Case law

United States v. Webb, Alvin

134 F.3d 403 · Court of Appeals for the D.C. Circuit · Feb 3, 1998

Webb qualifies for an automatic two- point reduction under the heading of Specific Offense Charac- teristics, U.S.S.G. s 2D1.1(b)(6), because he meets the "safety valve" criteria noted above and his base offense level was … CONCLUSION As the foregoing account clearly shows, Judge Sporkin not only abused his discretion in sentencing the defendant in this case, he did so knowingly; indeed, he expressly invited the court of appeals to

Cooperative Services, Inc. v. U.S. Department of Housing and Urban Development

562 F.2d 1292 · Court of Appeals for the D.C. Circuit · Sep 2, 1977

In 1959, in order to provide low cost housing for elderly persons of modest income, Congress created the Section 202 program. 1 It authorized the federal government to make direct loans at low interest to qualified sponsors … Gallegos, 179 U.S.App.D.C. 120 , 549 F.2d 822 (1977), but that is clearly not the situation in this case.

Northstar Wireless, LLC v. FCC

38 F.4th 190 · Court of Appeals for the D.C. Circuit · Jun 21, 2022

Seventy entities qualified to compete in the auction, which ran between late 2014 and early 2015. … was “clearly presaged” by the Fifth Memorandum Opinion & Order issued in 1994.

Tax Analysts v. Internal Revenue Service

117 F.3d 607 · Court of Appeals for the D.C. Circuit · Jul 8, 1997

To accept these arguments, the Court thought, would be to read out of the Amendment the qualifier “in a form.” … It simply slaps § 6103 on the table and tells us that everything in an FSA, every line, every word, is immune from disclosure.

Water Transport Association v. Interstate Commerce Commission

819 F.2d 1189 · Court of Appeals for the D.C. Circuit · Jun 5, 1987

Courts have recognized that Sec. 2344's requirement of "party aggrievement" may impose a heavier burden of establishing standing than the APA does. See note 27 supra. … Conference Report supra note 50, at 142, reprinted in [1980] U.S.Code Cong. & Admin.News at 4174 ("[t]he provision contained in this section ... qualifies each provision of each section of this Act") 52 Ex parte No. 367,

Genus Medical Technologies LLC v. FDA

994 F.3d 631 · Court of Appeals for the D.C. Circuit · Apr 16, 2021

As set out above, supra Section I.A, the FDCA establishes two distinct regulatory tracks, one for drugs and one for devices. … It did so to clearly permit the FDA to regulate as drugs some products also meeting the device definition.

Animal Legal Defense Fund, Inc. v. Thomas Vilsack

111 F.4th 1219 · Court of Appeals for the D.C. Circuit · Aug 9, 2024

As a result, although ALDF alleges that FSIS has violated the PPIA, the group must still establish that the injury Mastracco suffers is sufficiently concrete to qualify as injury-in-fact. … This seems enough to establish a concrete informational injury under TransUnion LLC v.

Whitbeck, Beverly A. v. Vital Signs Inc

159 F.3d 1369 · Court of Appeals for the D.C. Circuit · Nov 20, 1998

In this case, for example, the neurologist's statement to Mutual of Omaha, in which he answered "no" to the question whether  Whitbeck's job could be "modified to allow for handling with impairment," was clearly relevant … Whit- beck argues (as she did to the magistrate judge) that her  statements to her neighbor and sister-in-law describing her conversation with Henricks qualified as non-hearsay under the "prior consistent statement"

District of Columbia, a Municipal Corporation v. Jack J. Schramm, Regional Administrator, Region Iii, U. S. Epa

631 F.2d 854 · Court of Appeals for the D.C. Circuit · Jun 18, 1980

A state can qualify to “establish and administer under State law” its own NPDES program only if the state attorney general submits a statement “that the laws of such State . . provide adequate authority to carry out the program … We believe this finding is clearly supported in the record.

Branch v. Federal Communications Commission

824 F.2d 37 · Court of Appeals for the D.C. Circuit · Jul 21, 1987

No. 86-274, Sec. 1 , 73 Stat. 557 , 557. 33 The legislative history of the 1959 amendments conclusively establishes three critical and overlapping points. … That Congressional intent is ambiguous is, of course, quite a different matter than concluding, as the court apparently does, that Congress clearly intended to exclude newscasters from the exemptions. 78 It is thus the ambiguity

Hoffman Plstcs v. NLRB

237 F.3d 639 · Court of Appeals for the D.C. Circuit · Jan 16, 2001

Had the sentence established a general rule of law, we might agree. … Yet the Board has long held that employee misconduct does not completely immunize employers from their backpay obligations, even when the discriminatees would not have been hired but for their own wrongful con- duct.

Raymond G. Rieser, Administrator for the Estate and Personal Representative of Rebecca A. Rieser v. District of Columbia, and Timothy Abron. Raymond G. Rieser, Administrator for the Estate and Personal Representative of Rebecca A. Rieser v. District of Columbia

580 F.2d 647 · Court of Appeals for the D.C. Circuit · May 4, 1978

persons to those positions, and the expeditious establishment of an efficient local judicial system capable of rendering "swift and sure" justice in criminal cases. … Tashire, 386 U.S. 523, 530-31 , 87 S.Ct. 1199 , 18 L.Ed.2d 270 (1967), and municipal immunity from civil rights suits under 28 U.S.C. § 1343 (3) (1970), See Monroe v.

Snt Lukes Hosp v. Thompson, Tommy G.

355 F.3d 690 · Court of Appeals for the D.C. Circuit · Jan 30, 2004

Each year, the Secretary of Health and Human Services establishes a prospective ‘‘composite rate’’ for various outpa- tient treatments of end-stage renal disease (ESRD). See 48 Fed. … These calculations are made to determine if a facility qualifies for an exception.’’ Appellee’s Br. at 28 (citation omitted). Not only did St.

Pardo-Kronemann v. Donovan

601 F.3d 599 · Court of Appeals for the D.C. Circuit · Apr 16, 2010

Given these differences between the OGC and OIA jobs, we think a reasonable jury could conclude that the transfer qualifies as an adverse employment action. … The passage I’ve quoted at length above clearly treats the “adverse action” inquiry as turning on differences between Pardo-Kronemann’s new job and the one he was doing when he was transferred. My colleagues disagree.

Consolidation Coal Company v. Federal Mine Safety and Health Review Commission, Coal Employment Project, United Mine Workers of America, Intervenors

824 F.2d 1071 · Court of Appeals for the D.C. Circuit · Jul 24, 1987

Furthermore, the likelihood of the Secretary relying on this violation in the future in order to establish a “pattern” of violations is virtually nil. … The labeling rulemaking established new norms of conduct, thereby subjecting previously lawful behavior to sanctions.

Richard Convertino v. DOJ

Court of Appeals for the D.C. Circuit · Jun 22, 2012

DOJ argued that Convertino could not establish a prima facie violation of the Privacy Act because, without knowing the source’s identity, he could not establish the source’s state of mind. … Mar. 12, 2012) (district court’s suggestion that Eastern District discovery can continue after court’s grant of summary judgment here “is clearly wrong”).

United Air Lines, Inc. v. Civil Aeronautics Board

569 F.2d 640 · Court of Appeals for the D.C. Circuit · Nov 28, 1977

This statutory definition is clearly broad enough to encompass the holding companies created by the air carrier petitioners. … Nothing in the structure of the airline industry would indicate that airline carriers are immune from such consequences.

Cooper v. Nielsen

298 F. Supp. 3d 197 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

But the claims that were investigated are clearly set out on pages one and two of the agency's Report of Investigation [Dkt. # 15-5], and they do not include retaliation. … ("When [discriminatory] statements are not made directly to a plaintiff, generally a hostile environment cannot be established.").

Weyerhaeuser Company v. Douglas M. Costle, Administrator, Environmental Protection Agency, No. 76-1674

590 F.2d 1011 · Court of Appeals for the D.C. Circuit · Sep 5, 1978

Thus, while duPont clearly establishes the necessity of including some provision for variances in the 1977 limitations, it raises a question as to the justiciability of the provision’s specific validity in the context of … It suffices, however, that EPA established the eight-hour operability of activated sludge systems, and demonstrated that such short detention times make the system relatively immune to cold. App. 2261. 76 .

Estate of Parsons v. Palestinian Authority

651 F.3d 118 · Court of Appeals for the D.C. Circuit · Aug 12, 2011

I express no opinion on the Seventh Circuit’s application of criminal recklessness to establish civil liability under the ATA for a violation of section 2339A because the Parsons family failed to establish even criminal recklessness … The Foreign Sovereign Immunity Act confirms that to the extent it is not immune, a “foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances.” 28 U.S.C. § 1606