Case law

Am. Oversight v. U.S. Gen. Servs. Admin.

311 F. Supp. 3d 327 · Court of Appeals for the D.C. Circuit · May 3, 2018

Landano , 508 U.S. 165 , 171, 113 S.Ct. 2014 , 124 L.Ed.2d 84 (1993) (noting that "[t]he Government bears the burden of establishing that the exemption applies"); Fed. Open Mkt. Comm. of Fed. Reserve Sys. v. … Two conditions must be met for a record to qualify for withholding under 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

MCI Cellular Telephone Co. v. Federal Communications Commission

738 F.2d 1322 · Court of Appeals for the D.C. Circuit · Jun 29, 1984

While AT & T did seek confidentiality for some financial information, 27 AMPS’ financial qualifications are clearly demonstrated by publicly available information. … Gencom contends that the Commission ignored evidence submitted to establish that AMPS’ head start would be anti-competitive.

Gray Panthers v. Richard S. Schweiker, Secretary of the Department of Health and Human Services

652 F.2d 146 · Court of Appeals for the D.C. Circuit · Mar 18, 1981

Congress clearly meant to eliminate the right to a “full fair hearing.” See text at note 13 supra (Senate Finance Committee report). … Medicare pays 100% of the charges in Column 4 for radiology and pathology services from physician while you are a bed patient in a qualified hospital. 5.

Founding Church of Scientology of Washington, D.C., Inc. v. William H. Webster, Director of the Federal Bureau of Investigation of the United States

802 F.2d 1448 · Court of Appeals for the D.C. Circuit · Sep 26, 1986

As noted above, Hubbard’s role as managing agent up to approximately 1982 is well established in the record. … To be sure, had defendants been able to secure the information they sought from a source other than Hubbard, the sanction of dismissal would have been less clearly appropriate. But that condition did not obtain here.

United States v. Glenn I. Wright, United States of America v. Dennis Moss

783 F.2d 1091 · Court of Appeals for the D.C. Circuit · Feb 18, 1986

Evid. 803(3) as evidence of Moss’ state of mind, the testimony was clearly cumulative. Moss testified to numerous other statements made to Mrs. … We find this testimony of marginal relevance and clearly cumulative as well. See Tr. 1461. Moss incurred no prejudice from its exclusion. 5 *1100 C.

Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission

798 F.2d 499 · Court of Appeals for the D.C. Circuit · Aug 15, 1986

Grolier Inc., 462 U.S. 19 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983), the Supreme Court indicated that attorney work-product immunity survives beyond the particular litigation giving rise to it. … Exemption 10, for example, clearly encompasses some such discussions.

United States v. Butler

822 F.2d 1191 · Court of Appeals for the D.C. Circuit · Jul 7, 1987

of the contact was relatively innocuous; it did not provide the juror with any crucial extra-judicial information, and it did not constitute an attempt to bribe or intimidate the juror, which is the kind of contact that clearly … Although some courts have doubted the reliability of juror responses to this kind of question, the Supreme Court *135 has settled that such testimony is not “inherently suspect,” for a juror “ ‘is well qualified to say whether

Association of American Railroads v. United States Department of Transportation

821 F.3d 19 · Court of Appeals for the D.C. Circuit · Apr 29, 2016

Amtrak is clearly dependent on the government in ways other for-profit corporations are not. … See 49 U.S.C. § 1301 (a), (b) (establishing the STB as “an independent establishment” whose board members are “appointed by the President”); Free Enter. Fund v. Public Co.

United States v. Slade

627 F.2d 293 · Court of Appeals for the D.C. Circuit · Mar 4, 1980

Patterson’s testimony clearly established that from early April through April 25, 1977, he had direct personal contact with the two appellants. … Counsel were allowed to establish only that Whaley was at St.

United States v. Microsoft Corp.

165 F.3d 952 · Court of Appeals for the D.C. Circuit · Jan 29, 1999

Clearly, therefore, in the intervening years, there has  been a change not in the denotation of the word "deposition" but in the use to which the thing denoted by that word may be put in the federal courts. … App., p. 715 ("The courts have not given trade secrets automatic and complete immunity against disclosure, but have in each case weighed their claim to privacy against the need for disclosure"); Burka v.

Jane Doe v. United States Department of Justice

753 F.2d 1092 · Court of Appeals for the D.C. Circuit · Mar 1, 1985

Both sets of guidelines cited by the plaintiff establish special procedures for dealing with particular kinds of employee problems and misconduct. … That is clearly wrong.

Cynthia King v. United States Department of Justice

830 F.2d 210 · Court of Appeals for the D.C. Circuit · Sep 28, 1987

"In order to show that the district court’s decision was incorrect as a substantive matter, [the requester] must establish that it was either based on an error of law or a factual predicate which is clearly erroneous.” … Congress’ recent action amending Exemption 7 in no measure qualifies the authority of Pratt .

MCI Cellular Telephone Company v. Federal Communications Commission, Bell Atlantic Mobile Systems of Pittsburgh, Inc., Gencom, Inc., Arts/post D.C. Cellular Systems & Arts/post Maryland Cellular Systems, Gte Mobilnet, Inc., Intervenors. Gencom, Inc. v. Federal Communications Commission, New Vector Communications, Inc., Get Mobilnet, Inc., Intervenors

738 F.2d 1322 · Court of Appeals for the D.C. Circuit · Jun 29, 1984

While AT & T did seek confidentiality for some financial information, 27 AMPS' financial qualifications are clearly demonstrated by publicly available information. … Thus, AMPS satisfied the regulatory requirements based on publicly available information, and the FCC, accordingly, by no means erred in deeming AMPS financially qualified in the Pittsburgh proceeding.

Lucas v. Duncan

574 F.3d 772 · Court of Appeals for the D.C. Circuit · Jul 31, 2009

But Lucas primarily relied on circumstantial evidence, including that he was substantially more qualified than Berry and that she had been preselected before the interviews. … Circumstantial evidence is indirect evidence of a fact which is established or logically inferred from a chain of other facts or circumstances.”

Lowey v. Watt

684 F.2d 957 · Court of Appeals for the D.C. Circuit · Jul 2, 1982

All qualified applicants who have submitted drawing entry cards that comply with Interior Department regulations should have an equal chance to obtain a lease. … Under its service agreement, RSC clearly bore the responsibility of making sure that the applications it prepared on behalf of its clients complied with Interior Department regulations.

National Surety Co. v. Anacostia Finance Corp.

26 F.2d 985 · Court of Appeals for the D.C. Circuit · Jun 4, 1928

After the Arizona charter was procured, it was found that the bank could not qualify to do business under the laws of the District of Columbia. … The rule in such cases is clearly stated in Pennsylvania Railway Co. v. Keokuk Bridge Co., 131 U. S. 371 , 9 S. Ct. 770 , 33 L.

Yam Sang Kwai v. Immigration & Naturalization Service

411 F.2d 683 · Court of Appeals for the D.C. Circuit · Feb 17, 1969

Here petitioner was the best qualified person to know when he re-entered the United States and what his prior history before the Service had been. … The tainted evidence in that case was relied on largely in establishing the first ground for deportation.

Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, and William K. Reilly, Administrator, American Iron and Steel Institute, Rubicon Inc., E.I. Du Pont De Nemours & Company, Inc., Texstor, Institute for Chemical Waste Management, American Petroleum Institute, Intervenors. E.I. Du Pont De Nemours & Company, Inc. v. United States Environmental Protection Agency, and William K. Reilly, Administrator, Natural Resources Defense Council, Inc., Intervenor. Rubicon Inc. v. United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Chemical Manufacturers Association v. United States Environmental Protection Agency, and William K. Reilly, Administrator, Natural Resources Defense Council, Inc., Intervenor. Hazardous Waste Treatment Council v. United States Environmental Protection Agency, Chemical Manufacturers Association, Institute of Chemical Waste Management, Hazardous Waste Treatment Council, E.I. Du Pont De Nemours & Company, Inc., Natural Resources Defense Council, Inc., American Iron and Steel Institute, Intervenors

907 F.2d 1146 · Court of Appeals for the D.C. Circuit · Oct 5, 1990

Thus the procedural issue--must EPA have regulations in place, which it has established, in a rulemaking, as at least contingently applicable to salt domes, before it issues any permits?--is clearly ripe. Cf. … In this case, Congress has used well-established terms of art to express its meaning with great precision.

Adele Halkin v. Richard Helms, Department of State Adele Halkin v. Richard Helms, Department of State, Harold Brown, Secretary, Department of Defense in His Official Capacity

598 F.2d 1 · Court of Appeals for the D.C. Circuit · Jan 16, 1979

Because I feel that the panel has clearly misconceived the nature of the so-called "state secrets privilege" and the standard of review applicable to the assertion of that privilege, I voted to rehear this case En banc. 55 … respect for the executive's scruples against disclosure and at the same time his duties require him constantly to appraise private interests and to reconcile them with conflicting public policies; he may thus seem better qualified

United States v. Edward Lemon

723 F.2d 922 · Court of Appeals for the D.C. Circuit · Dec 5, 1983

Finally, the defendants had long records of criminal activity clearly associated with organized crime. … Indeed, the government has offered to prove that a substantial number of Black Hebrews are engaged in illegal activity clearly subject to criminal prosecution.