Case law

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.

United States v. Marquete Murray

897 F.3d 298 · Court of Appeals for the D.C. Circuit · Jul 31, 2018

But the question before us is what the parties clearly agreed to, not what they should have agreed to in order to effectuate their unspoken understanding. … But that reservation was more qualified than the government acknowledges.

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

Council Of North Atlantic Shipping Associations v. Federal Maritime Commission

672 F.2d 171 · Court of Appeals for the D.C. Circuit · Mar 2, 1982

Section 15 requires regulated parties, including steamship carriers, to submit certain categories of agreements to the FMC for review and approval prior to implementation; FMC approval confers immunity from antitrust liability … 107 Second, a labor agreement which is exempt from the antitrust laws because of its indirect impact on the commercial market might not raise Section 15 issues and would not benefit from the FMC's power to grant antitrust immunity

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.

In Re: Bruce Lindsey

148 F.3d 1100 · Court of Appeals for the D.C. Circuit · Oct 16, 1998

The court also ruled the President's personal attorney-client privilege and work prod- uct immunity inapplicable to Lindsey's testimony. … See 18 U.S.C. s 3282 (establish- ing five-year statute of limitations for non-capital federal crimes).

Director, Office of Workers' Compensation Programs v. Brandt Airflex Corp.

645 F.2d 1053 · Court of Appeals for the D.C. Circuit · Feb 26, 1981

The evidence in this case clearly indicates that Delinski’s ill health would have been immediately apparent to any employer who chose to take notice of it. … However, due to an ulcer problem which kept Delinski from doing sheet metal work in 1964 and 1965, he lacked sufficient consecutive calendar quarters of work to qualify for a pension from the Sheet Metal Workers Union Health

Advanced Micro Devices, Data General Corporation, Electronic Memories & Magnetics Corporation, Hewlett-Packard Co., Intel Corporation, Mostek Corporation, National Semiconductor Corporation, Rca Corporation, Rockwell International and Signetics Corporation v. Civil Aeronautics Board, Flying Tiger Line, Inc., Intervenor. Advanced Micro Devices, Data General Corporation, Electronic Memories & Magnetics Corporation, Hewlett-Packard Co., Intel Corporation, Mostek Corporation, National Semiconductor Corporation, Rca Corporation, Rockwell International and Signetics Corporation v. Civil Aeronautics Board, Flying Tiger Line, Inc., Intervenor

742 F.2d 1520 · Court of Appeals for the D.C. Circuit · Sep 7, 1984

V 1981)). 4 In the late 1970's Congress quite clearly reduced CAB control over domestic and international passenger service and over domestic cargo service. … No maximum increase for container GCR's was established.

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.

Role Models Amer Inc v. White, Thomas

353 F.3d 962 · Court of Appeals for the D.C. Circuit · Jan 13, 2004

We rejected the EPA’s argument that because the agency reis- sued the same rule after proper notice and comment, the EDF did not qualify as a prevailing party. … Insisting that Role Models’s request is ‘‘clearly unreasonable,’’ the government urges us to reduce it ‘‘drastically.’’ Appellees’ Opp’n to Appellant’s Application for Att’ys’ Fees and Costs at 12.

Civic Telecasting Corporation v. Federal Communications Commission

523 F.2d 1185 · Court of Appeals for the D.C. Circuit · Nov 28, 1975

and meets the following requirements: (1) There is not pending a mutually exclusive application filed in accordance with paragraph (b) of this section; (2) The applicant is legally, technically, financially, and otherwise qualified … ; (3) The applicant is not in violation of provisions of law or this chapter or established policies of the Commission; and (4) A grant of the application would otherwise serve the public interest, convenience, and necessity

Distrigas Corporation v. Federal Power Commission, Pacific Lighting Service Company, Intervenors

495 F.2d 1057 · Court of Appeals for the D.C. Circuit · Apr 5, 1974

We agree with the Commission that neither the language nor the legislative history of the Act’s interstate commerce definition unambiguously establishes the correctness of the Border construction. … If Distrigas relied on an interpretation of Opinion 613 to the contrary, assuming that that decision granted it permanent immunity from regulation, its reliance was misplaced.

Raymond F. Kravis Center for the Performing Arts, Inc. v. National Labor Relations Board

550 F.3d 1183 · Court of Appeals for the D.C. Circuit · Dec 30, 2008

In both contracts, Article I’s jurisdiction clause and Article II clearly  7 provided that Kravis would exclusively use Local 623 referrals as stagehand workers at Dreyfoos Hall. … Article II provided that the Kravis Center “agrees that the work described in ARTICLE I above shall be performed by qualified workers referred by the Union.”

Nat'l Sec. Counselors v. Cent. Intelligence Agency

320 F. Supp. 3d 200 · Court of Appeals for the D.C. Circuit · Aug 20, 2018

The plaintiffs also argue that the supplemental search was inadequate because the plaintiffs "identified at least six offices which were clearly in the [Director's] Area at the time of this request, yet do not appear to have … Two conditions must be met for a record to qualify for this exemption: (1) "its source must be a Government agency," and (2) "it must fall within the ambit of a privilege against discovery under judicial standards that would

Lead Industries Ass'n v. Environmental Protection Agency

647 F.2d 1130 · Court of Appeals for the D.C. Circuit · Jun 27, 1980

But LIA would *25 require a further showing — that the effects on which the standards were based are clearly harmful or clearly adverse. … First, this statement does not suggest, as does LIA, that “adverse effects” only encompasses effects that are clearly adverse or clearly harmful.

Lazaro Alonso-Martinez v. Doris Meissner, Acting Commissioner, U.S. Department of Justice, Immigration and Naturalization Service

697 F.2d 1160 · Court of Appeals for the D.C. Circuit · Jan 21, 1983

On March 23, 1982, the Public Health Service reported that Moret qualified for a Class C (minor affliction not likely to affect earning ability) certificate. … On July 22, 1981, the Attorney General established a Review Plan for all “Freedom Flotilla” Cubans detained in Bureau of Prison facilities. See Supp.Br. at A1-A7 (reflecting November 1981 revisions). See also Palma v.

Edison Electric Institute v. Interstate Commerce Commission

969 F.2d 1221 · Court of Appeals for the D.C. Circuit · Jul 24, 1992

A rate set at or below the “adjusted base rate” is likewise immune from challenge. Id. § 10707a. … In establishing the system of challenge-free, inflation-adjusted base rates, the Staggers Act neither prescribes nor caps railroad rates.

Frontier Broadcasting Company v. United States of America, Federal Communications Commission, Western Nebraska Television, Inc., Intervenor. Frontier Broadcasting Company v. Federal Communications Commission, Western Nebraska Television, Inc., Intervenor

265 F.2d 353 · Court of Appeals for the D.C. Circuit · Mar 12, 1959

Although petitioner undoubtedly has alleged sufficient facts to show that it is a party in interest in the proceeding, within the meaning of this section, as interpreted by The Elm City case, it has not established sufficient … , despite its loss, he would remain a party to the proceeding. 15 The Commission had been seasonably informed that economic injury constituted a second and continuing basis for Frontier's interest which, standing alone, clearly

Alpine Securities Corporation v. Financial Industry Regulatory Authority, Inc.

121 F.4th 1314 · Court of Appeals for the D.C. Circuit · Nov 22, 2024

A business’s “destruction in its current form” commonly qualifies as irreparable harm. Washington Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. … June 3, 2022) (granting FINRA immunity from suit because it was acting “under its delegated authority”); FINRA’s Motion to Dismiss at 4, Empire Financial Group, Inc. v.

Stella Pappas v. Federal Communications Commission, an Agency of the United States of America, and the United States of America, Microband Corporation of America, Intervenor. Stella Pappas v. Federal Communications Commission and the United States of America

807 F.2d 1019 · Court of Appeals for the D.C. Circuit · Dec 19, 1986

This problem, a recurring one, led Congress to authorize the Commission, at its discretion, to grant licenses or construction permits to qualified applicants by conducting a lottery instead of initial comparative hearings … Clearly, Congress did not expressly include women in the statutory definition of "minority group," as that term is used in 47 U.S.C. Sec. 309 (i)(3)(C)(ii). Petitioner concedes as much.