Case law

Parker v. District of Columbia

478 F.3d 370 · Court of Appeals for the D.C. Circuit · Mar 9, 2007

The Preamble declares that the Constitution is ordained and established by “the People of the United States.” … And that right which every Protestant most unquestionably possesses, individually, may, and in many cases must, be exercised collectively, is likewise a point which I conceive to be most clearly established by the authority

Margo Bouchet v. The National Urban League, Inc. Margo Bouchet v. The National Urban League, Inc.

730 F.2d 799 · Court of Appeals for the D.C. Circuit · Mar 23, 1984

According to the findings of the District Court, it became painfully obvious within a matter of months that she was not qualified to handle her responsibilities. … After nine days of trial, Judge Penn found that, while the evidence suggested that “Johnson was attracted to” the appellant and that “he flirted with her on several occasions,” it did not establish that any sexual advances

In Re Korean Air Lines Disaster of September 1, 1983, Korean Air Lines Company, Ltd.

932 F.2d 1475 · Court of Appeals for the D.C. Circuit · Jul 5, 1991

Appellees respond that both experts were qualified pilots with significant trans-Pacific experience, and that the ICAO Report was a legitimate source for them to rely on. … For a long time, that court had held that no cause of action is established by the Convention. See Benjamins v.

John Doe, Inc. v. Drug Enforcement Administration

484 F.3d 561 · Court of Appeals for the D.C. Circuit · Apr 27, 2007

And the permit denial, which became final thirty days after its issuance, clearly “determined” Doe’s rights, Bennett, 520 U.S. at 178, establishing “legal consequences” by prohibiting importation, id. … Doe therefore hasn’t established — indeed, hasn’t even attempted to establish — the factual predicate necessary for this court to resolve the legal question Doe asks us to resolve.

Ernest W. Harried v. United States

389 F.2d 281 · Court of Appeals for the D.C. Circuit · Nov 30, 1967

It is clearly not the import of Holmes to require a bifurcated trial in every case where there is a substantial insanity question. … The defense presented a qualified psychiatrist who testified that Appellant was suffering from a mental disease which had “produced” the criminal act. 3 Appellant’s uncle testified that prior assaults on children and others

United States v. Jean-Paul Gamarra

Court of Appeals for the D.C. Circuit · Oct 4, 2019

The District Court did not clearly err in crediting Dr. Graddy’s opinion. We assume that Gamarra will be returned to FMC Butner and that, as Dr. … We therefore believe Gamarra has presented no basis for concluding that the district court clearly erred in relying on Dr.

National Ass'n of Greeting Card Publishers v. United States Postal Service

569 F.2d 570 · Court of Appeals for the D.C. Circuit · Dec 28, 1976

R74-1) established 10 cent first class rates. … Finally, legislative history clearly belies the contention that Congress intended to continue the prior authority vested in the Postmaster General to establish fees for special services unilaterally.

United States v. Jean-Paul Gamarra (PUBLIC VERSION)

Court of Appeals for the D.C. Circuit · Oct 22, 2019

The District Court did not clearly err in crediting Dr. Graddy’s opinion. We assume that Gamarra will be returned to FMC Butner and that, as Dr. … We therefore believe Gamarra has presented no basis for concluding that the district court clearly  7 erred in relying on Dr.

States Marine International, Inc. v. Peter G. Peterson, Secretary of Commerce v. Liner Council, American Institute of Merchant Shipping, Intervenor-Appellee. American Maritime Association v. Peter G. Peterson, Secretary of Commerce v. Liner Council, American Institute of Merchant Shipping, Intervenor-Appellee

518 F.2d 1070 · Court of Appeals for the D.C. Circuit · Sep 5, 1975

We think the statute and its legislative history clearly establish that the purpose of the ODS program is not to subsidize cargo carriage but instead to subsidize operation of vessels so that the vessels are in a position … AIMS is clearly concerned.

Robert Franklin v. District of Columbia

163 F.3d 625 · Court of Appeals for the D.C. Circuit · Mar 22, 1999

In both of those cases, appellants filed curt, one paragraph motions, which clearly failed to comply with Rule 7(b)(1). … Would prison officials have to pass over more qualified physicians in the interest of hiring those who spoke several languages? Would bilingual medical staff have to be maintained around the clock?

Inland Waterways Corporation v. Hardee

100 F.2d 678 · Court of Appeals for the D.C. Circuit · Oct 31, 1938

In the circumstances we have narrated we think it clearly appears that the two deposit accounts which stood in the name of the Corporation as agent contained money of the United States. … In this state of the record we think the argument in favor of immunity is no more persuasive here than in the case of Fleet Corporation, and that, like Fleet Corporation, it is liable for its wrongful acts just as in the

Stewart v. Azar

313 F. Supp. 3d 237 · Court of Appeals for the D.C. Circuit · Jun 29, 2018

Generally, a state must cover all qualified individuals or forfeit its federal Medicaid funding. Id. § 1396a(a)(10)(B). … The text, however, quite clearly limits its objectives to helping States furnish rehabilitation and other services that might promote self-care and independence.

Foundation on Economic Trends v. Richard Lyng, Secretary of Agriculture

943 F.2d 79 · Court of Appeals for the D.C. Circuit · Sep 6, 1991

These facilities were established to conserve germplasm, to foster its use in plant breeding, and to provide secure, long-term storage. … The Supreme Court there held ( 405 U.S. at 739 , 92 S.Ct. at 1368 ) that “a mere ‘interest in a problem,’ no matter how longstanding the interest and no matter how qualified the organization is in evaluating the problem,”

Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency

907 F.2d 1146 · Court of Appeals for the D.C. Circuit · Jun 29, 1990

Congress clearly understood that “hazardous constituents” was a technical term with a meaning distinct from the term “hazardous wastes.” … In this case, Congress has used well-established terms of art to express its meaning with great precision.

Pacific Coast European Conference and Its Member Lines v. Federal Maritime Commission and United States of America, States Marine Lines, Inc., & Global Bulk Transport, Inc., Intervenors. States Marine Lines, Inc., and Global Bulk Transport, Inc. v. Federal Maritime Commission and United States of America, Pacific Coast European Conference, Intervenors

439 F.2d 514 · Court of Appeals for the D.C. Circuit · Mar 17, 1971

It was established in 1937 pursuant to an agreement approved by the Federal Maritime Commission under Section 15 of the Shipping Act of 1916. … Many nations have long established policies embodied in statutes against the enforcement of foreign court subpoenas.

Robert Sherrill v. H. Stuart Knight, Director, United States Secret Service

569 F.2d 124 · Court of Appeals for the D.C. Circuit · Dec 15, 1977

Clearly, protection of the President is a compelling, “even an overwhelming,” interest, Watts v. … This first amendment interest undoubtedly qualifies as liberty which may not be denied without due process of law *131 under the fifth amendment. 22 The only further determination which this court must make is “what process

United States v. Donald Trump

88 F.4th 990 · Court of Appeals for the D.C. Circuit · Dec 8, 2023

Trump’s former Chief of Staff, was cooperating with the Special Counsel in exchange for immunity. … Trump in exchange for “IMMUNITY against Prosecution (PERSECUTION!) by Deranged Prosecutor, Jack Smith.” Special Counsel Mot. Reply 9.

Mail Order Association of America v. United States Postal Service, No. 91-1058

986 F.2d 509 · Court of Appeals for the D.C. Circuit · Mar 10, 1993

Morgan , however, is clearly distinguishable from the present case. … Most significantly, the judicial review provisions of §§ 3625(c) and 3628 qualify the Attorney General’s customary role in Postal Service litigation, as defined in § 409(d).

Cambridge Holdings Group, Inc. v. Federal Insurance

489 F.3d 1356 · Court of Appeals for the D.C. Circuit · Jun 19, 2007

The Ninth Circuit has qualified the other circuits’ approach by holding that an order disposing of all claims only against served parties is not final if “it is clear from the course of proceedings that further adjudication … Cambridge argues that this letter is sufficient to establish service because it “clearly acknowledges receipt of the complaint, and through the reference to the ‘notice’ of October 22, 2001, of the summons.”

World Communications, Inc. v. Federal Communications Commission

20 F.3d 472 · Court of Appeals for the D.C. Circuit · Apr 8, 1994

WorldCom now challenges that premise, claiming that its “offer” to accomplish flow-through should persuade the Commission to prefer it over the firm that won the refund under the Commission’s hitherto established principle … At least by late 1985, when the Commission issued its International Competitive Carrier Policies decision, ITT was non-dominant, and that was clearly the premise of the Flow-Through Order. .It is unclear just why WorldCom