Case law

Pharmaceutical Care Management Ass'n v. District of Columbia

613 F.3d 179 · Court of Appeals for the D.C. Circuit · Jul 9, 2010

Although ―clearly expansive,‖ N.Y. State Conf. of Blue Cross & Blue Shield Plans v. … The administration of employee benefits clearly is an ―area of core ERISA concern,‖ Egelhoff, 532 U.S. at 147: ―One of the principal goals of ERISA is to enable employers ‗to establish a uniform administrative scheme, which

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

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.

United States v. Larry Gooch, Jr.

842 F.3d 1274 · Court of Appeals for the D.C. Circuit · Dec 6, 2016

These statements clearly evince Gooch’s intent to obtain a certificate of appealability. … The Government asserts that a motion for extension of time in which to apply for a certificate of appealability can never qualify as the functional equivalent of a notice of appeal, because “[t]hey are governed by wholly

Telecom USA Inc v. United States

192 F.3d 1068 · Court of Appeals for the D.C. Circuit · Oct 15, 1999

Id. s 48(q)(1); see id. s 49(d)(1)(A).13 Hence, to establish the amount by which the basis must be reduced, we must look to "the amount of the credit so determined" under section 46(a). … According to Telecom, the Confer- ence Report on the Act clearly demonstrates that Congress intended basis adjustments to reflect the haircut applied to carryforward credits.20 That Report states, in pertinent part:

Aviation Consumer Action Project v. C. Langhorne Washburn

535 F.2d 101 · Court of Appeals for the D.C. Circuit · May 21, 1976

Subsection 5 quoted above clearly makes unavailable inter-agency or intra-agency memorandums. … Such a conclusion flies directly in the face of Congressional intent as clearly set forth in the words of the Act.

Hawaiian Telephone Co. v. Federal Communications Commission

589 F.2d 647 · Court of Appeals for the D.C. Circuit · Nov 13, 1978

As used in this section the term “line” means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing … Clearly, however, the pivotal determinations in the cases before us were those made under § 214. . See text at notes 11-13 and note 6 infra. .

Bean v. Wheatley

13 App. D.C. 473 · Court of Appeals for the D.C. Circuit · Dec 8, 1898

The Bank of Columbia, 6 Pet. 86 , a case taken up from the Circuit Court of this District, it *480 was held by the Supreme Court of the United States, that the principle clearly deducible from the previous cases decided by … And in all cases, it is for the court to determine what kind of promise or acknowledgment is sufficient to remove the bar of the act of limitations, though the evidence offered to establish such promise or acknowledgment

United States v. Mouling

557 F.3d 658 · Court of Appeals for the D.C. Circuit · Mar 27, 2009

Circuit precedent had clearly held that compound voir dire questions constitute reversible error. … The government produced physical evidence — the actual cookies themselves — and presented laboratory analyses to establish quantity.

In Re: Alexis M. Herman

309 F.3d 18 · Court of Appeals for the D.C. Circuit · Aug 6, 2002

Under the Act the AG was limited to 150 days within which to complete her preliminary investigation, and while conducting it she was not allowed, inter alia, to convene grand juries or grant immunity. 28 U.S.C. s 592 … Cudahy, Circuit Judge, concurring in the judg- ment: I fully concur in the allowance of fees incurred to respond to the Independent Counsel's final report--an expense which clearly would not have been incurred absent

Murphy v. Executive Office for United States Attorneys

789 F.3d 204 · Court of Appeals for the D.C. Circuit · Jun 16, 2015

P. 6(e)(2)(B), and, although a rule is not generally considered to be a statute, it qualifies as one under FOIA because the Congress has enacted it into positive law. See Fund for Constitutional Gov’t v. … Proctor & Gamble Co., 356 U.S. 677, 681–82 (1958) (“long-established policy” of grand jury secrecy rests in part on “encourag[ing] all witnesses to step forward and testify freely without fear of retaliation”).

United States v. Gardiner

2 Hay. & Haz. 89 · Court of Appeals for the D.C. Circuit · May 18, 1853

Many persons must be able to testify to this seal who was on the stand a few days ago, and they are best qualified, if others are at all qualified, to speak of the seal. The offer is overruled. … It does not in my judgment belong, certainly not clearly or necessarily, as in case of oral declarations to letters or papers, and the Court is unwilling to extend it.

Frederick L. Salzman v. United States of America, James E. Lowery v. United States

405 F.2d 358 · Court of Appeals for the D.C. Circuit · Nov 4, 1968

It seems clear that, measured by this test, alcoholism does qualify as a disease. … The public cannot be expected to respect a system of criminal justice that condemns sick people to jail because they are sick. * * * ” 34 Governmental Recognition In this area, perhaps more clearly than in any of the others

National Trust for Historic Preservation in the United States v. NPS

Court of Appeals for the D.C. Circuit · Aug 7, 2026

Hoagland Decl. ¶¶ 9, 11. 2 The National Trust has also clearly shown a likelihood of establishing that the Defendants have caused Professor Hoagland’s injuries and that court-ordered … Therefore, improvements to the Residence may be funded with other available appropriations, and it is well established that NPS gift funds may qualify as an appropriation.

Clemmie M. Henry, Widow of Wilson R. Henry v. George Hyman Construction Company and Maryland Casualty Company

749 F.2d 65 · Court of Appeals for the D.C. Circuit · Dec 7, 1984

The ease law clearly establishes two separate causes of action, one for disability lying with the disabled employee, and one for death lying with specified survivors of the decedent. … Having established that Mr.

Colbert v. Speer

24 App. D.C. 187 · Court of Appeals for the D.C. Circuit · Oct 12, 1904

It was simply a school established by the Jesuits, without corporate powers or franchises. … This objection clearly has no foundation in any fair construction of the terms of § 34 of the Maryland Declaration of Nights upon which it is based.

United States v. State of Maryland

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. “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.

United Mine Workers of America 1974 Pension v. Pittston Company, United Mine Workers of America 1974 Pension Trust v. Rawl Sales & Processing Co.

984 F.2d 469 · Court of Appeals for the D.C. Circuit · Mar 31, 1993

The evergreen clause in the trust documents clearly does not include a durational limitation to the employer’s duty to contribute to the trusts. See note 1, supra. … In the present suit, the prerequisites for issue preclusion are clearly not satisfied by the Trustees’ litigation of the withdrawal liability cases.

Tucson Medical Center v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human Services

947 F.2d 971 · Court of Appeals for the D.C. Circuit · Oct 25, 1991

Specifically, TEFRA established a new, separate, interim control on hospital cost increases. … Judicial Review In this case, appellants have clearly exhausted their administrative remedies under 42 U.S.C. § 1395oo(f)(l).

Kenneth C. Williams v. W. M. A. Transit Company

472 F.2d 1258 · Court of Appeals for the D.C. Circuit · Jun 30, 1972

The basic definitions of “employer" and “employee” are not qualified. … The trial judge held the D.C.Act inapplicable to the Company’s bus drivers on the ground that (1) the Federal provisions clearly establish that “among Federal Agencies only the Department of Transportation has authority to