Case law

American Security Bank, N. A. v. John Y. Harrison Realty, Inc., and Walter T. Charlton

670 F.2d 317 · Court of Appeals for the D.C. Circuit · Jan 12, 1982

Were this correct, the 30-day period would run from September 22, and Harrison’s October 22 notice of appeal would clearly be timely. 3 Harrison suggests that its September 4 motion qualifies under two separate portions of … This argument cannot succeed, however, because it runs directly contrary to the established law of this circuit. In Partridge v.

Salazar 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.

Maria H. Tijerina v. Honorable Harry N. Walters, Administrator of Veterans' Affairs Lorenzo Wilson Tijerina v. Honorable Harry N. Walters, Administrator of Veterans' Affairs

821 F.2d 789 · Court of Appeals for the D.C. Circuit · Jun 30, 1987

It is a derivative provision directed not towards agencies but towards courts and aggrieved individuals: the subsection provides a grant of jurisdiction and a waiver of sovereign immunity for suits alleging certain violations … The only material appellants have not received is the VA's litigation report about the instant case, which is clearly exempt under FOIA.

Saul MacKlin v. Spector Freight Systems, Inc. Saul MacKlin v. Drivers, Chauffeurs and Helpers, Local Union No. 639

478 F.2d 979 · Court of Appeals for the D.C. Circuit · May 9, 1973

No such terminal has been established. This fact becomes important for the following reasons. … In their initial complaint in the District Court appellants purported to represent a class of blacks qualified to serve as over-the-road drivers on motor carriers engaged in interstate commerce.

United States v. Henry Williams

827 F.3d 1134 · Court of Appeals for the D.C. Circuit · Jul 8, 2016

Third, they argue that the information the Government did disclose was insufficient to establish the necessity of the wiretaps. … Nor could the prosecution’s questions alone necessarily establish the bases for Agent Bevington’s lay opinion.

Lodge 1858, American Federation of Government Employees v. Webb

580 F.2d 496 · Court of Appeals for the D.C. Circuit · Mar 20, 1978

The RIF procedure 2 requires that employees be laid off only if they cannot be placed in alternative available positions for which they are qualified at Marshall. … The exception was intended to enable NASA to recruit qualified scientists, engineers, and other personnel on a prompt basis without regard to civil service limitations. 12 Subsection (b)(5) specifically concerns support -

Jordan v. Group Health Ass'n

107 F.2d 239 · Court of Appeals for the D.C. Circuit · Sep 11, 1939

Hospitalization is by arrangement with established independent hospitals, for a maximum of twenty-one days for any one illness. … It does not fit neatly into established categories of “agency”, “guaranty”, “insurance”, “indemnity” and the like.

United States v. Lewis C. Ecker, II

543 F.2d 178 · Court of Appeals for the D.C. Circuit · Jan 17, 1977

Certainty reigns at each end of the spectrum with Tribby and Covington firmly establishing the scope of review for medical judgments affecting only the internal administration of the hospital and Dixon establishing the standard … [T]he opinion of a qualified psychologist [or psychiatrist] is competent and admissible, Jenkins v. United States, 113 U.S.App.D.C. 300 , 307 F.2d 637 (1962) (en banc).

At&T Corp. v. Federal Communications Commission

369 F.3d 554 · Court of Appeals for the D.C. Circuit · Jun 1, 2004

The BOC is prohibited from discriminating in favor of its separate affiliate in the procure- ment of goods, services, facilities, and information, or in the establishment of standards. 47 U.S.C. § 272(c)(1). … There is no such qualifying language in § 272(f)(1). The absence of such language supports the Commission’s position that the § 272 safeguards sunset by operation of law. B.

National Mining Assn v. US Army Corps Eng

Court of Appeals for the D.C. Circuit · Jun 19, 1998

Any such lacuna--as the agencies would clearly perceive it--would of course be simply a function of Congress's decisions. … This leaves at most some marginal cases that might fall outside the scope of pre-Tulloch regulation but would still qualify as additions under the Act.

Hutchins v. District of Columbia

188 F.3d 531 · Court of Appeals for the D.C. Circuit · May 22, 1998

Roe, — U.S. -, 119 S.Ct. 1518 , 143 L.Ed.2d 689 (grounding at least one component of the right to interstate travel in the Privileges and Immunities Clause of the Fourteenth Amendment); United States v. … See Schleifer, 159 F.3d at 847 (applying intermediate scrutiny, reasoning that the “qualified rights” of juveniles should be subject to something more than rational basis and something less than strict scrutiny review).

Mtl Omaha Ins Co v. Natl Assn Govt Empl

Court of Appeals for the D.C. Circuit · Jun 23, 1998

The Office maintains a "contingency reserve fund" comprised of three percent of the plan's total contributions for each plan established under the Act. … We thus agree with the Union that the district court's order should be construed as reaching the merits of its claim against OPM--which it clearly lacked jurisdiction to do.

United States v. Espy, Alphonso M.

145 F.3d 1369 · Court of Appeals for the D.C. Circuit · Jun 16, 1998

An entity within the Executive Office does not qualify as an "agency" unless it exercises "substantial independent authority," Soucie v. David, 448 F.2d 1067, 1073-76 (D.C. Cir. 1971); see Kissinger v. … In this case, the court is correct in stating that the language of section 622 clearly applies to a Secretary of Agriculture by virtue of his being an "officer ... of the United States authorized to perform ... duties

George P. Bradley v. United States

433 F.2d 1113 · Court of Appeals for the D.C. Circuit · Nov 5, 1969

Appellant sought by his own testimony and that of three other witnesses to establish an alibi for July 4, but offered no defense at all to the July 13 charge. … United States, 219 F. 1, 8-12 (1st Cir. 1915), holding that an accused simultaneously tried on two indictments, who testified in reference to only one of the charges, did not waive his immunity from unfavorable comment on

Priscilla Belland v. Pension Benefit Guaranty Corporation, a Federal Body

726 F.2d 839 · Court of Appeals for the D.C. Circuit · Feb 3, 1984

The statute clearly accords to PBGC the discretion to use the “other reasonable basis” test so long as the test is consistent with the purposes of section 1461(b). … ERISA established a cut-off date of October 31, 1974 for filing window period claims. 29 U.S.C. § 1461 (b)(4).

Owner-Operator Independent Drivers Ass'n, Inc. v. Pena

996 F.2d 338 · Court of Appeals for the D.C. Circuit · Jun 18, 1993

To qualify for a grant, a state must submit a plan to the Secretary. See 49 U.S.C.App. § 2302(b); 49 C.F.R. §§ 350.11 , 350.13; 49 C.F.R. pt. 350, app. A at 472-73. … It is well-established that "orders" reviewable under the Hobbs Act include the grant of a license or other benefit, see, e.g., Airporter of Colorado, Inc. v.

American Library Ass'n v. Federal Communications Commission

406 F.3d 689 · Court of Appeals for the D.C. Circuit · Mar 15, 2005

As we have noted, the court clearly has the authority to seek information from a party, either before, during, or after oral argument, to clarify standing. … Do any of petitioners’ members qualify as “accredited nonprofit educational institution[s]” under 17 U.S.C. § 110 ?

National Courier Association and Purolator Courier Corp. v. The Board of Governors of the Federal Reserve System, Cameron Financial Corp., and Courier Express Corp., Intervenor. Independent Bankers Association of America, Inc., a Non-Profit Corporation v. The Board of Governors of the Federal Reserve System, Cameron Financial Corp., Intervenors

516 F.2d 1229 · Court of Appeals for the D.C. Circuit · Aug 4, 1975

the private litigants to establish their interest in exposing them to judicial scrutiny. … The omission was clearly not significant, however, since the information is only remotely relevant to this appeal.

National Petrochemical & Refiners Ass'n v. Environmental Protection Agency

630 F.3d 145 · Court of Appeals for the D.C. Circuit · Dec 21, 2010

Likewise they “lacked assurance that RINs they might accumulate prior to the issuance of a final rule would qualify under the RFS2 program.” Id. … effects, EPA has fulfilled its obligation “to consider the relative benefits *165 and burdens,” National Cable, 567 F.3d at 671 , in concluding that applying the RFS2 standard to the entire 2010 calendar year was the course “clearly

Telocator Network of America v. Federal Communications Commission and United States of America

691 F.2d 525 · Court of Appeals for the D.C. Circuit · Oct 5, 1982

We are persuaded, however, that additional entry by qualified applicants should be permitted on these frequencies in this service because the record in this proceeding does not support the conclusion that ruinous competition … available frequencies also supports the conclusion that it would be inappropriate to limit the new frequencies to existing licensees. 27 Telocator promptly and vigorously opposed the Commission’s decision to permit all qualified