Case law

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.

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.

William Franz v. United States of America

707 F.2d 582 · Court of Appeals for the D.C. Circuit · May 10, 1983

We have established that the defendants are constitutionally responsible for that invasion. See Part II. supra. … We also decline to reach a host of other issues that further prosecution of the case may raise: the merits of the defendants’ various jurisdictional defenses; whether some or all of the defendants are immune from liability

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.

Owner-Operator Independent Drivers Ass'n v. United States Department of Transportation

879 F.3d 339 · Court of Appeals for the D.C. Circuit · Jan 12, 2018

In order to accomplish this, the Department “established ‘DataQs,’ a web- based dispute resolution procedure that allows ‘[drivers] to challenge[’]” database information. … The emphasized phrase “additional harm” clearly presumes that the putative plaintiff had already suffered a de facto injury resulting from the procedural violation.

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.

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.

Federal Election Commission v. Committee to Elect Lyndon La Rouche

613 F.2d 849 · Court of Appeals for the D.C. Circuit · Feb 19, 1980

To qualify for such funds, a candidate must certify, inter alia, that he has received in excess of $5,000 in contributions of $250 or less in each of at least 20 states. Id. § 9033(b)(3)-(4). … As such, given the broad nature of NHTSA’s concern in this ease, this would appear to qualify as a nationwide inquiry within the meaning of FTC v. Cockrell, supra.

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.

Securitypoint Holdings, Inc. v. Transportation Security Administration

836 F.3d 32 · Court of Appeals for the D.C. Circuit · Sep 2, 2016

The government bears the burden of establishing substantial justification. See Halverson v. Slater, 206 F.3d 1205, 1208 (D.C. Cir. 2000). … This indifference seems sufficiently beyond ordinary “arbitrary and capricious” agency action to qualify as lacking substantial justification.

Local 1219, American Federation of Government Employees v. Donovan

683 F.2d 511 · Court of Appeals for the D.C. Circuit · Jul 13, 1982

Although it is well established that the Department’s enforcement of analogous *172 private sector laws is subject to some judicial scrutiny, we have not previously examined the judicial role in reviewing enforcement of standards … No desire to impart such a far reaching immunity is evident in the legislative history the government relies on.

The National Organization for the Reform of Marijuana Laws (Norml) v. Drug Enforcement Administration, U. S. Department of Justice

559 F.2d 735 · Court of Appeals for the D.C. Circuit · Apr 26, 1977

Remarks on the House floor reveal that international requirements qualify, but do not displace, the usual referral and hearing procedures. … Clearly, seeds capable of germination (which are controlled under the CSA) were put in issue, and the Acting Administrator did not hold otherwise. .

Natl Cncl Resistance v. DOS

251 F.3d 192 · Court of Appeals for the D.C. Circuit · Jun 8, 2001

Therefore, the fact that the PMOI had not established a constitutional presence in the United States in 1997 under its own name cannot possibly establish that neither the PMOI nor the NCRI had established a presence by … The other two consequences of the designation less clearly implicate interests protected by the Due Process Clause.

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.

Office of Communication of the United Church of Christ v. Federal Communications Commission

425 F.2d 543 · Court of Appeals for the D.C. Circuit · Jun 20, 1969

Commission which contains much to the contrary to its present position ; 10 moreover, the practical effect of the Commission’s action was to place on the Public Intervenors the entire burden of showing that the licensee was not qualified … As we noted in our dissenting opinion, the court of appeals clearly expressed its expectation that the Commission would resolve the problem by placing upon petitioners [Public Interest Intervenors] “only the burden of going

L.R. Willson & Sons, Inc. v. Occupational Safety & Health Review Commission

698 F.2d 507 · Court of Appeals for the D.C. Circuit · Jan 18, 1983

The Secretary must provide evidence from persons qualified to express such opinions 18 that, absent the specified protective equipment, the hazard was likely to occur; 19 that use of the specified protective equipment would … ) to require only that employers conform to industry standards: We ... require only those protective measures which the knowledge and experience of the employer’s industry, which the employer is presumed to share, would clearly

International Harvester Co. v. Ruckelshaus

478 F.2d 615 · Court of Appeals for the D.C. Circuit · Feb 10, 1973

The same NAS Report had stated : 34 the status of development and rate of progress made it possible that the larger manufacturers will be able to produce vehicles that will qualify, provided that provisions are made for catalyst … Requirement of Observed Data From Manufacturers Clearly this requires that the applicants come forward with data which showed that they could not comply with the contemplated standards.

Association Of American Railroads v. Costle

562 F.2d 1310 · Court of Appeals for the D.C. Circuit · Aug 23, 1977

Nothing in the statute diminishes or qualifies the generality of these two key words equipment and facility. Nothing in the statute states that only certain kinds of equipment or facilities need to be regulated. … We find these arguments to be clearly frivolous and insubstantial and therefore do not address them in detail in this opinion 29 42 U.S.C. § 4901 (a)(3) 30 See, e. g., Yazoo Railroad Co. v.

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.

Elliott v. United States Department of Agriculture

596 F.3d 842 · Court of Appeals for the D.C. Circuit · Feb 26, 2010

The district court nonetheless denied in part the government’s summary judgment motion on the grounds that the government had failed to establish the predominant internality of the blueprints or articulate clearly the connection … Determining whether the blueprints qualify as predominantly internal documents that relate to agency personnel rules and practices does not end our analysis.