Case law

Gregory Angelo v. DC

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

defendants” in this opinion excludes Chief Anzallo.  12 No. 46 (“Defendants move to dismiss damage remedies with respect to the individual defendants Anzallo, Contee and Schwalb on various immunity … Cir. 2017) (Because “[e]conomic harm to a business clearly constitutes an injury-in-fact[,] * * * [c]ausation is the more difficult question when considering allegations of future economic harm arising from government action

United States v. Bernard L. Barker, United States of America v. Eugenio R. Martinez

546 F.2d 940 · Court of Appeals for the D.C. Circuit · May 17, 1976

It is enough that he intentionally performed acts which, under the circumstances of the case, would have been clearly in violation of federal law, absent any other defense. … Al and A6, as follows: Justice Department sources said that Helms clearly thought he had the authority to approve a break-in and did so to complete a security investigation. . . .

United States v. Ronald J. Perholtz, United States of America v. Franklin W. Jackson, United States of America v. Gregory W. Fletcher

842 F.2d 343 · Court of Appeals for the D.C. Circuit · Mar 8, 1988

At this time, John Gentile, who later testified for the government and repaid $40,000 received as bribes in exchange for immunity from prosecution, was Assistant Postmaster General for Finance. … While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other.

Connecticut v. U.S. Dep't of the Interior

344 F. Supp. 3d 279 · Court of Appeals for the D.C. Circuit · Sep 29, 2018

The Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures when a state raises an Eleventh Amendment sovereign immunity defense to a tribe's lawsuit alleging that the state did not … As noted above, the Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures following a state's assertion of sovereign immunity.

Preferred Building Services, Inc. v. NLRB

Court of Appeals for the D.C. Circuit · Aug 21, 2026

Picketing generally qualifies as a protected concerted activity. See United Steelworkers of America, AFL-CIO v. … Fourth, “the picketing [must] disclose[] clearly that the dispute is with the primary employer.” Id.

Carlisle Tire & Rubber Co. v. United States Customs Service

663 F.2d 210 · Court of Appeals for the D.C. Circuit · Dec 17, 1980

At the same time, we affirm the district court’s finding that the remaining portions of four documents were immune from disclosure under Exemption l. 12 .1. ANALYSIS A. … Exemption 1 Under Exemption 1, an agency may withhold documents only if they apply to matters which are “(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national

Mead v. Phillips

135 F.2d 819 · Court of Appeals for the D.C. Circuit · Apr 30, 1943

executors and trustees, until September. 23, 1935, when Katharine Phillips — sister of the testator, a beneficiary under the will, one of the executors, and a trustee of the trust created by the testator —was appointed and qualified … And he may clearly do so since the statute.

Washington Terminal Co. v. Boswell

124 F.2d 235 · Court of Appeals for the D.C. Circuit · Nov 18, 1941

Because of this they, perhaps better than lawyers, are qualified to interpret and apply them. Whether so or not, their judgment should carry weight when the judicial stage of controversy is reached. … But, in any event, if it is assumed that the employer may wait until the period of limitations has passed and then bring its action, its right to bring it within that time is clearly barred.

St IA v. FCC

Court of Appeals for the D.C. Circuit · Jun 27, 2000

that ICN only need serve a specified clientele indifferently to qualify as a common carrier.... … Before this court, the Commission first claims that the argu- ment was not clearly enough presented before the agency to elicit an answer.

Salim Hamdan v. United States

696 F.3d 1238 · Court of Appeals for the D.C. Circuit · Oct 16, 2012

It is often difficult to determine what constitutes customary international law, who defines customary international law, and how firmly established a norm has to be to qualify as a customary international law norm. Cf. … No. 102-256, 106 Stat. 73 (1992); Foreign Sovereign Immunities Act of 1976, Pub. L. No. 94-583, 90 Stat. 2891.

Iowa State Commerce Commission v. Office Of The Federal Inspector Of The Alaska Natural Gas Transportation System

730 F.2d 1566 · Court of Appeals for the D.C. Circuit · Apr 6, 1984

Under such circumstances, the result reached by the majority is clearly appropriate. … Thus, in order for the action of a federal officer or agency to qualify as an action "taken pursuant to [section 9]," 15 U.S.C.

Sterling Drug Inc. v. Federal Trade Commission

450 F.2d 698 · Court of Appeals for the D.C. Circuit · Sep 27, 1971

In applying these principles in cases involving interlocutory appeals from agency action, the courts appear to have formulated the general rule that a party may bypass established avenues for review within the agency only … At that time we will have before us the entire record of the proceedings and the Commission’s rulings and will thus be qualified to determine whether Sterling received a fair hearing.

Transmission Agency v. Federal Energy Regulatory Commission

495 F.3d 663 · Court of Appeals for the D.C. Circuit · Jul 20, 2007

Established in 1997 by the State of California, CAISO is an ISO subject to the FPA. … The Eighth Circuit clearly held that “we are not enforcing the FERC order; instead, we are enforcing an agreement, which NPPD freely entered.” Id.

Cty Los Angeles v. Shalala, Donna E.

192 F.3d 1005 · Court of Appeals for the D.C. Circuit · Oct 1, 1999

To account for regional variations in labor costs, the Secretary then establishes a wage index that aug- ments the adjusted standardized payment depending on the location of a qualifying hospital. … Traditionally, the Secretary has read paragraph (5)(A)(iv) to mean that at the start of each fiscal year, she must establish the fixed thresholds beyond which hospitals will qualify for outlier payments at levels likely

Natural Resources Defense Council, Inc. And Energy Research Foundation v. Defense Nuclear Facilities Safety Board

969 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 9, 1992

In that case, we concluded that 22 a statute that is claimed to qualify as an Exemption 3 withholding statute must, on its face, exempt matters from disclosure. … The legislative history, for example, might clearly indicate that Congress had picked a specific time as the earliest permissible, so that all prior disclosure was forbidden. Not so here.

Pablo Llerandi and Carmen Phipps Llerandi v. Federal Communications Commission Hato Abajo Development Corporation, Intervenors

863 F.2d 79 · Court of Appeals for the D.C. Circuit · Dec 16, 1988

The two cities, we understand, are only seven miles apart, and in any event the signals of the various radio stations in question clearly overlap. … Johnson, 326 U.S. 120 , 65 S.Ct. 1475 , 89 L.Ed. 2092 (1945); Kirk Merkley, Receiver, 94 F.C.C.2d 829 (1983), the FCC went on to find that Hato Abajo was “fully qualified to become a Commission licensee and that the grant

Vanguard Interstate Tours, Inc. v. Interstate Commerce Commission and United States of America

735 F.2d 591 · Court of Appeals for the D.C. Circuit · Jun 13, 1984

[Vanguard] held temporary authority at the time it opposed the application did not render it a qualified protestant.” … Yet Congress clearly intended the regulatory scheme established in BRRA to accommodate these potentially conflicting aims.

Sabino Canyon Tours, Inc. v. United Statesda Forest Serv.

298 F. Supp. 3d 60 · Court of Appeals for the D.C. Circuit · Feb 8, 2018

SCT has failed to demonstrate a likelihood of success on these claims because (1) it has not clearly established that it is challenging final agency action and (2) it has not shown the Service acted arbitrarily and capriciously … SCT has not established a particularized, concrete injury.

Masti-Kure Products Co. v. Califano

587 F.2d 1099 · Court of Appeals for the D.C. Circuit · Jun 16, 1978

When it clearly appears from the data in the application and from the reasons and a factual analysis in the request for the hearing that no genuine and substantial issue of fact precludes the refusal to approve the application … It would result in the establishment of an incongruous double standard for determining sufficiency of data, a result for which petitioner has demonstrated no logical basis or justification. .

United States v. Antonio M. Smart

98 F.3d 1379 · Court of Appeals for the D.C. Circuit · Jan 15, 1997

No. 225, 98th Cong., 1st Sess. 230-31 (1984), reprinted in 1984 U.S.C.C.A.N. 3182, 3412-13, it is now well-established that Rule 704(b) applies to all eases in which an expert testifies as to a mental state or condition constituting … Clearly, the jury found this testimony credible and therefore found Smart guilty on the charge of violating D.C.Code § 22-3204(a).