Case law
Opinions from 1658 to today.
6,967 results
1.18s
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.
Cited 13 timesPublishedMail 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).
Cited 24 timesPublishedWorld 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
Cited 1 timesPublished439 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.
Cited 0 timesPublished605 F.3d 985 · Court of Appeals for the D.C. Circuit · May 25, 2010
Establishing when and by whom drugs can be sold is analogous. … These findings are not clearly erroneous.
Cited 132 timesPublishedUnited States v. Antonio Moreno-Membache
995 F.3d 249 · Court of Appeals for the D.C. Circuit · Apr 27, 2021
The district court did not clearly err in finding that Membache possessed a firearm in connection with his offense. … To be sure, in addressing the firearm issue, the court did make one reference to Membache’s supervisory role: “Moreover, as already established, Membache had a supervisory role in the Mistby offense, and played a role in
Cited 5 timesPublishedUnited States Ex Rel. Schweizer v. Océ N.V.
677 F.3d 1228 · Court of Appeals for the D.C. Circuit · Apr 20, 2012
This qualifies as an injury in fact. Section 3730(c)(2)(B) causes the injury because § 3730(c)(2)(A) would otherwise permit dismissal without judicial scrutiny. … Although decisions not to prosecute may be immune from review, the same cannot be said of decisions to dispose of a pending case. Compare Heckler, 470 U.S. at 833, with Rinaldi v.
Cited 14 timesPublished374 F.3d 1240 · Court of Appeals for the D.C. Circuit · Jul 20, 2004
The same agreement, however, established that Smith and Reid would in fact own the property as tenants in common, each with a fifty percent share. … Even if his offhand reference to his memory could be read to qualify the first of his statements that the SAGA check was used for an innocuous Disney excursion, it would not undercut the several subsequent statements about
Cited 9 timesPublishedPeralta v. U.S. Attorney's Office
136 F.3d 169 · Court of Appeals for the D.C. Circuit · Feb 24, 1998
We have observed previously that the FBI is "clearly ... covered" by the FOIA, McGehee v. CIA, 697 F.2d 1095, 1108 (D.C. Cir. 1983). … Although we do not recognize de facto party status today, it is apparent that the DOJ has not established that it would qualify as a de facto defendant in this case even if we thought such a thing existed.3 The record
Cited 25 timesPublishedGarcia v. Exec. Office for U.S. Attorneys
302 F. Supp. 3d 79 · Court of Appeals for the D.C. Circuit · Mar 14, 2018
This claim is especially significant in light of plaintiff's involvement in a RICO investigation by the ATF Regional Area Gang Enforcement (RAGE) Unit Task Force, which was established to address the violent crimes carried … Federal Rule of Criminal Procedure 6(e), which bars disclosure of matters occurring before a grand jury, is "a qualifying statute under Exemption 3." Id.
Cited 3 timesPublishedMichael Ellis, Appellees/cross-Appellants v. District of Columbia, Appellants/cross-Appellees
84 F.3d 1413 · Court of Appeals for the D.C. Circuit · May 28, 1996
While plaintiffs thus cannot establish a liberty interest stemming from the District’s parole statute, they say one may be derived from parole regulations the Board adopted in 1987 pursuant to its authority “to establish … If the Board’s policy is followed, the District’s system clearly comports with due process. Morrissey, 408 U.S. at 488 , 92 S.Ct. at 2603-04 .
Cited 119 timesPublishedSalazar v. Washington Metropolitan Area Transit Authority
401 F.3d 504 · Court of Appeals for the D.C. Circuit · Mar 22, 2005
But an employer’s departure from standard procedures does not automatically support such an inference; the plaintiff must still establish discriminatory motive. Johnson, 679 F.2d at 922 . … Indeed, they would seem to cover precisely the range of scenarios relevant to the selection of a qualified supervisor. Compare Maj.
Cited 65 timesPublishedCourt of Appeals for the D.C. Circuit · Oct 9, 1998
WHC claims that it hired Valenzuela because he was more qualified than Aka. … s 12111(9)(B) (1994), is clearly within the scope of our order granting en banc review.
Cited 0 timesPublishedNational Treasury Employees Union v. Reagan
663 F.2d 239 · Court of Appeals for the D.C. Circuit · Aug 11, 1981
United States, 614 F.2d 263, 266 (Ct.Cl.1980) (“all three tests of this statutory definition” must be met for one to qualify as a federal employee). … First, this argument was advanced clearly only upon appeal. Second, subsequent developments such as congressional action may have mooted certain facets of this contention.
Cited 38 timesPublishedCourt of Appeals for the D.C. Circuit · Jul 17, 1998
In addition to establishing stricter capital require- ments for thrifts, FIRREA also consolidated many of the powers and duties of two prior regulatory bodies in a newly- created entity, the Office of Thrift Supervision … The Court concluded that Congress spoke "clearly and directly" when it enacted section 1818(i). Id. at 44.
Cited 0 timesPublishedUnited States Information Agency v. Jan Krc
905 F.2d 389 · Court of Appeals for the D.C. Circuit · Jun 5, 1990
. § 4010(a)(2)(B) — the member is entitled to a “hearing before the Foreign Service Grievance Board and the cause for separation established at such hearing....” Id. … Congress clearly has the authority to provide for substantive review of security clearance determinations, Department of the Navy v.
Cited 51 timesPublishedMax I. Chastain v. Clarence M. Kelley, Director, Federal Bureau of Investigation
510 F.2d 1232 · Court of Appeals for the D.C. Circuit · Apr 2, 1975
Should that lapse on his part be wiped from the Bureau’s records, it may be at the expense of other agents whose records better qualify them for promotion or other preferment. … Since it clearly effects no repeal of other provisions, this general statutory command must be reconciled with other statutory requirements, and must bow to them when they are more specific, as of course it must bow to the
Cited 77 timesPublished600 F.2d 930 · Court of Appeals for the D.C. Circuit · May 31, 1979
When confronted with obvious insubordination, and to prevent a defense of condonement, it is essential that the employer act promptly. 23 The ALJ held "the fact of the loss was clearly established at trial." … Great Dane, however, involved a § 8(a)(3) case in which the employer's discrimination against striking employees had been established; the employer then bore the burden of establishing that he was motivated by legitimate
Cited 2 timesPublishedLoper Bright Enterprises, Inc v. Gina Raimondo
45 F.4th 359 · Court of Appeals for the D.C. Circuit · Aug 12, 2022
On appeal, appellants’ challenge to the Final Rule presents the question how clearly Congress must state an agency’s authority to adopt a course of action. … Although 9 monitoring might qualify as “data collection and analysis,” this provision does not speak directly to this point, nor does it say anything about who may fund observers.
Cited 13 timesPublishedIn re Madison Guaranty Savings & Loan
438 F.3d 1220 · Court of Appeals for the D.C. Circuit · Mar 3, 2006
The petitioner “bears the burden of establishing all elements of [her] entitlement.” *1223 In re North (Reagan Fee Application), 94 F.3d 685, 690 (D.C.Cir., Spec.Div., 1996) (per curiam). … Citing In re Nofziger, 925 F.2d 428 (D.C.Cir., Spec.Div., 1991), she argues that she therefore qualifies under the “but for” requirement because “as a high public official, [she] was investigated in a circumstance where a
Cited 0 timesPublished
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