Case law

Accarino v. United States

179 F.2d 456 · Court of Appeals for the D.C. Circuit · Nov 7, 1949

The reasoning of the passage indicates clearly that a writ was essential to a lawful breaking into a house for purposes of arrest. … The authorities which the court cited and which we have now discussed do not support the unqualified right but clearly indicate that while there is a right it is qualified in that necessitous circumstances must exist.

Gunnell Construction Company, Inc., a Delaware Corporation v. District of Columbia, a Municipal Corporation

551 F.2d 425 · Court of Appeals for the D.C. Circuit · Jan 28, 1977

The Board was established *428 under District of Columbia Organization Order No. 9 which provides, in relevant part: * * * There is established a Contract Appeals Board, D.C., consisting of one or more active or retired Assistant … The composition established for the District Board by Reorganization Order No. 29 is therefore clearly in the minority and for this reason seems especially likely to represent a conscious choice to eschew the all-lawyer “

Alpo Petfoods, Inc. v. Ralston Purina Company

913 F.2d 958 · Court of Appeals for the D.C. Circuit · Sep 7, 1990

For the reasons that follow, we set that finding aside as clearly erroneous. … See, e.g., Fed.R.Civ.P. 37 (establishing sanctions for discovery abuse).

American Federation of Government Employees,afl-Cio v. Department of Housing & Urban Development, American Federation of Government Employees, Afl-Cio v. William J. Perry, Secretary of Defense

118 F.3d 786 · Court of Appeals for the D.C. Circuit · Jul 15, 1997

Finally, the court held that the illegal drug use question on the SF 86 would not violate the Fifth Amendment because it contains the equivalent of a use immunity statement. … We simply hold that this record does not establish an invasion of any right or liberty protected by the Fourteenth Amendment."

Whitney v. Hay

15 App. D.C. 164 · Court of Appeals for the D.C. Circuit · Jun 9, 1899

It must be clearly and distinctly proved substantially as alleged-The certainty of proof required to establish it is not absolute but reasonable. Neale v. … After an examination of the cases, he says: “In the vast majority of cases the evidence establishing the part performance, and the acts of part performance themselves, when established, do not, and, in the nature of things

Teague, III v. Alexander

662 F.2d 79 · Court of Appeals for the D.C. Circuit · Aug 24, 1981

Joint Committee Report, supra, note 3, at 45. 7 In August or September 1969, following its standard procedure on receipt of information regarding his antiwar activities, the AOC established a file on Teague. … A program instituted to resolve special tax-enforcement problems created by activist organizations clearly seeks an objective encompassed by those interests.

United States v. Tai Tan Nguyen

325 F. Supp. 3d 124 · Court of Appeals for the D.C. Circuit · Sep 18, 2018

Nor do they represent "the egregious facts necessary to establish that the statements he made during questioning were involuntary." … These forms, he contends, featured "language which clearly threatened his employment." Id. The evidence belies his arguments. When Agent Keck encountered him, Mr.

Alabama Power Co. v. Interstate Commerce Commission

852 F.2d 1361 · Court of Appeals for the D.C. Circuit · Aug 2, 1988

Conrail has failed to travel down any of these established tracks. … Attempting to rebut the charge that it was asleep at the switch, Conrail suggests that it was in fact a party in the ICC rulemaking and thus qualifies as a “party aggrieved” under section 2344.

National Citizens Committee for Broadcasting and Friends of the Earth v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc. (Abc), Cbs, Inc., Intervenors. Committee for Open Media v. Federal Communications Commission and the United States of America, Council on Economic Priorities and United Farm Workers of America and Henry Geller, Intervenors. Council on Economic Priorities v. Federal Communications Commission and United States of America, United Farm Workers of America, Intervenor

567 F.2d 1095 · Court of Appeals for the D.C. Circuit · Nov 11, 1977

This was clearly established in Columbia Broadcasting System, Inc. v. … We further note that where there is offered an opportunity to speak on an issue, but no one takes advantage of the opportunity, it is highly doubtful that the issues could qualify as one of importance 74 The opinion in CBS

Clay v. Chesapeake & Potomac Telephone Co.

184 F.2d 995 · Court of Appeals for the D.C. Circuit · Aug 7, 1950

Such a view disregards the obvious fact that public utility status alone does not deprive a company of the power to contract. 5 If followed, it would immunize the Company from liability for any of the incidental obligations … I think, as the trial judge held, that no breach of contract was shown by the plaintiff in this action. 16 In the next place, I think that appellant did not establish a contract.

Sierra Club v. Anne M. Gorsuch, Administrator, Environmental Protection Agency, American Mining Congress, Intervenors

715 F.2d 653 · Court of Appeals for the D.C. Circuit · Nov 2, 1983

Background The Clean Air Act (Act) 2 established minimum air quality standards to be achieved in all regions of the country. … Costle, 11 EPA’s PSD regulations considered all emissions from a source for purposes of determining whether it qualified as a major emitting facility under the Act.

United States v. Bernard E. Meyer, and Philip J. Hirschkop

462 F.2d 827 · Court of Appeals for the D.C. Circuit · Jan 20, 1972

Moreover, we do not say that the more vicious the attack on the judge the less qualified he is to act. A judge cannot be driven out of a case. … Ungar involved the failure of a witness in a state criminal trial to answer questions put to him by the prosecution, despite the fact that he had been granted transactional immunity.

Cities of Statesville v. Atomic Energy Commission

441 F.2d 962 · Court of Appeals for the D.C. Circuit · Dec 5, 1969

They alleged that the project, in its present form, clearly violated the spirit of the antitrust laws, and requested that Piedmont be given a share of the project so that it could represent the interests of the municipalities … The petitioners, in reading section 105(c) in the light of section 104(b), are attempting to make that language, clearly applicable to section 103 on its face, circuitously applicable to section 104(b) licensing.

AT&T Corp. v. FCC (PUBLIC)

Court of Appeals for the D.C. Circuit · Aug 13, 2020

By its terms, it applies to all “competitive local exchange carriers,” and Aureon clearly falls into that category. … The question, then, is whether the FCC’s conclusion that Aureon’s contracts with its subtending carriers do not qualify as “access revenue sharing agreements” was reasonable. It was not.

National Association of Postal Supervisors v. United States Postal Service, National Association of Postmasters of the United States v. United States Postal Service, National Association of Postmasters of the United States v. United States Postal Service

602 F.2d 420 · Court of Appeals for the D.C. Circuit · Aug 2, 1979

Yet assuming the absence of a constitutionally-based claim, if Congress clearly intended to preclude or restrict review, if judicial interference would imperil the policies underlying the lawmakers' decision to delegate the … The Postal Service also seeks to establish levels of compensation for its supervisory and managerial personnel that will assure the attraction and retention of qualified and capable supervisors and managers.

Beaumont Branch of the Naacp and the National Black Media Coalition v. Federal Communications Commission, Pyle Communications, Inc., Intervenor

854 F.2d 501 · Court of Appeals for the D.C. Circuit · Aug 19, 1988

The licensee’s explanations for the departure of the ten blacks employed at the time of the acquisition were clearly deficient. … Third, the Commission failed to give proper weight to the licensee’s clearly deficient EEO record.

Bunz v. Moving Picture Machine Operators' Protective Union Local 224

567 F.2d 1117 · Court of Appeals for the D.C. Circuit · Nov 16, 1977

Section 101 of the Labor-Management Reporting and Disclosure Act of 1959 (LandrumGriffin Act), 29 U.S.C. § 411 (1970), establishes a “bill of rights” for union members. … Both in brief and in oral argument, plaintiff laid great stress on the phrase “subject to reasonable rules and regulations in such organization’s constitution and by-laws,” and argued that it “more clearly defines ” the “

International Brotherhood of Electrical Workers, Local Union No. 68, Afl-Cio v. National Labor Relations Board

448 F.2d 1127 · Court of Appeals for the D.C. Circuit · Sep 15, 1971

LEVENTHAL, Circuit Judge (dissenting) : I had originally thought that this was the case dreamed of by law school professors, a case where I could conscientiously say that although I considered the findings “clearly erroneous … These facts plainly established a basis for the Union to believe that the company was abandoning the practice of separate bargaining on these issues.

Amer Commty Bkrs v. FDIC

200 F.3d 822 · Court of Appeals for the D.C. Circuit · Jan 18, 2000

Law. 507, 510 (1991) (discussing the establishment of FICO). … If an agency errs, the agency is liable, to the extent that Congress has waived the government's immunity from suit.

Maurice C. Dreicer v. Commissioner of Internal Revenue

665 F.2d 1292 · Court of Appeals for the D.C. Circuit · Sep 24, 1981

erroneous. 36 True it is that the court recognized that Dreicer continued to revise old ideas and develop new ones for radio and television programs during the 1960’s and 1970’s. 37 But the record does not establish either … The Tax Court’s findings of fact are binding on federal courts of appeals unless clearly erroneous. I.R.C. § 7482(a); Commissioner v.