Case law

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).

Dist. No. 1 v. Liberty Mar. Corp.

330 F. Supp. 3d 451 · Court of Appeals for the D.C. Circuit · Sep 14, 2018

Mary Hosp. , 530 F.3d 255 , 259 (3d Cir. 2008) ("[Rule 12(c) ] [j]udgment will only be granted where the moving party clearly establishes there are no material issues of fact, and that he or she is entitled to judgment as … Karaganis , 811 F.2d 357 , 358 (7th Cir. 1987) ("A motion for judgment on the pleadings may be granted only if the moving party clearly establishes that no material issue of fact remains to be resolved and that he or she

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.

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.

Liljeberg v. Comm'r of Internal Revenue

907 F.3d 623 · Court of Appeals for the D.C. Circuit · Nov 2, 2018

Tax deductions are strictly construed because they are “a matter of legislative grace”; “the burden of clearly showing the right to the claimed deduction is on the taxpayer.” INDOPCO, Inc. v. … To qualify for this deduction, a taxpayer must show that the expenses are (1) “ordinary and necessary,” (2) incurred while the taxpayer was “away from home,” and (3) incurred “in the pursuit of a trade or business.”

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.

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

Center for Auto Safety v. Peck

751 F.2d 1336 · Court of Appeals for the D.C. Circuit · Jan 8, 1985

Even if the alleged deficiencies were clearly established, we would have some difficulty in believing that they are of such significance as to render the product before us capricious. … Of course, far from being overlooked, this consideration clearly underlies the agency’s reasoning.

James Angus McDonald Appellees/cross-Appellants v. Robert Washington, ph.d., United States of America, Appellants/cross-Appellees. Alma Streicher, Appellees/cross-Appellants v. Robert Washington, ph.d., United States of America, Appellants/cross-Appellees. Alma Streicher, Appellants/cross-Appellees v. Robert Washington, ph.d., United States of America, Appellees/cross-Appellants. James Angus McDonald Appellants/cross-Appellees v. Robert Washington, ph.d., United States of America, Appellees/cross-Appellants

15 F.3d 1126 · Court of Appeals for the D.C. Circuit · Feb 15, 1994

Texas, 441 U.S. 418 , 99 S.Ct. 1804 , 60 L.Ed.2d 323 (1979), clearly more demanding than the one under which pre-1973 plaintiffs had been committed. … In fact, courts have allowed parties to point to events outside of the litigation to establish that they prevailed.

Mehrbach v. Citibank, N.A.

316 F. Supp. 3d 264 · Court of Appeals for the D.C. Circuit · Jul 11, 2018

Hooper , 498 So.2d 923 (Fla. 1986), solidified these exceptions and further qualified a bank's duty, allowing for additional, case specific "special circumstances" in which a bank may disclose customers' confidential financial … Tucker , 670 So.2d 56 , 58 (Fla. 1996) ("The language of th[e] constitutional provision clearly provides that it applies only to government action.").

ExxonMobil Oil Corp v. FERC

Court of Appeals for the D.C. Circuit · May 29, 2007

The Commission determined that “termination of the allowance would clearly act as a disincentive for the use of the partnership format,” because it would lower the returns of partnerships vis- a-vis corporations, and because … The question before us is whether we should therefore consider the August 2000 rates minus potential refunds to be FERC-prescribed and thus immune to reparation claims.

Alberta E. Burns, on Behalf of Herself and All Others Similarly Situated v. United States Railroad Retirement Board

701 F.2d 193 · Court of Appeals for the D.C. Circuit · Feb 25, 1983

As such, the provisions of the two statutes must be read in pari materia to effectuate this clearly articulated purpose. … The second offset for the dual beneficiary ameliorates the disparity in benefits received by similarly situated surviving spouses ... most of whom qualify for only one benefit.” At 198.

Attorney General of the United States of America v. The Irish People, Inc.

684 F.2d 928 · Court of Appeals for the D.C. Circuit · Jul 2, 1982

linkage between the defendant, INAC, and the IRA, 77 clearly the statutory objectives are consonant with the registration of the defendant. c. … To the contrary, a careful reading of these cases shows no deviation from the established two-step test of establishing selection and then the motive for selection.

Depu v. Yahoo! Inc.

306 F. Supp. 3d 181 · Court of Appeals for the D.C. Circuit · Mar 30, 2018

."); Duggan , 554 A.2d at 1136 (intent must be "clearly manifested" by the settlor). Plaintiffs have acknowledged that Yahoo has never publicly or privately referred *189 to the YHRF as a trust. 4 See Pls.' Opp'n at 2. … Moreover, the court found that the class was "limited" because the "number of applications from the group of beneficiaries ... ha[d] decreased significantly" and the home had difficulty finding qualifying individuals.

City of Idaho Falls v. Federal Energy Regulatory Commission

629 F.3d 222 · Court of Appeals for the D.C. Circuit · Jan 4, 2011

Notwithstanding these purported procedural failings, FERC addressed the merits and concluded that no notice and comment was required prior to the 2009 Update because the update did not qualify as a legislative rule. … Whatever ambiguity may exist in Order No. 469 and Regulation 11.2, FERC clearly decided against using the Department of Agriculture land value index.

Judith Pietersen v. DOS

138 F.4th 552 · Court of Appeals for the D.C. Circuit · May 30, 2025

Accordingly, Appellants clearly have standing to challenge the Manual’s guidance as contrary to law. C. … some grounds, different express standards to establish others, and no specification as to some grounds.

Tavoulareas v. Piro

817 F.2d 762 · Court of Appeals for the D.C. Circuit · Mar 13, 1987

After setting forth these illustrative examples, the Court held that the evidence before it, by comparison, was clearly inadequate. St. … Upon closer examination, the Peterson memorandum does not qualify as such a showing and thus fails to constitute acceptable evidence of actual malice.

Shelton v. United States Board of Parole

388 F.2d 567 · Court of Appeals for the D.C. Circuit · Nov 1, 1967

Yet, we are not prepared to hold that failure to afford a procedure whereby the violator may seek a favorable disposition, or an outright refusal to consider proffered evidence in mitigation, is immune from judicial overview … The grounds for this claim are not clearly reflected in the record, and we do not decide whether or under what circumstances a violator might claim sufficient prejudice from a delayed disposi-tional hearing to warrant relief

United States v. Antone R. White, A/K/A Tone

116 F.3d 903 · Court of Appeals for the D.C. Circuit · Jun 27, 1997

Hughes’s co-counsel also established that Barr had lied to the judge in the armed robbery case, had lied to a probation officer during a presentence interview, and had been promised use immunity in exchange for his testimony … Leshuk, 65 F.3d 1105, 1112 (4th Cir.1995) (concluding intrastate activities regulated by Drug Act “are clearly tied to interstate commerce”).