Case law

Community for Creative Non-Violence v. Watt

703 F.2d 586 · Court of Appeals for the D.C. Circuit · Mar 9, 1983

Any group’s freedom to shape the nature of its own demonstration is limited by the well-established permissibility of “time, place and manned’ limitations — the reasonableness of which is established so long as the First … The point was made most clearly and emphatically in the recent case of Heffron v.

Oncor Elec. Delivery Co. v. Nat'l Labor Relations Bd.

887 F.3d 488 · Court of Appeals for the D.C. Circuit · Apr 13, 2018

the judgment of the Board unless, upon reviewing the record as a whole, we conclude that the Board’s findings are not supported by substantial evidence, or that the Board acted arbitrarily or otherwise erred in applying established … clear its principles for affording protection to employees’ disparaging appeals to third parties; “[T]he orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly

Maine v. United States Postal Service

405 F. Supp. 551 · Court of Appeals for the D.C. Circuit · Dec 16, 1975

Jurisdiction in this Court to review the legality of temporary ratesetting is clearly established. Direct Mail/Marketing Ass’n v. … according to its ability to pay, or what kind of an increase it got last time, or its ‘social acceptability,’ then Congress is clearly better qualified to make such judgments than the Postal Service or any expert commission

Building & Construction Trades Department v. Reich

40 F.3d 1275 · Court of Appeals for the D.C. Circuit · Dec 9, 1994

In sum, nothing in the interpretation of similar terms in the NLRA and the LMRA establishes that Labor’s interpretation of the Davis-Bacon Act is unreasonable or of its own regulation is plainly erroneous. III. … CONCLUSION Because Labor’s interpretation of the Davis-Bacon Act and its own regulations is clearly reasonable in light of the Act’s language and purpose, the district court’s grant of summary judgment is affirmed.

Am. Tunaboat Ass'n v. Ross

391 F. Supp. 3d 98 · Court of Appeals for the D.C. Circuit · Jul 31, 2019

Cir. 2000) ("District Court decisions do not establish the law of the circuit, nor, indeed, do they even establish the law of the district." (cleaned up)). … For instance, the Service clearly disagreed with HLA 's reading of the Handbook's timber sale example. Compare A.R. 2 with HLA , 2002 WL 732363 , at *8.

Tom W. Ryan, Jr., Missouri Public Interest Research Group v. Department of Justice. Charles R. Halpern, Judicial Selection Project, Dorothy J. Samuels, Committee for Public Justice v. Department of Justice

617 F.2d 781 · Court of Appeals for the D.C. Circuit · Feb 25, 1980

Included in this task is the obligation to consider whether an affirmative effort has been made to identify qualified candidates, including women and members of minority groups. … Answers to questions 3 and 6 will clearly be of this nature. Expressions of personal views or recommendations of a Senator, on the other hand, are clearly exempt from disclosure.

Verizon v. FCC

Court of Appeals for the D.C. Circuit · Jan 15, 2014

According to the Commission, the change was driven by its decision to raise the minimum speed threshold qualifying as broadband. Id. at 9558 ¶ 4. … But section 201(a) describes a “duty” of a common carrier, not a prerequisite for qualifying as a common carrier in the first place.

Carter ex rel. Middleton v. Cleland

643 F.2d 1 · Court of Appeals for the D.C. Circuit · Oct 17, 1980

Benefits were denied on the ground that the widows did not qualify as “surviving spouses” under 38 U.S.C. § 101 (3) (1976). 2 The Administrator reasoned that the births of children by other men indicated that appellants intended … See Decision of the Board of Veterans’ Appeals, Attachment A to Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Partial Summary Judgment, filed Dec. 22, 1978 (condonation not proven although spouse established

Am. Fed'n of Gov't Emps. v. Trump

318 F. Supp. 3d 370 · Court of Appeals for the D.C. Circuit · Aug 25, 2018

In this regard, the FSLMRS establishes a three-tier system based upon the negotiability of matters in collective bargaining discussions. *385 First, the FSLMRS establishes a default presumption that it is "mandatory" for … Circuit concluded that an OMB circular directing agencies in the exercise of their prerogatives under the management rights section of the FSLMRS qualified as a government-wide rule under section 7117.

Herbert Brownell, Jr., Attorney General, and as Successor to the Alien Property Custodian v. Anni H. J. E. Oehmichen

243 F.2d 637 · Court of Appeals for the D.C. Circuit · Mar 29, 1957

Oehmichen filed a letter, addressed to the Officer in Charge of the camp, advising him, 'Should a review of my case result in a decision qualifying me for a parole, you are advised that I would not accept same.' … Internment is the established international treatment of resident enemy aliens by all civilized countries. 3 The Oehmichens chose to return to an enemy country rather than to undergo that established treatment. 10 If the

Lee Metcalf, of U.S. Senate v. National Petroleum Council

553 F.2d 176 · Court of Appeals for the D.C. Circuit · Apr 4, 1977

We express no view on this question; rather, we make the statement that the courts are not as qualified at performing this tyjpeTJF'review as the entities named in FACA.» … Appellant Metcalf is clearly wrong in this assertion.

National Ass'n of Life Underwriters, Inc. v. Commissioner

30 F.3d 1526 · Court of Appeals for the D.C. Circuit · Aug 12, 1994

As total circulation was about 130,000, NALU clearly sold more than 20% to non-members, and so Rule 1 applied. Therefore the “subscription price charged to such nonmembers” controlled. … The Commissioner’s fixed 27% obviously does not qualify as a method under her regulations.

United States v. Alexander Sutton

426 F.2d 1202 · Court of Appeals for the D.C. Circuit · Nov 7, 1969

His words clearly contemplated suicide and probably murder as well. … Just what the Government had to prove, to establish prima facie those elements of first, degree murder, is a matter equally free from ambiguity. 64 Pre *1211 meditation means “giving thought, before acting, to the idea of

Air Transport Association Of America, Petitioner v. Department Of Transportation

900 F.2d 369 · Court of Appeals for the D.C. Circuit · Apr 27, 1990

Rejecting the claim that the rules merely established procedures for implementing substantive statutory rights, the court held that the agency's decision to establish "[a] right to avail oneself of an administrative adjudication … But, as the case law clearly illustrates, there is no such "distinction" to obliterate for purposes of section 553(b)(A).

Citizens for Responsibility and Ethics in Washington v. Federal Election Commission

380 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Mar 29, 2019

And New Models did not make "any independent expenditures of its own expressly advocating the election or defeat of a clearly identified candidate." Id. … The statute clearly requires that for any official Commission decision there must be at least a 4-2 majority vote.").

Western Coal Traffic League v. United States of America and Interstate Commerce Commission, Association of American Railroads, Duke Power Company, American Paper Institute, Inc., Carolina Power & Light Company, National Industrial Traffic League, American Iron and Steel Institute, Nevada Power Company, Central Illinois Light Company, Intervenors. Alabama Power Company v. United States of America and Interstate Commerce Commission, Association of American Railroads, Western Coal Traffic League, Intervenors. Chemical Manufacturers Association v. United States of America and Interstate Commerce Commission, Association of American Railroads, Western Coal Traffic League, Intervenors. Commonwealth Edison Company v. Interstate Commerce Commission and United States of America, Association of American Railroads, Western Coal Traffic League, Intervenors. Fort Howard Paper Company v. United States of America and Interstate Commerce Commission, Association of American Railroads, Western Coal Traffic League, Intervenors. Edison Electric Institute v. Interstate Commerce Commission and United States of America, Western Coal Traffic League, Association of American Railroads, Intervenors. The Fertilizer Institute v. United States of America and Interstate Commerce Commission, Western Coal Traffic League, Association of American Railroads, Intervenors. American Paper Institute, Inc. v. United States of America and Interstate Commerce Commission, Association of American Railroads, Western Coal Traffic League, Intervenors. Carolina Power & Light Company v. Interstate Commerce Commission and United States of America, Association of American Railroads, Western Coal Traffic League, Intervenors. Central Illinois Light Company v. Interstate Commerce Commission and United States of America, Western Coal Traffic League, Association of American Railroads, Intervenors. South Carolina Electric & Gas Company v. Interstate Commerce Commission and United States of America, Association of American Railroads, Western Coal Traffic League, Intervenors

677 F.2d 915 · Court of Appeals for the D.C. Circuit · May 4, 1982

CMA suggests that this language clearly indicates Congress' concern with railroad costs. … The critical difficulty facing these studies is establishing a proper measure of railroad output.

Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections

950 F.2d 771 · Court of Appeals for the D.C. Circuit · Dec 13, 1991

Id. at 341. 11 Because the record establishes that McKenzie and his fellow plaintiffs had in fact located qualified lawyers willing to represent them in Washington, D.C. in the early 1970's, I conclude that under Delaware … Matlack, 903 F.2d 978 (3d Cir.1990) ("in order to qualify for an enhancement, a plaintiff must establish that without adjustment it would have faced substantial difficulties in finding counsel in the ... relevant market")

United States v. Rezaq, Omar Mohammed

134 F.3d 1121 · Court of Appeals for the D.C. Circuit · Feb 6, 1998

This case, however, clearly falls within at least one such theory, the so-called "passive personality principle." … The fact that Rezaq shot several passengers was clearly relevant to establishing that he had seized the aircraft, and later maintained control of it, by "force" or by "intimi- dation." 2.

EchoStar Satel v. FCC

Court of Appeals for the D.C. Circuit · Jul 25, 2006

In the present case the clearly expressed preference of the Congress is for a reliable model and, as we have seen, acceptance of EchoStar’s proposed clutter loss values would have derogated from that goal. … The satellite carrier and the network station or stations may jointly select a qualified and independent tester or, if they are unable to agree, then a tester will be designated by an independent and neutral entity, id. §

United States v. Williams

580 F.2d 578 · Court of Appeals for the D.C. Circuit · Apr 12, 1978

I understand the importance of such a claim, but in honesty can make it only as qualified above.” App. 285-286. . App. 287-290. . App. 294-295; Transcript of June 19, 1975 Hearing (Tr.) 116; Brief for Appellee at 59. . … Nor can we characterize the court’s finding that “Sumpter’s testimony at the hearing was insufficient to show that the government had engaged in such interception” as clearly erroneous. App. 413 n.3. .