Case law

Garnett v. Zeilinger

323 F. Supp. 3d 58 · Court of Appeals for the D.C. Circuit · Aug 23, 2018

Gaines have established standing at this juncture as to Claim 2. 9 3. … And as in Wilder , the provisions at issue are clearly intended to benefit the recipients as individuals.

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 . . . .”

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.

Gerald Brent Fagan v. National Cash Register Company

481 F.2d 1115 · Court of Appeals for the D.C. Circuit · Aug 21, 1973

Phillips Petroleum Company, 447 F.2d 159 , where women were excluded from achieving seniority rights which were awarded to males, and where, indeed, this otherwise qualified plaintiff-appellant was laid off and her job was … Congress sought to establish equal occupational opportunities, an equal right to available employment, equal pay for equal work and equal working conditions.

Allied Aviation Service Co. of New Jersey v. National Labor Relations Board

854 F.3d 55 · Court of Appeals for the D.C. Circuit · Apr 18, 2017

An ALJ then heard an additional day of testimony and accepted post- hearing briefing on whether the Training Supervisors qualified as statutory supervisors. … But we need not decide whether Allied forfeited its bid for the NLRB to dismiss this case in  11 order that it might be reheard before the NMB because the record clearly supports the NLRB’s exercise

The Diplomat Lakewood Incorporated, an Ohio Corporation v. Patricia Roberts Harris, Secretary, U. S. Department of Health, Education and Welfare

613 F.2d 1009 · Court of Appeals for the D.C. Circuit · Nov 16, 1979

Approximately one-fourth of Diplomat’s patients require this high degree of care and otherwise qualify for Medicare benefits. … The qualifying age for Medicare benefits is 65, except in a few circumstances not relevant here. 42 U.S.C. § 1395c (1976). 2 .

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.

Campbell v. United States Department of Justice

164 F.3d 20 · Court of Appeals for the D.C. Circuit · Dec 29, 1998

One way to discharge this burden is to submit a declaration from an appropriately qualified official attesting to the basis for the agency's deci- sion. … First, death clearly matters, as the deceased by definition cannot personally suffer the  privacy-related injuries that may plague the living.

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

Northpoint Technology, Ltd. v. Federal Communications Commission, Echostar Satellite Corporation, Intervenors

414 F.3d 61 · Court of Appeals for the D.C. Circuit · Jul 15, 2005

Instead, it simply shifts the burden for avoiding harmful interference in those instances from the MVDDS providers to the DBS providers-something that is clearly not barred by the RLBSA. … The FCC has promulgated various regulations governing the processing of such applications and establishing certain filing deadlines.

Jane Doe v. Robert E. Hampton, Individually and as Chairman, U. S. Civil Service Commission

566 F.2d 265 · Court of Appeals for the D.C. Circuit · Nov 3, 1977

Eck’s opinion clearly established the necessary causal link between the medical conclusion reached in the fitness-for-duty examination and appellant’s disruptive behavior and unsatisfactory job performance. … Sanders, 430 U.S. 99 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977), the complaint clearly survives upon the latter. .

United States v. Richard Kelly

748 F.2d 691 · Court of Appeals for the D.C. Circuit · Nov 16, 1984

Second, he contends the district court should have acquitted him on the ground that the evidence refuted predisposition and established entrapment as a matter of law. … If that were so, bribe-takers could immunize themselves from prosecution by the artifice of always vigorously refusing the initial offer.

Rca Global Communications, Inc. v. Federal Communications Commission

758 F.2d 722 · Court of Appeals for the D.C. Circuit · Apr 5, 1985

Nor can the FCC seriously rely on note 14 of the Prescription Order 15 for evidence that it clearly validated a tariff substantively identical to the one at issue in this case. … However, the Commission's simultaneous denial of RCA's complaint, which was premised on arguments identical to those raised in the petition to reject, is clearly reviewable.

Jones, Mabel S. v. Prince George Cty

348 F.3d 1014 · Court of Appeals for the D.C. Circuit · Nov 14, 2003

Nina clearly suffers from an injury that the Prince George’s County defendants allegedly caused and that the requested relief would redress: the shooting deprived Nina of her father’s financial and emotional support, the … Although an existing party who is ineffectual, incompetent, or unwilling to raise claims or arguments that would benefit the putative intervenor may qualify as an inadequate representative in some cases, this is not such

United States v. Olabimpe Olejiya

754 F.3d 986 · Court of Appeals for the D.C. Circuit · Jun 10, 2014

We assume without deciding that Akinadewo merely forfeited the issue because we conclude that he cannot establish plain error. See Tann, 532 F.3d at 872. … Franklin about the quantity of PCP on the street” to establish conspiracy’s entire amount was foreseeable by, and therefore attributable to, defendant).

J.G.G. v. Donald Trump

Court of Appeals for the D.C. Circuit · Aug 8, 2025

And on the dispositive interpretive question addressed above, the TRO seems to me clearly ambiguous, which makes the imposition of criminal contempt clearly inappropriate. … Nonetheless, the district court denied Peru’s request to dismiss the suit on immunity grounds. Id.

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency

859 F.2d 156 · Court of Appeals for the D.C. Circuit · Sep 20, 1988

ICC, 725 F.2d 716 , 726 (D.C.Cir.1984), will qualify as hardship. In Eagle-Picher Industries, Inc. v. … The agency’s position is clearly final.

International Broth. of Teamsters v. Pena

17 F.3d 1478 · Court of Appeals for the D.C. Circuit · Mar 15, 1994

The first seems clearly ruled out by common sense and the presumption in favor of reviewability. See Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 410 , 91 S.Ct. 814, 820 , 28 L.Ed.2d 136 (1971). … The petitioner seeks to satisfy this requirement by arguing that the FHWA's action unleashes Mexican drivers on American roads even though they would not qualify for American CDLs.

American Maritime Association v. United States of America Aeron Marine Shipping Company, American Maritime Association Phoenix Bulkship I, Inc. v. United States of America American Maritime Association, Phoenix Bulkship I, Inc. v. United States of America

766 F.2d 545 · Court of Appeals for the D.C. Circuit · Jul 2, 1985

Instead, the section provides that all ship purchasers who qualify may buy ships which are eligible for CDS payments. … Congress clearly expected MarAd to extend CDS as well as ODS to qualified bulk carriers under the 1970 amendments.

Holy Spirit Association for the Unification of World Christianity v. Central Intelligence Agency and Stansfield Turner

636 F.2d 838 · Court of Appeals for the D.C. Circuit · Apr 2, 1981

Id. at 5, JA at 117. 7 We reverse the court’s ruling that any of these fifteen records qualified as congressional records. … Personnel and similar files whose disclosure would constitute a clearly unwarranted invasion of personal privacy are protected by exemption 6, 5 U.S.C. § 552 (b)(6). 14 .