Case law

Sparshott v. Feld Entertainment, Inc.

311 F.3d 425 · Court of Appeals for the D.C. Circuit · Jan 10, 2003

The discovery did not itself tell her that it was Smith who was wiretapping her, but was clearly evidence of a violation by someone. … Clearly the parties need not always be granted equal amounts of time to try their case.

Brown v. Dist. of Columbia

324 F. Supp. 3d 154 · Court of Appeals for the D.C. Circuit · Aug 24, 2018

This means that, ordinarily, a state is required to provide a FAPE to all qualifying residents who are convicted under that state's laws and incarcerated in that state's correctional facilities. … Possible forms of relief include " 'the establishment of a fund to be spent on the child's education,' a funding agreement with a contractor or the BOP to provide [the] FAPE, or post-incarceration compensatory education services

Citizens for Responsibility & Ethics in Wash. v. U.S. Gen. Servs. Admin.

358 F. Supp. 3d 50 · Court of Appeals for the D.C. Circuit · Mar 5, 2019

"To establish that a document is covered by the [deliberative-process] privilege, the government must show that it is both 'predecisional' and 'deliberative.' " Protect Democracy Project, Inc. v. U.S. … As such, it cannot be considered predecisional and thus cannot qualify for the deliberative-process privilege.

Citizens to Save Spencer County v. United States Environmental Protection Agency

600 F.2d 844 · Court of Appeals for the D.C. Circuit · Mar 27, 1979

aim to establish a new regulatory scheme. … [the law’s] seeming harshness or to qualify its apparent absolutes . . . .”); United States v.

American Mining Congress v. United States Environmental Protection Agency

824 F.2d 1177 · Court of Appeals for the D.C. Circuit · Jul 31, 1987

Shaw, — U.S. -, - 106 S.Ct. 2957, 2963 , 92 L.Ed.2d 250 (U.S.1986) (recognizing that statutory language can clearly express Congress’ intent to waive immunity); International Union, 816 F.2d 761, 765 (ordinary meaning of … In Young, the issue was whether the FDA was obliged to issue regulations establishing tolerances for certain toxic substances found in food.

Dr. G.V v. Rao v. James A. Baker, Secretary of State

898 F.2d 191 · Court of Appeals for the D.C. Circuit · Mar 13, 1990

Whether viewed as a jurisdictional provision, a waiver of sovereign immunity, or an express limitation on a right created by Congress, the 30-day statutory limit for filing a civil suit brooked no exceptions, according to … These changes clearly place greater reliance on more flexible deadlines at the same time they assume the validity of a constructive notice requirement.

Cavalier v. Catholic Univ. of Am.

306 F. Supp. 3d 9 · Court of Appeals for the D.C. Circuit · Mar 27, 2018

It is required, however, to respond to any such known acts of harassment in a manner that is not "clearly unreasonable." Id. … Court of Appeals listed a series of relationships that might qualify-"psychiatrist/therapist and patient," "doctor-patient," "funeral home or hospital" and the family of a decedent, and "persons who are appointed to act as

Democratic Central Committee of the District of Columbia v. Washington Metropolitan Area Transit Commission, D.C. Transit System, Inc., Intervenor. District of Columbia v. Washington Metropolitan Area Transit Commission, D.C. Transit System, Inc., Intervenor. The Black United Front v. Washington Metropolitan Area Transit Commission

436 F.2d 233 · Court of Appeals for the D.C. Circuit · Jul 10, 1970

harm.' 8 Should, upon our investigation of the merits, it eventuate that the fare increases made possible by Order No. 1052 were unwarranted, the excess fares can be recouped for the benefit of the riding public by the establishment … Washington, D.C. does not, hence it does not appear that the 40-cents fare level, considering the question in regard to the stay only, is clearly unjustified to provide essential operating revenue for the transit system.

Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639

913 F.2d 948 · Court of Appeals for the D.C. Circuit · Sep 4, 1990

For example, the Fourth Circuit explicitly modified a previous decision that had arguably established a strict benefits test, explaining that a defendant’s efforts need not produce financial profit for the enterprise to qualify … However, we are confident that if Congress had intended to so dramatically alter our legal terrain, it would have done so clearly and unequivocally.

Royce International Broadcasting Company v. Federal Communications Commission, Ponce-Nicasio Broadcasting, Intervenor

820 F.2d 1332 · Court of Appeals for the D.C. Circuit · Jun 30, 1987

Thus the Board’s diligence inquiry clearly encompassed Royce’s responsibility for creating the problem necessitating amendment. … Ponce’s December 1984 petition for partial reconsideration clearly challenged the adequacy of Royce’s technical data. J.A. at 265-66.

La Forest v. Board of Commissioners

92 F.2d 547 · Court of Appeals for the D.C. Circuit · Aug 9, 1937

In 1871 ( 16 Stat. 419 ) a Legislature was established, with all the attributes, not inconsistent with the Constitution and laws of the United States, of a distinct government. … As I read Section 13(a) it deals, and deals clearly, with an entirely different subject, and is sufficient unto itself.

Barry Farm Tenants v. D.C. Hous. Auth.

311 F. Supp. 3d 57 · Court of Appeals for the D.C. Circuit · Apr 30, 2018

In seeking to create "vibrant mixed-income neighborhoods," the New Communities Initiative established four principles to guide redevelopment. Id. ¶ 30 . … In 2002, the Supreme Court clarified the first factor, finding that Congress *70 must do more than clearly confer a benefit upon a plaintiff, but rather must clearly confer a right upon individuals. Gonzaga v.

John F. Banzhaf, III v. Federal Communications Commission and United States of America, Wtrf-Tv, Inc. And National Association of Broadcasters, American Broadcasting Companies, Inc., the Tobacco Institute, Inc., the American Tobacco Company, Brown & Williamson Tobacco Corp., Larus & Brother Co., Inc., Liggett & Myers Tobacco Co., Philip Morris, Inc., R. J. Reynolds Tobacco Co., United States Tobacco Co., P. Lorillard Co., Intervenors. Wtrf-Tv, Inc. And National Association of Broadcasters v. Federal Communications Commission and United States of America, Heart Disease Research Foundation, Intervenors. The Tobacco Institute, Incorporated v. Federal Communications Commission and United States of America

405 F.2d 1082 · Court of Appeals for the D.C. Circuit · Nov 21, 1968

The advertisements in question clearly promote the use of a particular cigarette as attractive and enjoyable. Indeed, they understandably have no other purpose. … But the fact that Congress considered and declined to adopt broader legislation does not establish that it intended to bar otherwise-authorized agency action under established powers and duties Petitioners also make much

Star Television, Inc., Federal Communications Commission, Flower City Television Corp., Intervenor. Community Broadcasting, Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Citizens Television Corp. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Federal Broadcasting System, Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Heritage Radio and Television Broadcasting Co., Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Genesee Valley Television Co., Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Main Broadcast Co., Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor. Rochester Telecasters, Inc. v. Federal Communications Commission, Flower City Television Corp., Intervenor

416 F.2d 1086 · Court of Appeals for the D.C. Circuit · Oct 27, 1969

Without commenting on the qualifications of each applicant, except to note them, the Examiner, persuaded by the advantage of establishing an educational broadcast service in the area, decided upon an award to Rochester Area … What is required is 'such an unusual degree of attention to the public's needs and interests as to establish an unusually good past broadcast record.' (9 F.C.C. 2d at 255). Community met this test.

United States v. Civil Aeronautics Board

510 F.2d 769 · Court of Appeals for the D.C. Circuit · Jan 31, 1975

As we stated in EDR — 249 [Economic Draft Regulation], the carriers brought,to our attention in early 1973 specific errors made in establishing the fiscal 1973 rates in ER — 786. … In this case, the Government was very clearly a party to the whole rate proceeding, the DOD submitting briefs and its objections at every step of the way.

Sottera, Inc. v. Food & Drug Administration

627 F.3d 891 · Court of Appeals for the D.C. Circuit · Dec 7, 2010

The act defines tobacco products so as to include all consumption products derived from tobacco except articles that qualify as drugs, devices, or drug-device combinations under the FDCA: (rr)(l) The term “tobacco product … Clearly that could not be the case, the Court reasoned. After all, Congress had declared, in a provision of the U.S.

Stewart v. Azar

366 F. Supp. 3d 125 · Court of Appeals for the D.C. Circuit · Mar 27, 2019

The Commonwealth is the party that most clearly contends that fiscal sustainability is an independent objective of the Medicaid Act. … . §§ 1396a, 1396a(a)(10)(A), the Court believes the qualifier is as easily understood as establishing a ceiling as it is lowering the floor. That said, it cannot find his interpretation unreasonable under Chevron .

United States v. Thomas T. Jones

973 F.2d 928 · Court of Appeals for the D.C. Circuit · Aug 14, 1992

initial phase — the stopping of Jones, his being ordered to the ground and handcuffed, and his transfer to the car— was both consistent enough with the investigative and security purposes of a Terry stop, and short enough, to qualify … Similarly, the Guidelines’ invitation to individual judges to consider guilty pleas in assessing “acceptance of responsibility” clearly vests the district judges with discretion over the matter.

Kwik Care Ltd. v. National Labor Relations Board

82 F.3d 1122 · Court of Appeals for the D.C. Circuit · May 7, 1996

Again the materials were enclosed in a clearly-marked Union envelope. D. … The Union argues that the Board's recent decision in Brookville Healthcare Center, 312 N.L.R.B. 594 , 1993 WL 391269 (1993) ("Brookville"), establishes that, as a matter of law, altered ballots do not have the tendency to

M.G.U. v. Nielsen

325 F. Supp. 3d 111 · Court of Appeals for the D.C. Circuit · Jul 18, 2018

E.F. has not pled a waiver of sovereign immunity. See Opp'n at 10. … E.F. must "clearly" show that she is entitled to relief or that "extreme or very serious damage" will result from the denial of the injunction. See Opp'n at 8 (quoting Columbia Hosp. for Women Found., Inc. v.