Case law

Mayeske v. International Ass'n of Fire Fighters

905 F.2d 1548 · Court of Appeals for the D.C. Circuit · Jun 8, 1990

Gannon to Ted Kastelic at 1 (July 9, 1985) (“I want it clearly understood that Betty Jo Mayeske’s salary shall not exceed the salary of the other IAFF Department Directors____”), J.A. at A407; Memorandum from John A. … (C) The plan meets the requirements of paragraph (2)[, which establishes an "average benefit percentage test”]. 26 U.S.C. § 410 (b)(1) (amended 1986). .

People Against Nuclear Energy v. United States Nuclear Regulatory Commission

678 F.2d 222 · Court of Appeals for the D.C. Circuit · May 14, 1982

these hazards is “clearly a governmental function.” … If the Commission is not currently equipped to assess psychological health effects, it must add qualified experts to its staff to fulfill its statutory duties.

Professional Pilots Federation v. Federal Aviation Administration

118 F.3d 758 · Court of Appeals for the D.C. Circuit · Nov 5, 1997

. § 794 (a) (providing that no qualified person shall be discriminated against for a disability “under any program or activity conducted by any Executive agency”); see also Buck v. U.S. … The Congress clearly left the FAA free to regulate corporate aircraft operations at less than the “highest possible degree of safety.”

Thomas B. Roelofs v. Secretary of the Air Force

628 F.2d 594 · Court of Appeals for the D.C. Circuit · Feb 6, 1980

What the regulation establishes, through the technique of presumption is an assignment of a burden. … from its scope actions of courts martial and military commissions, 22 there is no question that the DRB’s and BCMR’s involved here are neither courts marital nor military commissions, 23 and the APA’s legislative history clearly

Ronda L. Davis v. DC

Court of Appeals for the D.C. Circuit · Sep 4, 2026

We need not wade into this debate because the Supreme Court decisions prior to Wards Cove clearly articulate the scope of business necessity, and we follow those decisions as required by the 1991 Act. … The plaintiffs fail to establish a genuine dispute of material fact sufficient to survive summary judgment.

United States Department Of The Treasury v. Federal Labor Relations Authority

43 F.3d 682 · Court of Appeals for the D.C. Circuit · Mar 1, 1995

The Customs Service relies primarily on two rather unpersuasive arguments to establish our subject matter jurisdiction. … Can it be that the FLRA's interpretation of any "law"--including the Constitution, judicial decisions, or any statute--is immune from judicial review?

Delta Air Lines, Inc. v. Civil Aeronautics Board

275 F.2d 632 · Court of Appeals for the D.C. Circuit · Dec 10, 1959

The Board recited that there is no mutual exclusivity, but the quotations hardly qualify as “findings”. They are not based on evidence, and they are not consequent to a hearing on the issue of exclusivity. … Quite clearly the route sought by Eastern from St. Louis westward was not within the area of the case. Also quite clearly its route Boston-New York-West Coast via St.

Hudson v. Federal Aviation Administration

192 F.3d 1031 · Court of Appeals for the D.C. Circuit · Oct 8, 1999

The administrator of the FAA is responsible for prescribing the minimum standards required in the interest of safety for the design of aircraft, and may establish tests to ensure compliance with the standards. … Whether this test is met requires a factual determination by the FAA, and clearly, as methods of analysis and other considerations develop over time, the FAA's response to the test can also.

American Financial Services Ass'n v. Federal Trade Commission

767 F.2d 957 · Court of Appeals for the D.C. Circuit · Jul 12, 1985

Hence the Commission clearly met its first criterion of establishing substantial consumer injury. 2. … as personal property brokers under state law or to qualify for higher interest rates.

Roger Pilon v. United States Department of Justice

73 F.3d 1111 · Court of Appeals for the D.C. Circuit · Jan 16, 1996

She needed the summary to establish in court that her ex-husband was in arrears in furnishing child support. Mr. … Release would then, it seems to us, clearly constitute a disclosure under any reasonable definition of that term.

New York Stock Exchange, Inc. And Investment Company Institute v. Robert Bloom, Acting Comptroller of the Currency

562 F.2d 736 · Court of Appeals for the D.C. Circuit · Aug 31, 1977

banks to purchase stocks only for pre-existing customers as a non-profit courtesy service; AIS — which they characterized as a profit-oriented activity utilizing extensive advertising to attract new customers to the bank — clearly … , but under the standards set forth in recent Supreme Court decisions we would suppose, first, that an implied right of action for injunctive relief would exist for appropriate parties and, second, that appellants would qualify

Herbert E. Dickson v. Office of Personnel Management

828 F.2d 32 · Court of Appeals for the D.C. Circuit · Sep 4, 1987

By its terms, section (g)(1)(C) carves out no special exception or waiver selectively immunizing agencies from civil actions. … Rather, in a straightforward manner, the Act establishes a predicate condition that records be maintained with requisite fairness.

Knutson v. Gallsworthy

164 F.2d 497 · Court of Appeals for the D.C. Circuit · Sep 15, 1947

The issue must be clearly defined and be patentable to the respective parties, subject to the determination of *506 the question of priority.” … The Board of Appeals considered at some length the nature of the tests necessary to establish a reduction to practice of a lubricant.

Alliance for Community Media Alliance for Communications Democracy People for the American Way v. Federal Communications Commission United States of America, New York Citizens Committee for Responsible Media Media Access New York Brooklyn Producers' Group David Channon National Cable Television Association, Inc., Intervenors. Denver Area Educational Telecommunications Consortium, Inc. American Civil Liberties Union v. Federal Communications Commission United States of America, New York Citizens Committee for Responsible Media Media Access New York Brooklyn Producers' Group David Channon National Cable Television Association, Inc., Intervenors. Alliance for Community Media Alliance for Communications Democracy People for the American Way v. Federal Communications Commission United States of America, New York Citizens Committee for Responsible Media Media Access New York Brooklyn Producers' Group David Channon National Cable Television Association, Inc., Intervenors. American Civil Liberties Union v. Federal Communications Commission United States of America, New York Citizens Committee for Responsible Media Media Access New York Brooklyn Producers' Group David Channon National Cable Television Association, Inc., Intervenors

56 F.3d 105 · Court of Appeals for the D.C. Circuit · Jun 6, 1995

And it is a burden they have not sustained. 35 Petitioners' third way of establishing state action relies on section 10(d) of the 1992 Act, the provision removing the civil and criminal immunity of cable operators for obscene … Indecent leased access programming thus hardly qualifies as an "invited guest," see Judge Wald, dissenting, at 139.

Leonard I. Schreiber v. Society for Savings Bancorp, Inc., Elliot Miller, Albert E. Fiacre, Jr., and Lynne Michaels v. The Board of Governors of the Federal Reserve System, Leonard I. Schreiber v. Society for Savings Bancorp, Inc., Elliot Miller, Albert E. Fiacre, Jr., and Lynne Michaels v. Federal Deposit Insurance Corporation

11 F.3d 217 · Court of Appeals for the D.C. Circuit · Dec 28, 1993

If the factual and privileged material are inextricably intertwined, then the court must determine whether the privilege, which is qualified, should be overridden for good cause and the documents produced. … necessary insofar as Schreiber seeks only the factual portions of certain documents, such as "all factual matter reported on or recorded by" bank examiners in interview notes and memoranda; the bank examination privilege clearly

Jonathan Corbett v. TSA

19 F.4th 478 · Court of Appeals for the D.C. Circuit · Dec 10, 2021

Corbett clearly does. As we explained in Bonacci v. TSA, 909 F.3d 1155 (D.C. … To the extent there is any difference in the words, TSA has established that COVID-19 qualifies as a threat to both safety and security.

United States v. James Bernett, Also Known as James Barnett

495 F.2d 943 · Court of Appeals for the D.C. Circuit · Mar 20, 1974

“The ultimate test” of admissibility of confessions, said Justice Frankfurter, “remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness.” 36 … Georgia 105 the Supreme Court established guidelines for courts confronted by the complexities of a voluntariness determination.

James v. International Painters & Allied Trades Industry Pension Plan

844 F. Supp. 2d 131 · Court of Appeals for the D.C. Circuit · Feb 24, 2012

First, the plaintiff was not an “Employee” within the meaning of the 1993 Plan, which is a necessary component of qualifying as an “Active Employee.” … Because the Court agrees that the 1973 Pension Record does not appear to be “clearly erroneous,” id, it cannot fault the defendants for relying upon it. 3.

LaFontant v. Immigration & Naturalization Service

135 F.3d 158 · Court of Appeals for the D.C. Circuit · Feb 10, 1998

The Supreme Court established the framework for evaluat- ing retroactivity in Landgraf v. USI Film Prods., 511 U.S. 244 (1994). … As these cases illustrate, the Supreme Court has clearly established the principle that in determining retroactivity, jurisdictional statutes are to be evaluated in the same manner as any other statute.

Petworth Holdings, LLC v. Bowser

308 F. Supp. 3d 347 · Court of Appeals for the D.C. Circuit · Apr 20, 2018

Even if this subsection controlled, instead of (b) quoted above, Plaintiffs still qualify as "owners" under the Code. … While Plaintiffs have clearly been adversely affected by the Act, they have not alleged any quantifiable economic harm.