Case law

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  • A. Eugene RAMEY, Appellant, v. Charles A. BOWSHER, Comptroller General of the United States, Appellee

    9 F.3d 133 · Court of Appeals for the D.C. Circuit · Feb 15, 1994

    Telecommunications Research & Action Center v. … United States v. Nordic Village, Inc., — U.S. —,—, 112 S.Ct. 1011, 1014-15 , 117 L.Ed.2d 181 (1992); Ruckelshaus v.

    Cited 19 timesPublished
  • Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Appeal of Caddo Tribe of Oklahoma

    788 F.2d 765 · Court of Appeals for the D.C. Circuit · Apr 18, 1986

    Brown, Indianapolis, Ind., for appellant in No. 85-5306, Wichita and Affiliated Tribes of Oklahoma. John A. Bryson, Atty., Dept. of Justice, with whom Dirk D. … The jurisdiction of this Board is limited to decision of legal disputes within the Board's competence as defined by Departmental regulation.

    Cited 102 timesPublished
  • AdvancePierre Foods, Inc. v. NLRB

    966 F.3d 813 · Court of Appeals for the D.C. Circuit · Jul 24, 2020

    Co. v. NLRB, 857 F.3d 877, 881 (D.C. Cir. 2017) (citation omitted). “The Board’s discretion in fashioning remedies under the Act is extremely broad and subject to very limited judicial review.” Fallbrook Hosp. Corp. v. … Because AdvancePierre’s frontal attack on Board precedent was never made to the Board and extraordinary circumstances do not excuse its failure, we cannot reach this argument.7 See Camelot Terrace, Inc. v.

    Cited 5 timesPublished
  • United States v. Ronald James Toms, A/K/A Block

    136 F.3d 176 · Court of Appeals for the D.C. Circuit · Apr 17, 1998

    Harrison, 931 F.2d at 71 ; see also Brown v. United States, 546 A.2d 390, 394 (D.C.1988). The government offers two theories as to Toms’s knowledge. … See, e.g., United States v.

    Cited 33 timesPublished
  • Williams v. Wilkie

    320 F. Supp. 3d 191 · Court of Appeals for the D.C. Circuit · Aug 13, 2018

    Browning v. Clinton , 292 F.3d 235 , 242 (D.C. Cir. 2002). I. Subject Matter Jurisdiction Under Rule 12(b)(1), the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. … Fermin v.

    Cited 8 timesPublished
  • Michael K. Frizelle v. Rodney E. Slater, Secretary of Transportation

    111 F.3d 172 · Court of Appeals for the D.C. Circuit · Apr 25, 1997

    Decisions of the civilian board are subject to review under § 706 of the Administrative Procedures Act, 5 U.S.C. § 706 . Dickson v. Secretary of Defense, 68 F.3d 1396, 1404 (D.C.Cir.1995); Kreis v. … Jolly v.

    Cited 196 timesPublished
  • Paul N. Carlin v. John R. McKean Individually and as a Member of the Board of Governors of the U.S. Postal Service

    823 F.2d 620 · Court of Appeals for the D.C. Circuit · Jul 17, 1987

    The only mention of this argument in Board of Governors v. … Fletcher v.

    Cited 23 timesPublished
  • Absolute Healthcare v. NLRB

    103 F.4th 61 · Court of Appeals for the D.C. Circuit · May 31, 2024

    Corp. v. NLRB, 379 U.S. 203, 216 (1954). … We therefore vacate the portion of the Board’s decision ordering those remedies. See Bozzuto’s Inc. v.

    Cited 1 timesPublished
  • J.G. Kern Enterprises, Inc. v. NLRB

    94 F.4th 18 · Court of Appeals for the D.C. Circuit · Mar 1, 2024

    This court’s role in reviewing a Board decision is “limited.” Wayneview Care Ctr. v. NLRB, 664 F.3d 341, 348 (D.C. Cir. 2011). … The General Counsel and the Board may use any available theory deemed appropriate to assess unfair labor practice allegations. See, e.g., NLRB v.

    Cited 1 timesPublished
  • Rex v. Federal Aviation Administration

    321 F. App'x 1 · Court of Appeals for the D.C. Circuit · Mar 10, 2009

    It is FURTHER ORDERED AND ADJUDGED that the petition for review of the December 21, 2007 order of the National Transportation Safety Board (“NTSB”) be denied. … The NTSB’s decision is supported by substantial evidence, see Garvey v.

    Cited 0 timesPublished
  • Pan American World Airways, Inc. And Trans World Airlines, Inc. v. Civil Aeronautics Board, Sudflug Suddeutsche Fluggesellschaft Mbh, Intervenor. Pan American World Airways, Inc. And Trans World Airlines, Inc. v. Robert T. Murphy, Sudflug Suddeutsche Fluggesellschaft Mbh, Intervenor

    392 F.2d 483 · Court of Appeals for the D.C. Circuit · Jan 31, 1968

    Switchmen's Union [of North America] v. [National] Mediation Board, 320 U.S. 297, 301 [, 64 S.Ct. 95 , 88 L.Ed. 61 ]. … Sparks v. C. A.

    Cited 36 timesPublished
  • Christiana Tah v. Global Witness Publishing, Inc.

    991 F.3d 231 · Court of Appeals for the D.C. Circuit · Mar 19, 2021

    Brown and Katie Townsend were on the brief for amici curiae Reporters Committee for Freedom of the Press and 26 Media Organizations in support of appellees/cross- appellants. … Or put another way, “appellate courts do not sit as self-directed boards of legal inquiry and research, but essentially as arbiters of legal questions presented and argued by the parties before them.” Carducci v.

    Cited 32 timesPublished
  • District Hospital Partners, L.P. v. NLRB

    141 F.4th 1279 · Court of Appeals for the D.C. Circuit · Jun 27, 2025

    Avecor, Inc. v. … Regal Cinemas, Inc. v. NLRB, 317 F.3d 300, 306–07 (D.C. Cir. 2003) (quoting Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951)). “We review the Board’s procedural rulings for an abuse of discretion.”

    Cited 2 timesPublished
  • Chambers v. Robertson

    183 F.2d 144 · Court of Appeals for the D.C. Circuit · Jun 12, 1950

    Therefore, any court intervention, to be effective, must be before a decision by the Board or, at least, must be initiated before such decision (compare Aircraft & Diesel Corp. v. … Nor is this a case where final decision, if it is to be effective, should be deferred until after the decision of the Board (Cf. Aircraft & Diesel Equipment Corp. v.

    Reversed on other grounds by Robertson v. Chambers, 341 U.S. 37 (1951)Cited 8 timesPublished
  • Farmer v. United Electrical, Radio & Machine Workers of America

    211 F.2d 36 · Court of Appeals for the D.C. Circuit · Dec 4, 1953

    Corp. v. United States, 12 Columbia Broadcasting System v. United States, 13 and Joint Anti-Fascist Refugee Committee v. … American Federation of Labor v. National Labor Relations Board, 1940, 308 U.S. 401, 412 , 60 S.Ct 300 , 84 L.Ed. 347 ; and Inland Empire District Council v.

    Cited 26 timesPublished
  • Isbrandtsen Co., Inc. v. United States

    211 F.2d 51 · Court of Appeals for the D.C. Circuit · Jun 1, 1954

    In its brief the Board explains that General Order 76 was promulgated because “[f]ollowing the decision in Isbrandtsen Co. v. … United States, 1939, 307 U.S. 125, 143-144 , 59 S.Ct. 754 , 83 L.Ed. 1147 ; Phillips v. Securities and Exchange Comm., 2 Cir., 1948, 171 F.2d 180, 183 . . Board’s brief, p. 11. . Joint Anti-Fascist Refugee Committee v.

    Cited 106 timesPublished
  • Davis v. Pension Benefit Guaranty Corp.

    734 F.3d 1161 · Court of Appeals for the D.C. Circuit · Nov 1, 2013

    The Pilots were represented by counsel throughout the Board proceedings. As to the timing of the Schofield declaration, the Pilots rely on Esch v. Yeutter, 876 F.2d 976, 991 (D.C. … Davis v. PBGC, 815 F. Supp. 2d at 292.

    Cited 41 timesPublished
  • Bayshore Cmty. Hosp. v. Azar

    325 F. Supp. 3d 18 · Court of Appeals for the D.C. Circuit · Sep 6, 2018

    Hosp. v. … Corp. v.

    Cited 8 timesPublished
  • Veritas Health Servs., Inc. v. Nat'l Labor Relations Bd.

    895 F.3d 69 · Court of Appeals for the D.C. Circuit · Jul 10, 2018

    Du Pont De Nemours & Co. v. NLRB , 682 F.3d 65 , 67 (D.C. Cir. 2012). In particular, we defer to the Board's well-reasoned "interpretation of its own precedent," Ceridian Corp. v. NLRB , 435 F.3d 352 , 355 (D.C. … We review the Board's denial of an administrative subpoena for abuse of discretion. See SSC Mystic Operating Co. v. NLRB , 801 F.3d 302 , 330 (D.C. Cir. 2015) ; Joseph T. Ryerson & Son, Inc. v.

    Cited 9 timesPublished
  • Roland Belton v. United States

    259 F.2d 811 · Court of Appeals for the D.C. Circuit · May 15, 1958

    The prosecution called but one eye witness, Wallace Brown. He supported appellant’s claim of self defense. … Rule 37(a) (2) F.R.Crim.P., 18 U.S.C.; Boykin v. Huff, 73 App.D.C. 378 , 121 F.2d 865 ; Williams v. United States, 88 U.S.App.D.C. 212 , 188 F.2d 41 ; accord, Shannon v.

    Declined to follow by West v. United States, 346 A.2d 504 (1975)Cited 30 timesPublished

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