Case law

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. §

Carpenter, Joann v. Fed Natl Mtge Assn

165 F.3d 69 · Court of Appeals for the D.C. Circuit · Jan 22, 1999

as qualified as, if not superior to, Carpenter. … But, even accepting Carpenter's Orwellian assumption that every instance of fraternization must be investigated lest it actually be sexual harassment, the argument assumes rather than establishes its equation of gender

Lacson v. United States Department of Homeland Security

726 F.3d 170 · Court of Appeals for the D.C. Circuit · Jul 30, 2013

And Lacson clearly “disclos[es] a substantial interest” in the SSI Order because it served as a predicate for his termination. 49 U.S.C. § 46110(a). … As the Supreme Court explained in Elgin, the CSRA establishes an “elaborate” and “painstaking[ly] detail[ed]” scheme for bringing employment actions before the MSPB and the Federal Circuit. 132 S. Ct. at 2133-34.

United States v. Fawaz Yunis, A/K/A Nazeeh

924 F.2d 1086 · Court of Appeals for the D.C. Circuit · Jan 29, 1991

The Geneva Convention, signed by 167 nations including the United States and Lebanon, establishes “having a fixed and distinctive signal recognizable at a distance” as one of four necessary conditions that qualify the members … IV, that militias must “conduct [their] operations in accordance with the laws and customs of war” to qualify as military organizations. Instructions at 34.

American Petroleum Institute v. United States Environmental Protection Agency

906 F.2d 729 · Court of Appeals for the D.C. Circuit · Jun 26, 1990

Comparative Risk In addition to establishing BDATs for various hazardous wastes, the First-Third Rule discussed certain general principles that the agency would follow in establishing treatment standards. … The RCRA clearly specifies, however, that hazardous wastes must be treated before being land disposed.

United States v. Brandon Laureys

866 F.3d 432 · Court of Appeals for the D.C. Circuit · Aug 8, 2017

Berlin was unavailable was clearly erroneous. The trial judge made clear that he was prepared to once again continue Laureys’ trial if Dr. … The court recently determined Strickland prejudice was established where trial counsel failed to offer expert psychiatric testimony necessary to establish a duress defense. United States v.

Town of Cave Creek v. Federal Aviation Administration

325 F.3d 320 · Court of Appeals for the D.C. Circuit · Apr 15, 2003

Petitioners’ challenge clearly misconstrues the agency’s actual methodology, as the FAA’s ambient measurements do take into account the envi- ronmental baseline. … DOT, 753 F.2d at 128 (‘‘It is clearly within the expertise and discretion of the agency to determine proper testing methods.’’). 4.

Pharmaceutical Research & Manufacturers of America v. United States Department of Health & Human Services

138 F. Supp. 3d 31 · Court of Appeals for the D.C. Circuit · Oct 14, 2015

Second, the Interpretive Rule clearly raises a,pure question of statutory interpretation. … The Interpretive Rule very clearly requires pharmaceutical manufacturers and covered entities alike to change their behavior in a not insignificant way.

Latif v. Obama

666 F.3d 746 · Court of Appeals for the D.C. Circuit · Nov 9, 2011

The district court is uniquely qualified to determine the credibility of hearsay, and the presumption of regularity does not detract from that role. … Indeed, the Government noted those criminal cases were “clearly distinguishable.” Id. at 45. We agreed.

Sue Gottfried v. Federal Communications Commission

655 F.2d 297 · Court of Appeals for the D.C. Circuit · Apr 17, 1981

No standards had yet been promulgated, however, when the Department of Education was established on May 4, 1980. … But the court clearly stated that the "prohibition against governmental interference is expressly limited to (attempts to enforce) authorizations" contained in the Public Broadcasting Act itself, see 521 F.2d at 296, and

American Wrecking Corp. v. Secretary of Labor

364 F.3d 321 · Court of Appeals for the D.C. Circuit · Dec 19, 2003

Rejecting AWC’s claim that Exhibit C-15 was not properly authenticated, the Commission held that the photograph and the expert testimony ‘‘clearly established that the bricks TTT were far from securely at- tached and were … The ALJ found both ex- perts to be credible and qualified to render expert opinions on issues pertaining to demolition safety.

Eagle Pharmaceuticals, Inc. v. Alex Azar, II

952 F.3d 323 · Court of Appeals for the D.C. Circuit · Mar 13, 2020

Firms must provide FDA with a description of the drug, authorities establishing the prevalence of the disease or condition to be treated, and “the scientific rationale to establish a medically … A competitor would need only to make 1 Under the Hatch-Waxman Act of 1984, however, the generic version of a drug may later qualify for exclusivity within the market for generics. See Pub. L.

Gottlieb v. Federal Election Commission

143 F.3d 618 · Court of Appeals for the D.C. Circuit · May 22, 1998

"Net outstanding campaign obligations" are essentially "the amount of [the] campaign's qualified obligations as of the date of ineligibility less the value of its assets on that date." LaRouche v. … They believe that a competing candidate "clearly" would have standing under these circumstances. Therefore, voters have standing to seek relief against "unfair treatment" burdening these candidates.

Hawaiian Dredging Construction Co. v. National Labor Relations Board

857 F.3d 877 · Court of Appeals for the D.C. Circuit · May 26, 2017

4 agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified … Nonetheless, the company had acted quickly “and its managers clearly prioritized the continued employment of the alleged discriminatees without regard to whether they were still members of the Boilermakers.” Id. at 24.

West Michigan Broadcasting Co. v. Federal Communications Commission

735 F.2d 601 · Court of Appeals for the D.C. Circuit · May 25, 1984

In this case, under the criteria of the Commission’s comparative evaluation process, both applicants were judged to be highly qualified. The competition was consistently viewed as a very close one. … In this case few of the stated factors established clear distinctions between Waters and West Michigan.

NTCH, Inc. v. Federal Communications Commission

841 F.3d 497 · Court of Appeals for the D.C. Circuit · Nov 15, 2016

The Court then went on to hold that “an agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).” Id. at 832. … Section 312(a) merely states that for each of the cited situations the Commission “may” act to revoke a license, clearly leaving the ultimate decision to the Commission’s discretion.

United States v. Michael R. Dougherty, United States of America v. Michael Slaski, United States of America v. Robert T. Begin, United States of America v. Dennis J. Moloney, United States of America v. Joseph F. O'rourke, United States of America v. Arthur G. Melville, United States of America v. Joann Malone

473 F.2d 1113 · Court of Appeals for the D.C. Circuit · Oct 26, 1972

This latter right is a qualified one. 2. … However, these questions need not be decided in this case because the record here clearly establishes a waiver of the right to proceed pro se, even if such right is deemed Constitutional in nature. 2 Mr.

Competitive Enterprise Institute v. National Highway Traffic Safety Administration

901 F.2d 107 · Court of Appeals for the D.C. Circuit · Jan 19, 1990

NHTSA clearly understands that Congress instructed it to administer the CAFE program so as not to induce “product restrictions.” … Evidence concerning the effects of a CAFE standard above 26.0 cannot establish a linear relationship between CAFE and “product restrictions” at points below 26.0.

United States v. Brianna Meadows

867 F.3d 1305 · Court of Appeals for the D.C. Circuit · Aug 18, 2017

The Department establishes a claimant’s eligibility to receive unemployment benefits through a six-question weekly claim form, which claimants may submit online. … That conclusion was not clearly erroneous.