Case law

Detroit Typographical Union No. 18 v. National Labor Relations Board

216 F.3d 109 · Court of Appeals for the D.C. Circuit · Jul 7, 2000

They also suggested that instead of the News determining whether individual employees qualified under the proposal, such deter- minations be made by the Department of Labor. … Testimony credited by the ALJ established that the unfair labor practices referred to in the resolution were the modification of DTU's jurisdiction (discussed next), imple- mentation of the merit pay proposal, and the decision

Federal Trade Commission v. Ppg Industries, Inc., Federal Trade Commission v. Ppg Industries, Inc.

798 F.2d 1500 · Court of Appeals for the D.C. Circuit · Aug 22, 1986

That is just what the district court did and we certainly cannot say that its finding was clearly erroneous. … Weyerhaeuser is the law of this circuit and we must follow its rationale and apply the presumptions it establishes.

Gleklen, Amy v. Dem Cong Campgn Com

199 F.3d 1365 · Court of Appeals for the D.C. Circuit · Jan 11, 2000

Human Rights Act claims, Gleklen made out the requisite prima facie case: she was pregnant, she was qualified, she was fired, she was replaced by a woman who was not pregnant, and her replacement performed Gleklen's … Even if use of the Harriman Center's facilities did not rise appreciably before August 1997, clearly the efforts to generate increased work began well before Gleklen was terminated, directly supporting the Democratic

Jafarzadeh v. Nielsen

321 F. Supp. 3d 19 · Court of Appeals for the D.C. Circuit · Aug 6, 2018

Most importantly, CARRP's definition of "national security concern" covers any "articulable link" to "involvement in" or "association with" an entity or activity that would qualify for inadmissibility under 8 U.S.C. § 1182 … Spannaus 's holding is premised on the idea that § 2401 is "attached to the government's waiver of sovereign immunity, and as such must be strictly construed." 824 F.2d at 55 .

Jankovic v. International Crisis Group

494 F.3d 1080 · Court of Appeals for the D.C. Circuit · Jul 24, 2007

As to Philip Zepter, this passage presents questions about what qualifies as a defamatory statement. … In that light, the passage could lead a reasonable reader to conclude that Philip Zepter was actively in alliance with Milosevic and his regime, and so, Philip Zepter has made sufficient allegations to establish a prima facie

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 .

Spirit Airlines, Inc. v. United States Department of Transportation

687 F.3d 403 · Court of Appeals for the D.C. Circuit · Jul 24, 2012

Responding to such shortcomings, DOT proposed “establishing minimum standards for the plans,” which would “result in consumers being better informed and protected,” 75 Fed. … Advertisers should not be permitted to immunize false or misleading product information from government regulation simply by including references to public issues.” Id. (footnote and citation omitted).

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

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

At the time, the DOL explained that its objective in establishing this “designed to yield” provision was to ensure piece rates that would permit earnings generally commensurate with the fifty-cent hourly minimum established … 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 . *164 We conclude that the agency did not depart from

Margaret A. Padula v. William Webster, Director, F.B.I

822 F.2d 97 · Court of Appeals for the D.C. Circuit · Jun 26, 1987

On the basis of a written examination and an interview, the FBI ranked her 39th out of 303 qualified female applicants and 279th out of 1273 male and female applicants. … Arguably, the FBI has committed itself not to consider the sexual orientation of an applicant who can show he does not engage in sex, but it clearly has done no more.

Monmouth Medical Center v. Thompson

257 F.3d 807 · Court of Appeals for the D.C. Circuit · Jul 27, 2001

In that case, the Court reviewed a discretionary decision under s 405.1885(a) not to reopen a clause (i) deter- mination, finding that such a refusal did not itself qualify as a clause (i) determination. … Here, a valid rule interpreting a regulation was clearly in play, and it was modified by HCFAR 97-2.

Harry Sacher v. United States

252 F.2d 828 · Court of Appeals for the D.C. Circuit · Jan 31, 1958

Once the witness is so identified and qualified by these "background" questions, interrogation as to the main subject matter takes place, covering the central facts, events, etc. … here involved was established.

American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor National Council of Agricultural Employers, American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor, National Council of Agricultural Employers. American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor American Farm Bureau Federation

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

Sec. 1188 (a) (1988). 3 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 … Because the record clearly shows that the data on adverse effect is inconclusive, and the Department provided an ample explanation of the considerations it found persuasive, we reverse the district court and uphold the final

Sami Abou-Haidar v. Maria Sanin Vazquez

945 F.3d 1208 · Court of Appeals for the D.C. Circuit · Dec 27, 2019

Courts have held parents cannot establish a new habitual residence without forsaking their existing one. … J.A. 179.  23 On appeal, Sanin Vazquez has not articulated why any of these factual findings is clearly erroneous.

Messina, Karyn v. Krakower, Daniel

439 F.3d 755 · Court of Appeals for the D.C. Circuit · Mar 7, 2006

Indeed, at oral argument, the defendants conceded that the Rule 28(a)(1) statement clearly indicated Messina was challenging both orders and that they were not misled. Oral Arg. Tape at 20:39. … If the privilege does apply, it “is absolute rather than qualified: it 4 In this diversity case, the district court applied the substantive law of the District of Columbia “because Dr.

United States v. Finance Committee to Re-Elect the President

507 F.2d 1194 · Court of Appeals for the D.C. Circuit · Dec 2, 1974

Clearly § 16.4(c) does not say anything about how a cash payment is to be reported. It deals with the promise while it remains a promise only. … They do not assert the topic is immune from statutory coverage.

United States v. American Medical Ass'n

110 F.2d 703 · Court of Appeals for the D.C. Circuit · Mar 4, 1940

Subsequently, the conspiracy was discussed at meetings held by members and committees of District Society, with the purpose of “hindering” Group Health from procuring and retaining on its medical staff qualified doctors by … The District Court sustained the demurrer (1) because the practice of medicine is not a trade within the meaning of Sec. 3 of the Sherman Act; (2) because the indictment is vague and uncertain and fails to charge clearly

Hall & Assocs. LLC v. U.S. Envtl. Prot. Agency

315 F. Supp. 3d 519 · Court of Appeals for the D.C. Circuit · May 22, 2018

Circuit have together established that Exemption 5's protection from disclosure does not apply in certain circumstances. … This language clearly indicated that the EPA was not committing to applying the Eighth Circuit's holding nationwide.

Edward S. Irons v. Sidney A. Diamond, Commissioner of Patents. Edward S. Irons v. Sidney A. Diamond, Commissioner of Patents

670 F.2d 265 · Court of Appeals for the D.C. Circuit · Dec 18, 1981

*270 • 2) If issue 1 is answered in the affirmative, which decisions qualify? … A search fee for such records, as appellant does not contest, is clearly authorized by 5 U.S.C. § 554 (a)(4)(A).

Montecatini Edison, S.P.A. (A Corporation of Italy) v. Karl Ziegler, and E. I. Dupont De Nemours and Company (A Corporation of Delaware)

486 F.2d 1279 · Court of Appeals for the D.C. Circuit · Oct 5, 1973

We think the institution and prosecution of a civil action in the court here clearly establishes the presence of the [defendant] here. … So we think [the defendant] was clearly found here. (Footnotes omitted; emphasis added.) Kelberine v.

Planned Parenthood Federation of America, Inc. v. Heckler

712 F.2d 650 · Court of Appeals for the D.C. Circuit · Jul 8, 1983

have done so with more appropriate and less ambiguous language such as “shall require family participation” or “shall notify the family.” 30 Indeed, the very concept of encouragement is further weakened by the use of a qualifier … It established a new grant program for demonstration projects to provide services and research related to adolescent sexuality and pregnancy.