the right to remain silent need only be established by the preponderance of the evidence, not beyond a reasonable doubt. Lego v.

Frank Lill & Son, Inc. v. Secretary of Labor

362 F.3d 840 · Court of Appeals for the D.C. Circuit · Apr 6, 2004

Gioioso, 115 F.3d at 107 (‘‘[A]n aggrieved party desiring to preserve an issue for judicial review must raise it before the ALJ, articu- late it clearly in its PDR, and offer a modicum of developed argumentation in support … Lill contends the ALJ ignored the presence of the perime- ter wire rope which, Lill insists, qualifies as a guardrail system under section 1926.501(b)(1).

Hartz Mountain Corporation v. Donald L. Dotson, Chairman, National Labor Relations Board

727 F.2d 1308 · Court of Appeals for the D.C. Circuit · Feb 24, 1984

In Physicians we made it unmistakably clear that the Kyne exception is extraordinarily narrow: Thus in order to qualify for the Leedom v. … Such a determination is clearly within the range of discretion allowed the Board pursuant to our decision in Bell & Howell. C.

Whitney National Bank in Jefferson Parish v. Bank of New Orleans and Trust Company, James J. Saxon, Comptroller of the Currency v. Bank of New Orleans and Trust Company

323 F.2d 290 · Court of Appeals for the D.C. Circuit · Oct 17, 1963

organizations were to be financed with funds furnished by Whitney of New Orleans. 4 Through elaborate maneuvers which will be explained later, the result would be that Whitney Holding Corporation would own all the stock, except qualifying … District Judge Youngdahl brushed aside the Comptroller's discretion argument by saying, at page 778: 70 "Defendant argues that the approval or disapproval of branches of national banks is a matter clearly committed to the

United States v. Western Electric Co.

969 F.2d 1231 · Court of Appeals for the D.C. Circuit · Jul 24, 1992

That AT & T is now the largest carrier in the inter-exchange market hardly immunizes it against antitrust injury from new competitors who are monopolists in the local exchange markets. … that AT & T must assert a cognizable and unique interest (vis-a-vis other interexchange carriers) in the CCS waiver in order to be entitled to put the BOCs to their proof under section VIII(C), it appears that AT & T would qualify

Blinder, Robinson & Co., Inc. v. Securities & Exchange Commission, Meyer Blinder v. Securities & Exchange Commission

837 F.2d 1099 · Court of Appeals for the D.C. Circuit · Jan 15, 1988

Fidelity, a federal court had issued a judgment requiring certain Indian Nations to pay monies on disputed bonds, in contravention of their sovereign immunity. … Even conceding that this establishes that Mr.