Case law

International Association Of Machinists, District Lodge 94, Afl-Cio, Petitioners v. National Labor Relations Board

414 F.2d 1135 · Court of Appeals for the D.C. Circuit · Oct 27, 1969

Thomas and Ehlers each established a new management and supervisory hierarchy. … its own'; attitudes on sales and performance which might have been tolerable to General Motors would not be acceptable to independent dealers. 10 A comparison of these factual aspects indicates at once that this record is clearly

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency

859 F.2d 156 · Court of Appeals for the D.C. Circuit · Dec 30, 1988

Their assertions of power are oddly qualified. 40 C.F.R. … The agency's position is clearly final.

National Association for the Advancement of Colored People, Jefferson County Branch v. Donovan

765 F.2d 1178 · Court of Appeals for the D.C. Circuit · Jul 9, 1985

Sec. 214.2(h)(3)(i)(A) (1985). 6 DOL has established a detailed regulatory framework "to secure information sufficient to make [the] factual determinations" required by INS. 20 C.F.R. Sec. 655.0 (1984). … "The terms of this regulation clearly mandate" that "[i]f the AER is increased, ... the piece rate be increased accordingly." Id. at 222 .

Salazar v. Dist. of Columbia

896 F.3d 489 · Court of Appeals for the D.C. Circuit · Jul 20, 2018

A change in the facts qualifies as significant if it makes compliance with the decree “substantially more onerous,” “unworkable because of unforeseen obstacles,” or “detrimental to the public interest.” … The district court nonetheless decided that “common sense” dictated that “issues affecting initial applications and renewals are clearly related to” the remaining Subclass seeking Early Childhood Services because “a child

Independent Insurance Agents of America, Inc. v. Board of Governors

835 F.2d 1452 · Court of Appeals for the D.C. Circuit · Dec 29, 1987

In the face of this unambiguous language (and notable omission), Petitioners nevertheless argue that Congress “clearly” intended to codify the principal place of business exemption. … This is clearly improper.

United States v. Azam Doost

3 F.4th 432 · Court of Appeals for the D.C. Circuit · Jul 6, 2021

Moreover, in ordinary legal meaning, cash, money, loan proceeds, or other intangibles qualify as “personal property.” See, e.g., Dickman v. … The email clearly asks Doost to “carefully read the definition of Affiliated Transactions” before certifying that there were none.

United States v. Stephen Bannon (ORDER IN SLIP OPINION FORMAT)

Court of Appeals for the D.C. Circuit · May 27, 2025

Without the “willfully” qualifier, the statute could have been read to criminalize those defaults too. … O.L.C. 1, 4–5 (1999); Immunity of the Former Counsel to the President from Compelled Congressional Testimony, 31 Op.

In Re United States Department of Defense

848 F.2d 232 · Court of Appeals for the D.C. Circuit · Jun 3, 1988

That exemption covers matters that are “(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified … Insofar as they require the performance of substantial organizational chores before a judge can meaningfully review a mass of classified documents, certain FOIA cases would seem to qualify for “exceptional case" treatment

Mister Ralpho v. J. Raymond Bell, Chairman, Foreign Claims Settlement Commission of the United States

569 F.2d 607 · Court of Appeals for the D.C. Circuit · Sep 12, 1977

This position must be evaluated by the Administrative Procedure Act, which, in general, invites judicial scrutiny of the broadest gauge. 55 That invitation is qualified only “to the extent that statutes preclude judicial … 575 (1964) : Action challenged as a denial of due process — whether substantive in the sense of being arbitrary or by capricious classification, or procedural in the sense of being denied minimum safeguards' — could be immune

Ruggiero v. Federal Communications Commission

317 F.3d 239 · Court of Appeals for the D.C. Circuit · Jan 31, 2003

Reno, 200 F.3d 63 (2d Cir.1999), and hardly qualifies as a pirate who “briefly” operated without a license. As against this, the dissent has two responses. … And the answer to that question is clearly no.

In re: Larry Klayman

991 F.3d 1289 · Court of Appeals for the D.C. Circuit · Mar 26, 2021

comments to Rule 1.9, the relevant “matter” is not limited to litigation: “[w]hen a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests clearly … Klayman argues that he qualifies for three of the four Rule IV(c) exceptions. We consider each, though in a slightly different order. A.

National Ass'n for the Advancement of Colored People v. Donovan

765 F.2d 1178 · Court of Appeals for the D.C. Circuit · Jul 9, 1985

DOL has established a detailed regulatory framework “to secure information sufficient to make [the] factual determinations” required by INS. 20 C.F.R. § 655.0 (1984). … “The terms of this regulation clearly mandate” that “[i]f the AER is increased, ... the piece rate be increased accordingly.” Id. at 222.

Ethnic Employees of the Library of Congress v. Daniel J. Boorstin Ethnic Employees of the Library of Congress v. Daniel J. Boorstin, Librarian of Congress

751 F.2d 1405 · Court of Appeals for the D.C. Circuit · Jan 11, 1985

Allowing federal employees to recast their Title VII claims as constitutional claims would clearly threaten those same policies. … That court qualified this statement in Pollard v.

The Port of New York Authority v. Baker, Watts & Co.

392 F.2d 497 · Court of Appeals for the D.C. Circuit · Mar 8, 1968

Many statements in the debates requiring a “guarantee by the city” or the like, it is argued, obviously related to issuers with tax power whose obligations could not have qualified without a pledge of the tax revenues. … A bistate agency of the states of New York and New Jersey, established by Compact of April 30, 1921, between those states and consented to by Congress. 42 Stat. 174 (1921).

Pain v. United Technologies Corp.

637 F.2d 775 · Court of Appeals for the D.C. Circuit · Nov 17, 1980

As a prerequisite, the court must establish whether an adequate alternative forum exists which possesses jurisdiction over the whole case. … s fault would constitute an affirmative defense arguably freeing UTC from liability. 55 That defense, in *241 turn, depends almost entirely upon demonstrative, documentary, and testimonial evidence located in Norway and immune

Polar Bear Endangered Species Act Listing & Section 4(D) Rule Litigation-MDL No. 1993 v. Jewell

720 F.3d 354 · Court of Appeals for the D.C. Circuit · Jun 18, 2013

The MMPA establishes a “stepwise approach” to the conservation of marine mammals. Appellees’ Br. 5. … Cir. 1996) (“[I]t is of course a well-established maxim of statutory construction that courts should avoid interpretations that render a statutory provision superfluous.”).

John Doe v. District of Columbia

701 F.2d 948 · Court of Appeals for the D.C. Circuit · Jan 28, 1983

. *950 Because of the lack of qualified inmate supervision — one facility housing 1,000 inmates had eight noninmate guards — violence among inmates went completely unchecked. … Here plaintiffs were required to prove that the assaults clearly exceeded the range of violence normally associated with groups of the most violence-prone felons.

Northern States Power Co. v. United States Department of Energy

128 F.3d 754 · Court of Appeals for the D.C. Circuit · Nov 14, 1997

Petitioners have established that they have a clear right to relief, and thus have satisfied the first requirement for a writ of mandamus. … qualifi- cation or condition." 88 F.3d at 1276.

American Medical Ass'n v. United States

130 F.2d 233 · Court of Appeals for the D.C. Circuit · Oct 12, 1942

But there is a clearly defined line of demarcation here which must be observed if the penalties of the Sherman Act are to be avoided. … Nissen, 173 N.C. 359, 364 , 91 S.E. 1036 , 1038: “The establishment and conduct of hospitals for pay is now a recognized and established business.” In Armendarez v.

Alam Ganem v. Otis R. Bowen, Secretary of Health and Human Services

811 F.2d 1575 · Court of Appeals for the D.C. Circuit · Feb 20, 1987

But the agency’s regulations set forth the relevant standard and the Secretary clearly articulated and applied it. … Ganem argues that this statement establishes authoritatively that Iran had no generally applicable social insurance system under the Shah.