Case law

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.

Cummings v. Baker

16 App. D.C. 1 · Court of Appeals for the D.C. Circuit · Feb 6, 1900

of this issue at law was not brought to the attention of the courts which, in succession, passed on the case in equity: Had it been, it is probable that the pending question would have been avoided either by a decree of qualified … This idea is clearly set forth by Mr. Justice Field in Cromwell v. County of Sac, 94 U. S. 351, 352 .

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. .

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. 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

United States v. Perry Lynch

499 F.2d 1011 · Court of Appeals for the D.C. Circuit · May 7, 1974

In the first place, the record does not clearly demonstrate that appellant ever established the fact that he was actually suffering from amnesia. … The government responds, first, that the evidence clearly established that Miss Brown was unavailable at the time of trial; and, second, that the requirements of the confrontation clause are clearly met where the defendant

National Ass'n of Postal Supervisors v. United States Postal Service

602 F.2d 420 · Court of Appeals for the D.C. Circuit · Jun 14, 1979

Yet assuming the absence of a constitutionally-based claim, if Congress clearly intended to preclude or restrict review, if judicial interference would imperil the policies underlying the lawmakers’ decision to delegate the … The Postal Service also seeks to establish levels of compensation for its supervisory and managerial personnel that will assure the attraction and retention of qualified and capable supervisors and managers.

Charles S. Foltz v. U.S. News & World Report, Inc. Charles S. Foltz, John Kirby v. U.S. News & World Report, Inc. David B. Richardson v. U.S. News & World Report, Inc.

865 F.2d 364 · Court of Appeals for the D.C. Circuit · Jan 13, 1989

News stock, the governing Plan document directed the Plan to use "the fair market value established" under Article Fifth (e). … It is also clearly distinct from the facts of Pilon v.

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Dole

919 F.2d 753 · Court of Appeals for the D.C. Circuit · Nov 27, 1990

However, the amendments also allow state agencies to waive recovery of nonfault overpayments according to guidelines established by the Secretary. 19 U.S.C. § 2315 (a)(1). … Under Chevron’s familiar two-part test, we first look to see if Congress had a clearly discernible intent on the precise *85 question at issue. If so, then that intention must be given effect.

Cornucopia Inst. v. Agric. Mktg. Serv.

312 F. Supp. 3d 85 · Court of Appeals for the D.C. Circuit · May 14, 2018

s Reply 13, and that since Cornucopia has since posted the revealed uses of the phrase on a permanent public website, the phrase now fits the "public-domain doctrine," under which "materials normally immunized from disclosure … Cornucopia begins with vague allegations that the Government has not identified deliberative records "clearly" enough to establish that all fall within the deliberative process privilege, Pl.'

Pearson v. Washingtonian Pub. Co.

98 F.2d 245 · Court of Appeals for the D.C. Circuit · Apr 25, 1938

It gave a copyright to anyone who published with claim of copyright; but it split up the congeries of rights, powers, privileges and immunities which constituted the original concept of copyright and gave to the word a new … In our opinion the purpose of the law was clearly not to give retroactive effect to a grossly tardy compliance and thus to establish ab initio appellee’s right to maintain *250 an action against one who in the interim had

Private Frank L. Huff v. Secretary of the Navy

575 F.2d 907 · Court of Appeals for the D.C. Circuit · May 15, 1978

. § 1034 clearly goes beyond what Congress intended when it passed that statute. … In so holding, we would properly honor “the sound *920 and established principle that it is not the business of the courts to run the military.” Vander-Molen v.

Guedes v. Bureau of Alcohol, Tobacco, Firearms, & Explosives

356 F. Supp. 3d 109 · Court of Appeals for the D.C. Circuit · Feb 25, 2019

Regardless of the myriad policy reasons that might support or oppose the result here, Congress spoke clearly enough in the text of the FVRA. … The Coalition relies primarily on Lucia , in which the Supreme Court explained that "an individual must occupy a 'continuing' position established by law to qualify as an officer." Lucia , 138 S.Ct. at 2051 .

DL v. Dist. of Columbia, Corp.

924 F.3d 585 · Court of Appeals for the D.C. Circuit · May 21, 2019

The parties and the district court agree that this case qualifies as “complex federal litigation.” DL, 267 F. Supp. 3d at 69. … Rule 52(a) provides that “[f]indings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous . . . .”

Constellium Rolled Products Ravenswood, LLC v. NLRB

45 F.4th 234 · Court of Appeals for the D.C. Circuit · Aug 9, 2022

See Wendt Corp., 369 NLRB No. 135 (July 29, 2020) (“[C]ircumstantial evidence of animus under Tschiggfrie Properties is clearly established by the [company’s] disparate treatment of [an employee].”) … According to Petitioner, under the General Motors framework, Williams’s writing of “whore board” does not qualify as Section 7 protected activity. Pet’r Reply Br. 10.

United States v. John D. Ehrlichman

546 F.2d 910 · Court of Appeals for the D.C. Circuit · Feb 22, 1977

On the one hand, the requirement that the constitutional right in question be clearly established provides the specificity needed for a criminal statute to meet minimal standards of due process. … As we have already pointed out, in this case the law clearly establishes a violation of Dr.

United States v. State of Maryland, for the Use of Mary Jane Meyer, United States of America v. State of Maryland, for the Use of Vance Lewman Brady, Widow, United States of America v. Capital Airlines, Inc., a Corporation

322 F.2d 1009 · Court of Appeals for the D.C. Circuit · Jun 13, 1963

If there is a seat available and the man qualifies in accordance with the regulations, it is permissible to take him up on that flight. The Air Force does it all the time. 11 "Q. … And replacement value — however probative it may or may not be in establishing market value — is not the equivalent of market value. Cf. Bailey v. Ford, supra; Chesapeake & P. Telephone Co. v.

Patent Office Professional Ass'n v. Federal Labor Relations Authority

26 F.3d 1148 · Court of Appeals for the D.C. Circuit · Jun 28, 1994

Clearly, the Panel’s jurisdiction is premised on the parties being “unable to reach agreement, notwithstanding their efforts to do so.” … The FSLMRS clearly forbids bargaining over government-wide regulations.

Dorcas J. Daniels-Lumley v. United States of America

306 F.2d 769 · Court of Appeals for the D.C. Circuit · Jun 7, 1962

Accordingly, unless plaintiff’s injuries were clearly not compensable under the F. E. C. A. … A Bureau of Employees’ Compensation and an Employees’ Compensation Appeals Board had been established under the Act by Order 58 of the Federal Security Agency of July 16, 1946, 11 Fed. Beg. 7943.