Case law

American Friends Service Committee v. William H. Webster, Director, Federal Bureau of Investigation, (Three Cases)

720 F.2d 29 · Court of Appeals for the D.C. Circuit · Sep 30, 1983

United States, 360 U.S. 395, 399 , 79 S.Ct. 1237, 1240 , 3 L.Ed.2d 1323 *72 (1959), Rule 6(e) unquestionably qualifies as a law restricting the use of records. … It envisioned “use of the contents of intercepted communications, for example, to establish probable cause for arrest, to establish probable cause to search, or to develop witnesses.” Id. at 99 (citations omitted).

Theodore R. Bledsoe, M.D. v. Brian Crowley, M.D. v. Sylvia Friedman, M.D

849 F.2d 639 · Court of Appeals for the D.C. Circuit · Jun 10, 1988

. §§ 3-2A-01 to -09 (1984 & Supp. 1987), provides that all medical malpractice claims alleging damages in excess of a *641 certain jurisdictional amount must be submitted initially to an arbitration panel established pursuant … Both cases thus involved clearly identifiable and separable incidents of wrongful act and injury.

Ozella O. Montague v. Robert L. Kunzig

442 F.2d 1230 · Court of Appeals for the D.C. Circuit · Jan 18, 1971

Ten days later Montague and the Corporation executed an agreement establishing just compensation for the taking at $475,000.00. … And the first specific mandate of the order reasonably and clearly authorized the acquisition of the usual common law vested interests in land, including the estate in fee simple.

WJG Telephone Co. v. Federal Communications Commission

675 F.2d 386 · Court of Appeals for the D.C. Circuit · Apr 9, 1982

The naming of rivers is only of historical consequence, and WJG sees no rational basis for the Commission to conclude that individual rivers should be treated as individual commercial units for the purpose of qualifying prospective … over an entire waterway, the Commission felt that such a showing for service along a major portion of a navigable waterway would be sufficient to ensure that an integrated network serving the Mississippi River System were established

Kansas City Power & Light Company v. Douglas McKay Secretary of the Interior

225 F.2d 924 · Court of Appeals for the D.C. Circuit · Nov 7, 1955

It was contended that such contracts would establish rival and competing plants resulting in loss of business to the plaintiff. … It may, moreover, be doubted whether the agency action here involved (consisting of the making of loans to and contracts with qualified parties, which plaintiffs are not) constitutes agency action within the meaning of Section

Small Refiner Lead Phase-Down Task Force v. United States Environmental Protection Agency

705 F.2d 506 · Court of Appeals for the D.C. Circuit · Apr 22, 1983

qualify as “small.” … Congress established a' clearly defined record to facilitate judicial review and to enhance agency decisionmaking. See Sierra Club v.

Peigh v. Baltimore & O. R. Co

204 F.2d 391 · Court of Appeals for the D.C. Circuit · Apr 9, 1953

The use of the negligence per se doctrine is also qualified by the requirement that the violation of the regulation must be shown to have caused the plaintiff’s injury. See Schear v. … For a case where a regulation states a precise and definite standard which has been clearly violated, see Martin v. Her-zog, 1920, 228 N.Y. 164 , 126 N.E. 814 . But cf. cases cited at note 4, supra.

United States v. Steven Mason

951 F.3d 567 · Court of Appeals for the D.C. Circuit · Mar 6, 2020

Bartholomew, 516 U.S. 1, 6 (1995) (per curiam) (describing such reasoning as “mere speculation, in violation of the standards” the Supreme Court has established for Brady claims). … sufficed to dispel any confusion about the different roles of Mason and Miller in the conspiracy.  15 Mason argues that “there can be no assurance that the spillover prejudice that we clearly

Nell Pendleton, Individually and on Behalf of All Others Similarly Situated v. Donald Rumsfeld, Individually and as Secretary of Defense

628 F.2d 102 · Court of Appeals for the D.C. Circuit · Apr 1, 1980

EEO staff, establish its expectations in each program and set logical objectives and time frames for accomplishments in affirmative action programs.” … Such error is not governed by the “clearly erroneous” rules of Fed.R.Civ.P. 52(a) and Fed.R.Civ.P. 53(e)(2). See Golf City, Inc. v.

Shirley P. Langevine v. District of Columbia

106 F.3d 1018 · Court of Appeals for the D.C. Circuit · Feb 25, 1997

The only argument defendants offered in support of the District Court’s judgment as a matter of law was that the officers were immune from damages because they acted with an objectively reasonable belief that their conduct … Although Officers Kelsey and Johnson testified otherwise, the jury clearly did not credit their testimony in this regard. Both parties’ expert witnesses agreed that Ms.

Farrington v. Nielsen

297 F. Supp. 3d 52 · Court of Appeals for the D.C. Circuit · Mar 1, 2018

Therefore, [Farrington] has not established that she is entitled to any back pay other than the back pay previously described in paragraphs (1) and (2) above. Dkt. 16-1 at 55-56. … The record does not clearly reflect whether, or to what extent, the responsibilities of the Region 6 position remained the same after it changed from a DAE to a CORE position.

Children's Hospital of District of Columbia v. Adkins

284 F. 613 · Court of Appeals for the D.C. Circuit · Nov 6, 1922

The act clearly was neither passed to meet a temporary emergency nor “to tide over a passing trouble.” … If Congress may establish a minimum wage for women, it may establish a maximum wage, or it may name a fixed wage.

General Electric Co. v. Jackson

610 F.3d 110 · Court of Appeals for the D.C. Circuit · Jun 29, 2010

The Court addressed this latter question only after finding that real property attachments qualify as deprivations within the meaning of the Due Process Clause. … Finally, GE‘s injuries, if proven, are  29 clearly attributable to EPA‘s administration of CERCLA and redressible by a declaratory judgment finding such practices unconstitutional.

Accuracy in Media, Inc. v. Federal Communications Commission

521 F.2d 288 · Court of Appeals for the D.C. Circuit · Oct 16, 1975

Since the Section is clearly directed to the Corporation and its programming activities, we have no doubt that the Corporation must respect the mandate of the Section. … This existing system of accountability was clearly recognized in the 1967 legislative debates as a crucial check on the power of the CPB.

Scharfeld v. Richardson

133 F.2d 340 · Court of Appeals for the D.C. Circuit · Nov 23, 1942

The plaintiff, there, argued that the Section dispensed with the common law requirement of scienter to establish the liability of an owner for the damage done by his dog. … And thus much of qualified property in wild animals, reclaimed per industriam." (II Bl. Comm. 470-1 (Wendell's ed. 1854)) (Italics supplied.)

United States of America Ex Rel. Dominic Guagliardo v. Neil H. McElroy Secretary of Defense, Department of Defense

259 F.2d 927 · Court of Appeals for the D.C. Circuit · Sep 12, 1958

Indeed, the very language quoted above clearly indicates that the class might well include civilian employees as distinguished from dependents, or at the least, some of them. Mr. … We are left only with a qualified hope that these offenders may be subject to dismissal from “public service” if the offense can be established.

United States v. Billy G. Byers

740 F.2d 1104 · Court of Appeals for the D.C. Circuit · Jul 24, 1984

The Smith decision’s first finding clearly *1165 controls in this case. … This court established nearly a quarter of a century ago that psychologists may qualify as mental health experts. Jenkins v. United States, 307 F.2d 637 (D.C.Cir. 1962).

Patrick A. Tuite v. Mark Henry

98 F.3d 1411 · Court of Appeals for the D.C. Circuit · Nov 1, 1996

Second, and more importantly, the District Court clearly erred in relying almost exclusively on a narrowly defined notion of appellants’ “need” for the documents. … However, it is clear that there is no such threshold requirement under the established case law.

Envirocare of Utah, Inc. v. Nuclear Regulatory Commission

194 F.3d 72 · Court of Appeals for the D.C. Circuit · Oct 22, 1999

The criteria for establishing "administrative standing" there- fore may permissibly be less demanding than the criteria for "judicial standing." See, e.g., Pittsburgh & W.Va. Ry. v. … Cir. 1987), did state: "Because a party entitled to judicial review of agency action clearly qualifies as an 'interested person' who normal- ly may intervene in administrative proceedings, we hold that [peti- tioner] possessed

National Aviation Trades Association v. Civil Aeronautics Board

420 F.2d 209 · Court of Appeals for the D.C. Circuit · Oct 2, 1969

Finally, the need for such a detailed investigation is explained by the fact the Board's approval of an agreement under section 408 confers immunity from the antitrust laws by virtue of section 414 of the Act, 49 U.S.C. 1384 … However, the witness further stated that in the Port Authority's estimation, Pan American was 'qualified to promote and fully develop Teterboro over the shortest interval of time'; specifically, Pan American has a detailed