Case law

Kodiak Airways, Inc. v. Civil Aeronautics Board, Wien Consolidated Airlines, Inc., Western Air Lines, Inc., Intervenors

447 F.2d 341 · Court of Appeals for the D.C. Circuit · Jul 19, 1971

Of the three remaining applicants, the Board felt Wien was clearly the best qualified. … As an applicant for temporary authority itself, Consolidated Nine clearly had standing to challenge the Commission’s action.

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

Brown v. Hecht Co.

137 F.2d 689 · Court of Appeals for the D.C. Circuit · Oct 18, 1943

And this, contrary to the well established rule that the writ of injunction is used only to stop existing or threatened violations and not to punish past offences. Swift & Co. v. … With this in mind the court very properly qualified its absolute finding that there would be no future violations by defendant, by adding, except such as resulted from human frailty.

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.

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.

Pyle v. United States

156 F.2d 852 · Court of Appeals for the D.C. Circuit · Jun 28, 1946

The decision in that case 1 so clearly, completely and correctly disposes of the present contention that we adopt as our own the pertinent portion of the opinion. … United States, 4 this court said: “We have said in a number of cases that distinct and different crimes independent of that charged may not be used to establish guilt. Borum v.

American Federation of Labor & Congress of Industrial Organizations v. Dole

923 F.2d 182 · Court of Appeals for the D.C. Circuit · Jan 11, 1991

Under INA, the Department established the AEWR — a minimum wage that all employers who wished to import alien workers must first offer to qualified U.S. workers, and then, if the job remained unfilled, to foreign workers. … Because the record clearly shows that the data on adverse effect is inconclusive, and the Department provided an ample explanation of the considerations *365 it found persuasive, we reverse the district court and uphold the

True the Vote, Inc. v. Internal Revenue Service

831 F.3d 551 · Court of Appeals for the D.C. Circuit · Aug 5, 2016

Further, “[b]ecause § 7431 represents a waiver of sovereign immunity, it must be ‘strictly construed, in terms of its scope, in favor of the sovereign.’” Snider v. … Their heavy burden requires that they establish cessation, not near cessation.

Qwest Services Corp. v. Federal Communications Commission

509 F.3d 531 · Court of Appeals for the D.C. Circuit · Dec 4, 2007

iBasis is clearly correct that the process started out as a rulemaking and in part preserved that form. … But for reliance to establish manifest injustice, it must be reasonable—reasonably based on settled law contrary to the rule established in the adjudication.

Sierra Club and Natural Resources Defense Council, Inc. v. Environmental Protection Agency, Alabama Power Company, Kennecott Minerals Co., Tennessee Valley Authority, States of New York, State of Vermont, American Petroleum Institute, Intervenors. Commonwealth of Pennsylvania v. U.S. Environmental Protection Agency and Anne M. Gorsuch, Administrator, States of New York, Alabama Power Company, State of Vermont, American Petroleum Institute, Intervenors. Sierra Club and Natural Resources Defense Council, Inc. v. Environmental Protection Agency, Alabama Power Company, American Petroleum Institute, Intervenors. Commonwealth of Pennsylvania v. U.S. Environmental Protection Agency and Anne M. Gorsuch, Administrator, Alabama Power Company, American Petroleum Institute, Intervenors

769 F.2d 796 · Court of Appeals for the D.C. Circuit · Sep 3, 1985

We do not read section 307(f)'s waiver of sovereign immunity so broadly as to allow for fees in connection with the services of outside, nontestifying experts. See Ruckelshaus v. … Similarly, we do not reach the intervenors' assertions that a petition for certiorari is a purely procedural matter that does not give rise to an action "under" section 307 and thus does not qualify for an award of fees under

Stephens Media, LLC v. National Labor Relations Board

677 F.3d 1241 · Court of Appeals for the D.C. Circuit · Apr 20, 2012

But the Board also found that “precedent does not clearly define the scope of the category of ‘witness statements.’” Id. … Weingarten” qualified as protected activity. Id. at 1. The Company offers three arguments to the contrary.

Investment Company Institute v. C.T. Conover, Comptroller of the Currency

790 F.2d 925 · Court of Appeals for the D.C. Circuit · May 20, 1986

B In 1982, Citibank established a common trust fund for IRA investors. … In our view, however, these facts do not establish that the Comptroller has in any way subverted the legislative process.

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

351 F.3d 1229 · Court of Appeals for the D.C. Circuit · Jan 16, 2004

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

McCready, Sheila v. Nicholson, R. James

465 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 19, 2006

In her view, the Government had not met its burden to show that the Inspector General’s Reports qualified for an exemption under the Privacy Act. … The revised Wooditch declaration establishes that it does not.

American Federation of Government Employees, Local 2782, Edward v. Hanlon, and Ruth A. Sanders Hanlon v. U.S. Department of Commerce

907 F.2d 203 · Court of Appeals for the D.C. Circuit · Jul 13, 1990

With respect to Request 3, the court granted summary judgment for the Government on the ground that parts A and B would impose too great a burden upon the Bureau to qualify as “reasonably describing” the records requested … They do not, therefore, establish the availability of SF-52s or other promotion-related memoranda in the only class of litigation made relevant by the FOIA.

Eastern Canvas Products, Inc. v. Harold Brown, Secretary of Defense. Eastern Canvas Products, Inc. v. Harold Brown, Secretary of Defense

580 F.2d 675 · Court of Appeals for the D.C. Circuit · Jun 2, 1978

Having grown substantially, Eastern no longer qualifies as a “small business.” … Eastern, as next lowest bidder, and if otherwise qualified, would presumably receive the ’0998 and T008 contracts.

David Henderson v. Manuel Lujan, Jr., Secretary of the United States Department of Interior

964 F.2d 1179 · Court of Appeals for the D.C. Circuit · May 22, 1992

Appellee’s peaceful leafletting activities are clearly protected by the First Amendment. See United States v. Grace, 461 U.S. 171, 176 , 103 S.Ct. 1702, 1706 , 75 L.Ed.2d 736 (1983); Schneider v. … If the restrictions here qualify as ones of time, place, or manner, they can be upheld if they are “narrowly tailored to serve a significant governmental interest, and ... leave open ample alternative channels for communication

Boeing Airplane Company v. Thomas Coggeshall, Chairman, the Renegotiation Board, Thomas Coggeshall, Chairman, the Renegotiation Board v. Boeing Airplane Company, Boeing Airplane Company, Cross-Appellant v. Thomas Coggeshall, Chairman, the Renegotiation Board, Cross-Appellee

280 F.2d 654 · Court of Appeals for the D.C. Circuit · Jun 9, 1960

Rules 45(d) and 26(b) establish the outer limits of enforcement. … The secrecy imposed by statute on these documents does not provide immunity from subpoena duces tecum. Cf. Blair v. Oesterlein Machine Co., supra; but cf. Walling v.

Seafarers International Union of North America, Appellants/cross-Appellees v. United States Coast Guard, Appellees/cross-Appellants

81 F.3d 179 · Court of Appeals for the D.C. Circuit · Apr 12, 1996

Therefore, the court ruled that the Coast Guard had established a private benefit sufficient to justify the fees. … And in Electronic Industries we noted that the statute at issue there “was clearly enacted to remedy rate discrimination,” 554 F.2d at 1115 n. 16 (emphasis added), which benefitted the public.