Case law

Foodservice and Lodging Institute, Inc. v. William J. Usery, Secretary of Labor, U.S. Department of Labor

549 F.2d 829 · Court of Appeals for the D.C. Circuit · Feb 16, 1977

qualifying as a restaurant. … off the premises could still qualify as a restaurant.

Anna Allen v. National Labor Relations Board, Yellow Freight System, Intervenor

561 F.2d 976 · Court of Appeals for the D.C. Circuit · Sep 1, 1977

The Board’s orders, therefore, are neither open to de novo redetermination nor immune from all review. We have examined the facts in this case with the nature and scope of our function firmly in mind. … Indeed, we find that not only the statements made by Cowles and McClure, but also the context in which they were made — the factor on which the Board relied so heavily— clearly point to anti-union sentiment as a principal

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.

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.

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

Mead Data Central, Inc. v. United States Department of the Air Force

566 F.2d 242 · Court of Appeals for the D.C. Circuit · Nov 28, 1977

In order to show that the district court’s decision was incorrect as a substantive matter, Mead must establish that it was either based on an error of law or a factual predicate which is clearly erroneous. . … On the current record it does not qualify for exemption, and, if segregable, it must be disclosed. . See Hawkes v. IRS, 507 F.2d 481, 484 (6th Cir. 1974). . See Westinghouse Elec. Corp. v.

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”).

Richard J. Orloski v. Federal Election Commission

795 F.2d 156 · Court of Appeals for the D.C. Circuit · Jul 11, 1986

He also stated that the Senior Citizens Advisory Committee was one of several issue-oriented, non-political, nonpartisan advisory groups established by Ritter several years before. … Clearly, the FEC’s interpretation is one of the most favorable to corporations and incumbents that the agency could have adopted.

United States v. Barker

514 F.2d 208 · Court of Appeals for the D.C. Circuit · Feb 25, 1975

United States, supra, counsel was clearly ineffective when the plea was entered; in Gearhart v. … Had the Government known that appellants intended to revoke their pleas, it would very likely have abstained from securing their immunization, for the trial of pre-immunized defendants is obviously, and quite properly, a

Action Alliance of Senior Citizens of Greater Philadelphia v. Louis W. Sullivan

930 F.2d 77 · Court of Appeals for the D.C. Circuit · Apr 16, 1991

We here consider whether a regulation vetoed by OMB qualifies as an information collection request, in light of Dole v. … HHS clearly believed that the self-evaluations, taken alone, would aid in redressing the problems of age discrimination.

United States v. Rufus Brown

461 F.2d 134 · Court of Appeals for the D.C. Circuit · Mar 1, 1972

And it is entirely unclear to me why the presence of counsel at the earlier lineup —which, by hypothesis, failed to yield a positive identification — is thought to immunize the defendant from prejudice at the second identification … I can see no justification for expanding the anomalous exception created by Brown, or for launching a further assault on the integrity of the principles established in Ash. . See United States v.

Verna Z. Shafer v. Children's Hospital Society of Los Angeles, California

265 F.2d 107 · Court of Appeals for the D.C. Circuit · Feb 26, 1959

But in construing pleadings, the words “residence” and “domicile” are confined to their strict legal meanings and are clearly differentiated. … There was no need to qualify the dismissal by adding that it was without prejudice; for, without such qualification, Mrs.

Carr v. Washington & Old Dominion Railway

44 App. D.C. 533 · Court of Appeals for the D.C. Circuit · Mar 6, 1916

establishing it;- and the boundary might be so established (and properly established for the purposes which the other body would have in mind) as utterly to defeat the will and purpose of the legislature. … not as they might he established at any later time.

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.

Loma Linda-Inland Consortium for Healthcare Educ. v. NLRB

Court of Appeals for the D.C. Circuit · May 25, 2023

Neither argument succeeds at this time. 1 With respect to Leedom’s first prong, Loma Linda Health fails to establish that the current proceeding clearly violates a specific … We have emphasized the Board must dismiss cases where it clearly lacks jurisdiction. See Carroll College, Inc. v. NLRB, 558 F.3d 568, 574 (D.C.

An opinion was released in case 22-3042, USA v. Couy Griffin

Court of Appeals for the D.C. Circuit · Oct 22, 2024

Even an instruction from someone clearly identifiable as a Secret Service agent not to cross the perimeter would not suffice under Griffin’s reading of the statute to ensure a potential intruder “knows” a protectee is present … Here, inserted after a largely redundant noun phrase and before several limiting prepositional phrases, the em-dash clearly serves to connect. Moreover, the ensuing prepositional phrases impose significant limits.

Donahue v. Far Eastern Air Transport Corp.

652 F.2d 1032 · Court of Appeals for the D.C. Circuit · Apr 22, 1981

Nonetheless, the district court reasoned that the activity had gone far enough to qualify California as a permissible forum for adjudication of the claims in suit. … A.T. carried out its plan to establish the cargo operation.

Carter v. Cleland

643 F.2d 1 · Court of Appeals for the D.C. Circuit · Oct 17, 1980

Benefits were denied on the ground that the widows did not qualify as "surviving spouses" under 38 U.S.C. § 101 (3) (1976). 2 The Administrator reasoned that the births of children by other men indicated that appellants intended … See Decision of the Board of Veterans' Appeals, Attachment A to Defendant's Memorandum in Opposition to Plaintiffs' Motion for Partial Summary Judgment, filed Dec. 22, 1978 (condonation not proven although spouse established

United States v. Renford George Smith

27 F.3d 649 · Court of Appeals for the D.C. Circuit · Jul 8, 1994

Not only does the Commission appear reasonably to understand “mitigating circumstances” to include matters unconnected to blameworthiness, it has imposed very few categorical limits on what may qualify. … It is hard to believe that a factor relevant to establishment of a guidelines sentence is not either a mitigating or aggravating circumstance.

Ayuda, Inc. v. Richard Thornburgh, Individually, and as Attorney General of the United States, (Two Cases) Ayuda, Inc. v. Richard Thornburgh

948 F.2d 742 · Court of Appeals for the D.C. Circuit · Nov 5, 1991

have determined that the individual plaintiffs, singularly or in groups, could not sue in district court to raise a legal question that could be resolved in the courts of appeals, but that organizations such as Ay-uda — “qualified … And the courts of appeals are clearly able to afford plaintiffs whatever relief — legal or equitable — their claims merit.