Case law

Kathleen Strang v. United States Arms Control and Disarmament Agency

864 F.2d 859 · Court of Appeals for the D.C. Circuit · Jan 10, 1989

It is firmly established that “issues and legal theories not asserted at the District Court level ordinarily will not be heard on appeal.” District of Columbia v. … Thus, Strang must show, to qualify for damages, that ACDA’s determination to suspend her and revoke her codeword clearance was caused by its intentional or willful failure to maintain accurate records.

Lutheran Church-Missouri Synod v. Federal Communications Commission

154 F.3d 487 · Court of Appeals for the D.C. Circuit · Sep 15, 1998

It is clearly designed to place an obligation on stations that goes consider- ably beyond non-discrimination with respect to hiring minori- ties. … applicants or qualified persons in the labor market.

United States v. Gary Anthony Patrick

959 F.2d 991 · Court of Appeals for the D.C. Circuit · Mar 17, 1992

The prosecution, however, did not limit its use of the receipt to Patrick’s name but also relied on the address on the receipt to establish Patrick’s guilt. … We review the district court’s findings in support of its conclusion, however, under the clearly erroneous standard of review. United States v.

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

Robert E. Curry v. Secretary of the Army

595 F.2d 873 · Court of Appeals for the D.C. Circuit · Apr 19, 1979

The commanding officer’s power to refer charges may be necessary to establish and to preserve both. … Yet, the dictates of individual liberty clearly require some check on military authority in the conduct of courts-martial.

Northwest Airlines, Inc. v. Transport Workers Union

606 F.2d 1350 · Court of Appeals for the D.C. Circuit · Aug 30, 1979

The court, however, qualified its conclusions regarding the plaintiff’s right of contribution: At this time, the Court holds only that there is a federal common law right to contribution for monetary liability imposed under … The employees are clearly *448 the class especially intended to be protected under the Equal Pay Act.

Oil, Chemical & Atomic Workers International Union v. National Labor Relations Board

547 F.2d 575 · Court of Appeals for the D.C. Circuit · Jun 7, 1976

The only reason that respondent offers for the proposition that Rodgers would not have become an Operations Manager is the vague assertion that he was not qualified, cooperative, or honest. … Morrisette, supra, at 1307, and the Supreme Court, see cases cited id. n. 34, that clearly take a contrary view of the “clearly erroneous” standard.

Reckitt & Colman, Ltd. v. Administrator, Drug Enforcement Administration, McNeil Pharmaceutical, Intervenor

788 F.2d 22 · Court of Appeals for the D.C. Circuit · Apr 8, 1986

They clearly understand that buprenorphine is not aspirin or [Tylenol].” 50 Fed.Reg. 8104, 8107 (1985). … Zelesko was “a highly qualified and experienced chemist” but simply found the petitioner’s experts more persuasive. On such matters the Administrator remains free to disagree.

American Cetacean Society v. Malcolm Baldrige, Secretary of Commerce, Japan Whaling Association American Cetacean Society v. Malcolm Baldrige, Secretary of Commerce Japan Whaling Association

768 F.2d 426 · Court of Appeals for the D.C. Circuit · Aug 6, 1985

I am not persuaded that the Secretary's interpretation of the Pelly Amendment was clearly erroneous. III. … Thus such seriousness was not necessary for actions to qualify as "tending to diminish the effectiveness" of the Commission's recommendations.

United States v. John C. Brizendine, Charles M. Forsyth, James S. McDonnell Iii, and Sherman Pruitt, Jr.

659 F.2d 215 · Court of Appeals for the D.C. Circuit · Jul 17, 1981

United States, 217 U.S. 423, 430, 30 S.Ct. 539, 541 , 54 L.Ed. 821 (1910) (plea for statutory immunity). In addition to motions to dismiss based on speedy trial grounds, see United States v. … The language of Bordenkircher clearly implies that the notice requirement is limited to the situation in that case.

Intercontinental Exchange, Inc v. SEC

23 F.4th 1013 · Court of Appeals for the D.C. Circuit · Jan 21, 2022

Holding the  18 Wireless Bandwidth Connection and the Wireless Data Connection qualify as systems of communications “for the purpose of effecting or reporting a transaction on an exchange” will … All this leaves no doubt that the Exchanges and IDS clearly are a “group of persons” under Section 3(a)(1).

National Courier Ass'n v. Board of Governors of the Federal Reserve System

516 F.2d 1229 · Court of Appeals for the D.C. Circuit · Aug 4, 1975

the private litigants to establish their interest in exposing them to judicial scrutiny. … The omission was clearly not significant, however, since the information is only remotely relevant to this appeal.

Star Television, Inc. v. Federal Communications Commission

416 F.2d 1086 · Court of Appeals for the D.C. Circuit · Jan 30, 1969

In a careful opinion the court set forth the relevant criteria, with specific reference to the requirements for findings issued after comparative hearings: 7 (1) The bases or reasons for final conclusions must be clearly … 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.

Reynolds v. Sheet Metal Workers, Local 102

702 F.2d 221 · Court of Appeals for the D.C. Circuit · Mar 31, 1981

Evans, 431 U.S. 553 , 97 S.Ct. 1885 , 52 L.Ed.2d 571 (1977). 12 Appellees respond that JAC's challenges to the propriety of their representation are unfounded, and that they are perfectly well qualified to act on behalf of … The public interest is clearly furthered by remedying racial injustice, and JAC's training and supervision preclude any danger to the public from unqualified sheet metal apprentices.

Electrical Equipment Company v. Security National Bank, John W. Underwood and John P. Cooney

606 F.2d 1357 · Court of Appeals for the D.C. Circuit · Aug 31, 1979

The second sentence of Section 38-109, however, modifies the set of priorities established in the first. 26 This qualifying provision deals precisely with the type of transaction Royal and Columbia entered into —future advances … Insulation’s lien clearly has priority over the last advance. See notes 26-27 infra and accompanying text. 13 . App. 292. 14 . So far as pertinent, discussed in Part II infra. 15 . See App. 292-293. 16 .

Radtke Patents Corporation v. Coe

122 F.2d 937 · Court of Appeals for the D.C. Circuit · Jun 30, 1941

But the record clearly reveals that the contrary was true. … Robertson, and in the instant case the Commissioner was clearly acquiescing in that decision. *956 It is true that in Hill v.

State Of California v. Department Of Justice

114 F.3d 1222 · Court of Appeals for the D.C. Circuit · Jun 3, 1997

A legislated note to § 242(j) clearly implies, however, that the Attorney General's duty to fulfill this statutory mandate is limited by the availability of appropriated funds: "the requirements of section 242 of the Immigration … Here the offer is the Attorney General's promise to distribute to each qualified State that applies a share of the funds appropriated to implement § 242(j); the act requested in return is the fulfillment of the requirements

Inst. for Justice v. Internal Revenue Serv.

340 F. Supp. 3d 34 · Court of Appeals for the D.C. Circuit · Sep 28, 2018

But the IRS has abundantly established that other formats proved unobtainable. Mr. … As to the Program Area and SEACATS Number columns, the IRS easily establishes the applicability of Exemption 7(C). Mr.

United States v. Apodaca

287 F. Supp. 3d 21 · Court of Appeals for the D.C. Circuit · Dec 28, 2017

To qualify as "material for preparing the defense," the D.C. … As a general matter, " Rule 16 establishes 'the minimum amount of discovery to which the parties are entitled.

Mashpee Wampanoag Tribal Council, Inc. v. Norton

336 F.3d 1094 · Court of Appeals for the D.C. Circuit · Aug 8, 2003

The ‘‘ready’’ list is a queue, with priority established on a first-come basis. … On the precise issue before us, whether a day on which the President closes the offices of the Executive Branch qualifies as a ‘‘legal holiday’’ under Rule 6(a), neither Latham nor any other case cited by the parties provides