Case law

Trailways, Inc. v. Interstate Commerce Commission

673 F.2d 514 · Court of Appeals for the D.C. Circuit · Mar 16, 1982

In this it was clearly wrong. … It was clearly wrong in concluding simply that it had no power to notice it.

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).

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.

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.

Carl C. Smuck, a Member of the Board of Education of the District of Columbia v. Julius W. Hobson, Carl F. Hansen, Superintendent of Schools of the District of Columbia v. Julius W. Hobson

408 F.2d 175 · Court of Appeals for the D.C. Circuit · Jan 21, 1969

While the scope of this discretion is uncertain, its existence is not: some policies may be constitutionally permissible, and hence immune to attack in a fresh lawsuit, which are not constitutionally required. … The situation here is clearly unique and, likely enough, finds no counterpart throughout the nation.

Central & Southern Motor Freight Tariff Ass'n v. United States

757 F.2d 301 · Court of Appeals for the D.C. Circuit · Mar 19, 1985

To deal clearly with the myriad petitioners, respondents, and intervenors and the plethora of arguments they raise, we adopt two conventions. … It is irrelevant because even if these two petitioners lack standing, other (individual) petitioners clearly have standing to raise (and have raised) identical claims.

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).

Association of American Railroads v. Interstate Commerce Commission and United States of America, S. C. Loveland Co., Inc., Intervenor

564 F.2d 486 · Court of Appeals for the D.C. Circuit · Jul 29, 1977

In the alternative, we conclude that the proper meaning of the custom-of-the-trade provision is established by the context of the provision in the Act itself. … According to the Department’s report, sugar is the only important commodity moving in bulk which does not qualify under the custom-of-the-trade provision.

Michael Crooks v. Raymond Mabus, Jr.

845 F.3d 412 · Court of Appeals for the D.C. Circuit · Dec 23, 2016

However, [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Under well-established law, the Navy was only required to review relevant information and articulate a satisfactory explanation establishing “a rational connection between the facts found and the choice made.” Am.

Old Dominion Dairy Products, Inc. v. Secretary of Defense

631 F.2d 953 · Court of Appeals for the D.C. Circuit · Oct 30, 1980

that the concept encompasses more than mere freedom from bodily restraint, and includes “the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish … The Supreme Court established long ago that, while a corporation was not a “citizen” within the meaning of the privileges and immunities clause, “a corporation is a ‘person’ within the meaning of the equal protection and

Alan F. Gersman v. Group Health Association, Inc.

975 F.2d 886 · Court of Appeals for the D.C. Circuit · Sep 15, 1992

We would have to accept such an unfortunate result if Bennett clearly mandated the interpretation that the majority gives to it. … For example, the Supreme Court’s qualified immunity jurisprudence requires that courts routinely determine whether government officials "violate clearly established statutory or constitutional rights of which a reasonable

Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget

Court of Appeals for the D.C. Circuit · Aug 9, 2025

“But § 1983 provides a cause of action only for the deprivation of rights, privileges, or immunities.” Id. at 2229 (citation modified). … An Act to establish the Treasury Department, ch.

Children's Hosp. Ass'n of Tex. v. Azar

300 F. Supp. 3d 190 · Court of Appeals for the D.C. Circuit · Mar 6, 2018

Sullivan, United States District Judge Medicaid is a federal program that helps to cover the costs of providing medical care to qualified individuals. … Accordingly, the amendment created "payment adjustment[s]" for qualifying hospitals. See 42 U.S.C. § 1396r-4(c).

United States v. Dougherty

473 F.2d 1113 · Court of Appeals for the D.C. Circuit · Jun 30, 1972

That would be unavoidable had Congress attempted to narrow or qualify the pro se right along the lines advocated by the Government on this appeal. But that is not the case. … The language declaring the pro se right is not qualified, see 28 U.S.C. § 1654 .

Enterprise Ass'n of Steam, Hot Water, Hydraulic Sprinkler, Pneumatic Tube, Ice Machine & General Pipefitters of New York & Vicinity, Local Union No. 638 v. National Labor Relations Board

521 F.2d 885 · Court of Appeals for the D.C. Circuit · Jul 1, 1975

The Court traced the evolution of Sections 8(b)(4)(B) and 8(e) and determined that the sweeping language of these sections had to be qualified by the congressional intent, now expressed in the proviso to Section 8(b)(4)(B … Clearly the majority rejected this argument. . National Woodwork, 386 U.S. at 644 , 87 S.Ct. at 1268 . . Id. at 645 , 87 S.Ct. at 1268. .

Eastland Co. v. Federal Communications Commission

92 F.2d 467 · Court of Appeals for the D.C. Circuit · Jun 28, 1937

. § 402 (e) as follows : “that the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear … The act of 1934 (section 307 (b), 48 Stat. 1083 , 47 U.S.C.A. § 307 (b), commonly known as the “Davis Amendment,” 45 Stat. 373 , provides “That the people of all the zones established by this title are entitled to equality

Southern California Edison Co. v. Federal Energy Regulatory Commission

116 F.3d 507 · Court of Appeals for the D.C. Circuit · Jun 17, 1997

Quite clearly, however, this restriction to original purposes does not extend to the land-administering departments’ “protection and utilization” determinations. … Because the conditions require only notice and prior permission, we think they clearly meet this test.

Howard Symons v. Chrysler Corporation Loan Guarantee Board

670 F.2d 238 · Court of Appeals for the D.C. Circuit · Dec 4, 1981

A generic definition of agency was used in the law instead of a specific list of agencies so that qualifying subsequently-constituted agencies would automatically be covered by the Act. … Clearly it is contemplated that, during the tenure of an appointed and confirmed official, that official might be required to discharge duties assigned by subsequently enacted legislation. Cf. Shoemaker v.

United States v. Dale

991 F.2d 819 · Court of Appeals for the D.C. Circuit · Apr 6, 1993

That multiple representation, Sweeney asserts, precluded Kotelly from advising Sweeney to seek immunity from the government in exchange for testimony against his co-defendants. … In their Memorandum Concerning the Non-Applicability of the Sentencing Guidelines, the defendants argued to the district court that, “the general verdicts of guilty on Count One clearly do not establish that defendants participated

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.