Case law

United States v. William H. Seals, A/K/A Puddin, A/K/A William Brooks, United States of America v. Gary W. Sweatt

130 F.3d 451 · Court of Appeals for the D.C. Circuit · Feb 10, 1998

Price, 990 F.2d 1367 (D.C.Cir.1993), he did not have the requisite number of prior convictions to qualify as a career offender. … Thus, the grand jury’s reliance on a judge for subpoenas, immunity orders and the like is a relatively recent development in the history of the institution, resulting, no doubt, from proscribing the jurors’ reliance on personal

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

William David Hensley v. Washington Metropolitan Area Transit Authority

655 F.2d 264 · Court of Appeals for the D.C. Circuit · Mar 17, 1981

The varying lesions appear to be spontaneous and well established.” … My colleagues have clearly exceeded their judicial authority.

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

Rhinelander Paper Co. v. Federal Energy Regulatory Commission

405 F.3d 1 · Court of Appeals for the D.C. Circuit · Apr 12, 2005

; (2) a detailed map that clearly identifies the Rhinelander Project boundary, Federal lands, lands designated residential use, undesignated lands, areas of special concern, such as an identified forested wetland; ( … 12 control of purple loosestrife,” as “outside of the scope of section 10(j) of the FPA, in that they involve studies that could have been performed prior to licensing, or do not otherwise qualify

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.

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

Mary Terese Grace, Thaddeus Zywicki v. Warren E. Burger, Chief Justice of the United States Supreme Court

665 F.2d 1193 · Court of Appeals for the D.C. Circuit · Sep 8, 1981

In enacting sections 13k. and 1507 it appears that Congress sought to create an immunized area within the Supreme Court Building and grounds. … For all of the above reasons, I dissent from the majority’s effort to establish a public forum within the Supreme Court Building and grounds. .

United States v. Ernest Glover

872 F.3d 625 · Court of Appeals for the D.C. Circuit · Oct 10, 2017

But they’re clearly not talking about or using the same words to talk about what they’re talking about.” Trial Tr. 99:3-9 (Feb. 27, 2008, Morning Sess.). … Bevington as an expert under Rule 702 because he would have so qualified as a result of his significant experience investigating drug crimes for the FBI.

Ramirez v. U.S. Immigration & Customs Enforcement

338 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Aug 30, 2018

Plaintiffs' complaint clearly asserts that they have a protected interest in receiving the consideration due to them under *30 8 U.S.C. § 1232 (c)(2)(B). See Am. Compl. ¶ 4. … As the Supreme Court established in Bennett v.

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.

Creola Quick, Administratrix, Estate of Lawrence Quick, Deceased v. Roger G. Thurston

290 F.2d 360 · Court of Appeals for the D.C. Circuit · Apr 20, 1961

The answer is so clearly yes that in oral argument, in response to a question from the bench, ap-pellee’s counsel conceded this second point. … For example, a properly qualified and trusted nurse may be careless. But Dr. Thurston was the only person who appears to have had anything to do with the operation in this case.

Seth Hettena v. CIA (PUBLIC REISSUED OPINION)

Court of Appeals for the D.C. Circuit · Jul 31, 2025

Exemption 3 applies to "matters" that are "specifically exempted from disclosure" by a qualifying "statute." 5 U.S.C. § 552(b )(3). … And as the declaration explains, disclosing this sort of material would clearly reveal something new about the CIA's intelligence activities, sources, and methods. Id.; see also Hettena, 2024 WL l239705, at *4.

United States v. Western Electric Company, Inc., Bell Atlantic Corporation

12 F.3d 225 · Court of Appeals for the D.C. Circuit · Apr 6, 1994

Under procedures established by the district court, a BOC seeking a section VIII(C) waiver must first submit its request to the DOJ, which reviews the request and then presents its conclusions to the court. … for a waiver, while arrangements not constituting an affiliated enterprise could qualify for a waiver but would have no need for one.

In Re Carter

192 F.2d 15 · Court of Appeals for the D.C. Circuit · Jul 20, 1951

.” 10 That means that a surety must “appear” to the court to be qualified. … WJR, the Goodwill Station. 26 And, in so far as the authority to write bonds for pay is concerned, I point out that under the statute generally applicable to the Federal Government 27 the granting of such authority is clearly

University of Southern CA v. NLRB

Court of Appeals for the D.C. Circuit · Mar 12, 2019

As the Court explained, Congress “regarded [managers] as so clearly outside the [NLRA] that no specific exclusionary provision was thought necessary.” Id. at 283. Second, in N.L.R.B. v. … Faculty qualify as managerial when they exercise “effective recommendation or control” over central employer policies. Id. at 683 n.17.

Union Pacific Railroad Company v. Interstate Commerce Commission and United States of America, General Electric Company, Intervenors

867 F.2d 646 · Court of Appeals for the D.C. Circuit · Feb 7, 1989

Nevertheless, the Commission observed that to the extent the section 22 quotations were above the otherwise applicable class rates, they are not valid section 22 rates and we clearly have jurisdiction over them. Id. … The railroads contend that this language strips the ICC of jurisdiction over section 22 rates and that subsequent modifications in the wording of the section were never intended to dilute this immunity from Commission interference

Mobilfone of Northeastern Pennsylvania, Inc. v. Federal Communications Commission, Commonwealth Telephone Company, Intervenor

682 F.2d 269 · Court of Appeals for the D.C. Circuit · Jun 25, 1982

Commonwealth Telephone Co., 428 F.Supp. 131 (E.D.Pa.), aff’d, 571 F.2d 141, 147 (3d Cir. 1978) (antitrust immunity because “the state supervision of the challenged activity is comprehensive and active”). … See generally Guardband Proceeding, 12 F.C.C.2d at 841 (establishing Commission policy against cross-subsidization of paging services from telephone company wireline revenues). 7 .

Natural Resources Defense Council v. U.S. Nuclear Regulatory Commission

823 F.3d 641 · Court of Appeals for the D.C. Circuit · Apr 26, 2016

The Commission has established a different mechanism for challenging generic Category 1 findings during individual license renewal proceedings. … But the Court upheld NRC’s determination: “The generic method chosen by the agency is clearly an appropriate method of conducting the hard look required by NEPA.” 462 U.S. at 101.

John Doe v. District of Columbia

697 F.2d 1115 · Court of Appeals for the D.C. Circuit · Mar 7, 1983

It is, of course, well established that due process requires “at a minimum ... that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the … Economou, 438 U.S. 478, 498-504 , 98 S.Ct. 2894, 2906-2909 , 57 L.Ed.2d 895 (1978) (same “qualified immunity” rules); Tarpley v.