Case law

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.

National Ass'n of Manufacturers v. Securities & Exchange Commission

800 F.3d 518 · Court of Appeals for the D.C. Circuit · Aug 18, 2015

I would conclude that interest qualifies as a substantial one under Central Hudson . … That a disclosure is factual, standing alone, does not immunize it from scrutiny because “[t]he right against compelled speech is not, and cannot be, restricted to ideological messages.”

Railway Labor Executives' Association v. Csx Transportation, Inc

938 F.2d 224 · Court of Appeals for the D.C. Circuit · Sep 19, 1991

Congress clearly re- ' quires that sales transactions like P & LE’s proposal must satisfy the requirements of the ICA, but we find nothing in the RLA to prevent the immediate consummation of P & LE’s contract to sell. … CSXT argues that we may affirm the district court on the alternative ground that under the immunity clause in section 11341(a), the ICC’s approval of the sales preempts any bargaining and status quo obligations imposed by

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 .

Cadbury Beverages, Inc. v. National Labor Relations Board

160 F.3d 24 · Court of Appeals for the D.C. Circuit · Nov 17, 1998

Matzan’s conversation with Dennis about not turning to Graffius for assistance in obtaining a bonus clearly falls within this latter fine of cases. … But in concluding that that fact immunizes the company from liability, petitioner reads the disjunctive out of Ohmite, and seemingly asserts the baffling proposition that the Board must always engage in Ohmite’s balancing

Saunders v. McMahon

300 F. Supp. 3d 211 · Court of Appeals for the D.C. Circuit · Mar 7, 2018

She was very qualified for what we, how we envisioned this office to be. … The standard for a new trial is less onerous than one for a motion for a judgment as a matter of law but " 'must clearly establish either a manifest error of law or fact or must present newly discovered evidence.' " Nyman

Atlas Copco, Inc. v. Environmental Protection Agency

642 F.2d 458 · Court of Appeals for the D.C. Circuit · May 30, 1980

position is not, however, congruous with the scope of the regulation, which further contemplates a discretionary determination as to whether “any or all” compressors in the failing configuration must undergo more testing. 72 Clearly … While the focus of many of the issues pressed is on provisions outside the jurisdictional grant found in Section 16(a) of the Act, and thus are immune from our review, the Administrator’s product-testing program has received

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. .

Railway Labor Executives' Association v. United States Railroad Retirement Board

749 F.2d 856 · Court of Appeals for the D.C. Circuit · Dec 5, 1984

Clearly, what is at issue here is the interplay between the exception to coverage provisions of the RRA and RUIA and Canadian law. … It is well established that an agency's construction of its own governing statutes is entitled to considerable deference. Chevron U.S.A., Inc. v.

Public Citizen v. National Advisory Committee on Microbiological Criteria for Foods

886 F.2d 419 · Court of Appeals for the D.C. Circuit · Sep 26, 1989

Clearly, “some” representation cannot mean “direct” representation'; even the National Anti-Hunger court recognized that section 5 of the FACA “confers no cognizable personal right to an advisory committee appointment” on … would have to determine which organizations or individuals qualified as bona fide “consumer representatives.”

Brown v. Dep't of State

317 F. Supp. 3d 370 · Court of Appeals for the D.C. Circuit · Jul 12, 2018

Under the "public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record." Cottone v. … They are clearly privileged.

Air Line Pilots Ass'n, International v. Civil Aeronautics Board

667 F.2d 181 · Court of Appeals for the D.C. Circuit · Oct 30, 1981

BACKGROUND The Federal Aviation Act of 1958 established a bifurcated regulatory scheme for the air transportation industry. … The CAB’s notice of proposed rulemaking regarding data reporting requirements for fitness determinations, 45 Fed.Reg. 42593 (1980), makes clear that the Board does not ignore safety-related issues which it is qualified to

Prasad v. George Wash. Univ.

390 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · May 17, 2019

a breach of duty without the testimony of a witness "who is qualified as an expert by knowledge, skill, experience, training, or education," see Fed. … Supp. 2d at 45 ("When expert testimony is necessary to establish the standard of care, a plaintiff's failure to name an expert constitutes grounds for dismissal."). B. Plaintiff cannot establish causation.

W. Sur. Co. v. U.S. Eng'g Co.

375 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Mar 20, 2019

Engineering's allegations about United Sheet Metal's work," "establishes the amount of U.S. … Engineering's notice was clearly untimely. This finding is in accord with Sheet Metal Workers' Local Union No. 100 Washington, D.C. Area Pension Fund v. Western Surety Co. , 187 F.Supp.3d 569 (D.

Masters Pharmaceutical, Inc. v. Drug Enforcement Administration

861 F.3d 206 · Court of Appeals for the D.C. Circuit · Jun 30, 2017

More fundamentally, the key question in this case is not whether held orders qualified as “suspicious” under Masters’ policies; the question is whether they qualified as “suspicious” under 21 C.F.R. § 1301.74(b). … The Administrator determined that the ALJ should not have excluded that evidence; as he explained, “[n]othing in the [Settlement Agreement] provided [Masters] with immunity for potential violations [of the Controlled Substances

Kaspar Wire Works, Inc. v. Secretary of Labor

268 F.3d 1123 · Court of Appeals for the D.C. Circuit · Nov 6, 2001

The OSHA recordkeeping regulations re- quire an employer to: (1) maintain in each establishment a log and summary of all recordable occupational injuries and illnesses for that establishment; and (2) enter … Kaspar Wire did not argue either to the Commission or to the court that its first aid log qualified as an "equivalent" to OSHA form No. 200.

Green v. Federal Communications Commission

447 F.2d 323 · Court of Appeals for the D.C. Circuit · Jun 18, 1971

While we observe that the three network licensees in the Washington area all invited petitioner Green to appear in one program format or another, clearly under the FCC fairness doctrine the licensees were not obligated to … The Commission’s general approach to this facet of the fairness doctrine is set forth in a 1964 ruling, Letter to Mid-Florida Television Corporation, 40 F.C.C. 620 , 621 (1964) : * * * The Commission does not seek to establish