Case law

Jacinto-Castanon De Nolasco v. U.S. Immigration & Customs Enforcement

319 F. Supp. 3d 491 · Court of Appeals for the D.C. Circuit · Jul 19, 2018

First, defendants contend that the Court lacks jurisdiction to grant the requested relief because plaintiffs have not pled a waiver of sovereign immunity. See Opp'n at 14-15. … Third, defendants suggest that the motion for a preliminary injunction is subject to a heightened standard, under which plaintiffs must "clearly" show that they are entitled to relief or that "extreme or very serious damage

Salazar Ex Rel. Salazar v. District of Columbia

809 F.3d 58 · Court of Appeals for the D.C. Circuit · Dec 18, 2015

In this case, by contrast, the District identifies no such submarket, instead acquiescing in the notion that the litigation at issue qualifies as complex federal litigation (as to which the Laffey Matrices apply). … Moreover, our decision in Eley, 793 F.3d at 104-05, reaffirmed our prior decision in Covington, 57 F.3d at 1110, in which we held that the fee applicants “clearly” met their burden of justifying their requested rates and

Artis v. Bernanke

630 F.3d 1031 · Court of Appeals for the D.C. Circuit · Jan 11, 2011

The Supreme Court recently clarified that “a threshold limitation on a statute’s scope shall count as jurisdictional” only “[i]f the Legislature clearly states” as much; otherwise “courts should treat the restriction as nonjurisdictional … Failing to pay class members at the comparable hourly rate or salary paid to non-class members who were no more qualified than were the class members. b.

Water Transport Ass'n v. Interstate Commerce Commission

819 F.2d 1189 · Court of Appeals for the D.C. Circuit · Jun 5, 1987

The Commission does not oppose WTA’s reliance on harm sustained by its member organizations to establish injury in fact. … Code Cong. & Admin.News at 4174 ("[t]he provision contained in this section ... qualifies each provision of each section of this Act"). . Ex parte No. 367, Railroad Transp.

Boise Cascade Corp. v. National Labor Relations Board

860 F.2d 471 · Court of Appeals for the D.C. Circuit · Nov 4, 1988

That finding is clearly supported by substantial evidence. … A recognition clause therefore does not become invalid or immune from unilateral company extinction following impasse merely by labelling it "obsolete," "lifeless,” or "confusing.”

Cares Community Health v. HHS

944 F.3d 950 · Court of Appeals for the D.C. Circuit · Dec 20, 2019

As Cares acknowledges, Oral Arg.  14 Rec. 13:35-46, the statute—with its inconsistent language and many cross-references—is not a model of clarity, so any argument that it clearly forecloses … It fails to establish that the Not Less Than Provision necessarily applies to Part D prescription drug plans’ reimbursements to FQHCs.

One-O-One Enterprises, Inc. v. Richard E. Caruso

848 F.2d 1283 · Court of Appeals for the D.C. Circuit · Jun 7, 1988

The contractual option to buy all of Guld’s stock established defendants’ “right to purchase” that stock. … As the district court observed, “[i]f [the parties] intended to say that the level of advertising may not fall below the level being provided on February 4, 1985, when the Agreement was executed, they could have clearly said

Meredith Corp. v. Federal Communications Commission

809 F.2d 863 · Court of Appeals for the D.C. Circuit · Jan 16, 1987

The Commission concluded there was abundant relevant evidence establishing that the issue was still controversial. … Section 315 obligates broadcasters to provide equal time to all legally qualified candidates for public office. 47 U.S.C. § 315 (a) (1982).

Faic Securities, Inc. v. United States of America Federal Home Loan Bank Board, Securities Industry Association v. Federal Deposit Insurance Corporation, Federal Home Loan Bank Board, Faic Securities, Inc. v. United States of America, Federal Home Loan Bank Board Securities Industry Association v. Federal Deposit Insurance Corporation, Federal Home Loan Bank Board

768 F.2d 352 · Court of Appeals for the D.C. Circuit · Jul 26, 1985

Baird, 405 U.S. at 445 , 92 S.Ct. at 1034 (noting that the qualifying relationship in that case "was not simply the fortuitous connection between a vendor and potential vendees"); Sedler, Standing to Assert Constitutional … We do not think a notation of the a fortiori character of the case qualifies as an acknowledgment of the requisite nature of the element that makes it a fortiori. 29 It must be admitted that the Court's most recent statement

Hays v. Sebelius

589 F.3d 1279 · Court of Appeals for the D.C. Circuit · Dec 22, 2009

In 2008, four Medicare contractors announced that the medical necessity of administering the two drugs in a combined dose, as compared to separate doses, had not been established. … The court rightly declines on the ground that the statute – 42 U.S.C. § 1395y(a)(1)(A) – clearly forecloses application of the least costly alternative policy to DuoNeb. Slip Op. at 4.

Citizens for Safe Power, Inc., and Audubon Naturalist Council v. Nuclear Regulatory Commission, Maine Yankee Atomic Power Company, Intervenor

524 F.2d 1291 · Court of Appeals for the D.C. Circuit · Dec 22, 1975

To the extent now relevant this stipulation provided for admission into evidence of the AEC’s EIS, stated that the opinions and conclusions expressed therein were those of qualified persons, and defined the only contested … Seaborg, 312 F.Supp. 1205, 1231 (D.Colo.1970): “Radiation protection standards are established by the various agencies through a complex process.

Kenneth Adams v. Terrel H. Bell, Individually, and as Secretary of the Department of Education

711 F.2d 161 · Court of Appeals for the D.C. Circuit · Jun 10, 1983

Immunity from process is waived if not timely asserted by the *198 party claiming it, Schwarz v. Thomas, 222 F.2d 305 (D.C.Cir.1955), and the Adams plaintiffs have never requested immunity by special appearance. … In any event, courts grant immunity only if it serves their convenience, Lamb v.

Carolee Brady Hartman All Other Approx. 50 Additional v. Joseph Duffey, Director, United States Information Agency All Other One Additional Carolee Brady Hartman All Other Approx. 50 Additional v. Joseph Duffey, Director, United States Information Agency All Other One Additional

19 F.3d 1459 · Court of Appeals for the D.C. Circuit · Apr 5, 1994

Wick, 600 F.Supp. 361 (D.D.C.1984), an order establishing the remedial framework in 1988, Hartman v. … The imposition of this special hiring requirement clearly qualifies the 1992 order as an injunction appealable at this time so that the USIA can "effectually challenge" the order's direct and, arguably, irreparable impact

Jephunneh Lawrence v. Elmer B. Staats

640 F.2d 427 · Court of Appeals for the D.C. Circuit · Feb 5, 1981

An “independent establishment” is defined by the *432 preceding section 104 to include the General Accounting Office as follows: For the purpose of this title, “independent establishment” means— (1) an establishment in the … (emphasis added), but qualifies its application to the legislative and judicial branches with the phrase “having positions in the competitive service”.

Land v. Dollar Sawyer, Secretary of Commerce v. Dollar

190 F.2d 366 · Court of Appeals for the D.C. Circuit · Apr 11, 1951

Such a nullifying order would most clearly not be what the Court meant by “a proper case”. An ancillary order pendente lite cannot be in complete conflict with a final decree already entered. . … Justice Murphy dissented because he was of opinion that the restraining order was void under specific declaration of the Congress in the Norris-LaGuardia Act, but he pointed out that no man can violate with immunity an order

Southeastern Aviation, Inc. v. Civil Aeronautics Board

283 F.2d 189 · Court of Appeals for the D.C. Circuit · Oct 17, 1960

The Board reasoned (1) that public convenience and necessity require the establishment of federally certificated air service in Tennessee; (2) that Southern was an applicant for the route since it had clearly indicated a … Finally, Southeast's brief to the Examiner consistently treated Southern as a competitive applicant, pointing out Southeast was better qualified in all aspects of air service.

Schuler v. PRICEWATERHOUSECOOPERS, LLP

595 F.3d 370 · Court of Appeals for the D.C. Circuit · Feb 16, 2010

The former is clearly discrimination in compensation and covered by the LLA; the latter, PwC argues, is not. … The relevant question is whether the appellants’ complaint alleges facts that, if true, would establish a violation of the NYHRL. See Fed. R. Civ. P. 12(b)(6).

Edward J. Fleming, III v. Federal Trade Commission Milton Bradley Company v. Federal Trade Commission

670 F.2d 311 · Court of Appeals for the D.C. Circuit · Jan 12, 1982

The simplistic dichotomy proposed by appellants ignores the inherent ambiguity of the treble damage action, which clearly represents a confluence of all these characteristics. … There is no doubt that a civil antitrust damage suit brought by a state attorney general qualifies as an official law enforcement purpose for disclosure under the FTC Act.

United States v. Richardson, John

161 F.3d 728 · Court of Appeals for the D.C. Circuit · Oct 27, 1998

After hearing substan- tial argument on the issue, the district court ruled that the 1982 Virginia conviction did qualify as a "crime of violence" both because it was a burglary of a dwelling and because it involved conduct … Accordingly, we find that the evidence was legally sufficient to establish that appellant constructively possessed the fire- arm in question.

Securities and Exchange Commission v. Charles W. Steadman, (Two Cases)

967 F.2d 636 · Court of Appeals for the D.C. Circuit · Jun 26, 1992

Under the materiality standard appellants themselves proposed — 5% of the Funds’ NAV — $694,000 would qualify. … The district court’s acceptance of the SEC’s computation was, accordingly, clearly erroneous.