Case law

The Ripon Society, Inc. v. National Republican Party the Ripon Society, Inc. v. National Republican Party

525 F.2d 567 · Court of Appeals for the D.C. Circuit · Feb 23, 1976

Each of the nine is alleged in the supplementary complaint to be a “citizen of the United States, a Republican, a registered and qualified voter of the District of Columbia or of . … If this claim should succeed and the challenge to the victory bonus should fail, Gillette will plainly be the worse off, since the District qualifies for no bonus votes. . Compare Pierce v.

Bouchard v. Washington

514 F.2d 824 · Court of Appeals for the D.C. Circuit · Jun 12, 1975

Development to provide financial and technical assistance enabling cities to plan and execute certain types of programs designed to improve the quality of urban life in the United States. 2 Among the projects which may qualify … It is the city's responsibility, in good faith deliberation with its citizen participation component, to define clearly and set forth the responsibilities and authority of the citizen participation component in these areas

United States v. Harry R. Haldeman, United States of America v. John D. Ehrlichman, United States of America v. John N. Mitchell, United States of America v. Harry R. Haldeman and John D. Ehrlichman, Nos. 75-1381, 75-1382, 75-1384 and 76-1441.united States Court of Appeals, District of Columbia Circuit

559 F.2d 31 · Court of Appeals for the D.C. Circuit · May 23, 1977

They worried most about what the break-in defendants might say before the Committee if granted immunity. … United States, 420 F.2d 799, 801 (9th Cir. 1969) (immune to process); cf., e.g., United States v.

Public Citizen Health Research Group v. Tyson

796 F.2d 1479 · Court of Appeals for the D.C. Circuit · Jul 25, 1986

Rather, the agency stated that the evidence clearly establishes eytogenic effects (from which it inferred harmful health consequences) and supported its conclusion that EtO is a carcinogen. … AEOU also argues that OSHA’s expert testimony is “clearly” outdated. Petitioner AEOU Brief at 29.

Northwest Airlines, Inc. v. Transport Workers Union of America, Afl-Cio, Air Line Pilots Association, International. Northwest Airlines, Inc. v. Transport Workers Union of America, Afl-Cio. Appeal of Air Line Pilots Association, International. Northwest Airlines, Inc. v. Transport Workers Union of America, Afl-Cio and Air Line Pilots Association, International

606 F.2d 1350 · Court of Appeals for the D.C. Circuit · Oct 9, 1979

The court, however, qualified its conclusions regarding the plaintiff's right of contribution: 12 At this time, the Court holds only that there is a federal common law right to contribution for monetary liability imposed … The employees are clearly the class especially intended to be protected under the Equal Pay Act. 26 The Airlines' claim, however, fails to satisfy the third prong of the Cort test consistency with the legislative scheme.

Hughes Air Corp. v. Civil Aeronautics Board

492 F.2d 567 · Court of Appeals for the D.C. Circuit · Dec 5, 1973

Thus, any departure from the norm of plenary economic regulation must be clearly justified. … Even if objection to official notice of clearly legislative facts in a rulemaking proceeding is ever proper, see 2 K. Davis, Admin. L.

General Chemical Corp. v. United States

817 F.2d 844 · Court of Appeals for the D.C. Circuit · May 1, 1987

Petitioners claim that the Commission ignored documents that clearly established the process by which the annuity-based cost figures had been calculated. The record does not bear out this charge. … The Commission’s own guidelines and judicial precedent clearly establish that any overlap between the carriers to a complainant source and those that serve allegedly competitive sources is relevant to a determination of the

United States v. Martinez, William

476 F.3d 961 · Court of Appeals for the D.C. Circuit · Feb 16, 2007

The evidence plainly establishes that Martinez knew he was involved in an international drug distribution conspiracy (with the Herrera Organization). … The evidence also establishes that Martinez knew about the large and valuable March 1999 cocaine shipment and was deeply involved in supervising its transport.

Fulani v. Brady

935 F.2d 1324 · Court of Appeals for the D.C. Circuit · Jun 14, 1991

Perhaps more importantly, this status also qualified the CPD to sponsor candidate debates under Federal Election Commission Rule 11 C.F.R. Sec. 110.13(a)(1). … II. 33 Fulani's allegations were set out most clearly in an affidavit sworn prior to the 1988 election by Fred Newman, Fulani's campaign manager.

HealthBridge Management, LLC v. National Labor Relations Board

798 F.3d 1059 · Court of Appeals for the D.C. Circuit · Aug 18, 2015

In the healthcare context, establishing “special circumstances” requires evidence that a ban is “necessary to avoid disruption of health-care operations or disturbance of patients.” … Second, even “ ‘the most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth,’ so long as the allegedly offensive actions are directly related to activities protected by the Act and

United States v. Aumbrey Winstead

890 F.3d 1082 · Court of Appeals for the D.C. Circuit · May 25, 2018

In that regard, we recently held that a ten-year- old PCP conviction was too old to be used to establish knowledge for a similar crime. United States v. Sheffield, 832 F.3d 296, 307-08 (D.C. Cir. 2016). … Section 4B1.2(b) presents a very detailed “definition” of controlled substance offense that clearly excludes inchoate offenses. Expressio unius est exclusio alterius.

Util. L. Rep. P 14,084 Bluestone Energy Design, Inc. v. Federal Energy Regulatory Commission

74 F.3d 1288 · Court of Appeals for the D.C. Circuit · Jan 30, 1996

According to sub-part D, the Commission “may grant an exemption” from the IC report requirement “in extraordinary circumstances that clearly establish good cause for exemption.” § 12.33(a). … According to Bluestone, data that it submitted to the Commission early on indicated that its dam was low hazard, thus qualifying it for an exemption from the requirements of subparts C and D.

United States v. Carlton E. Bryant, United States of America v. William E. Turner

439 F.2d 642 · Court of Appeals for the D.C. Circuit · Jan 29, 1971

He constantly qualified his statements with “possibly” or “probably” or simply settled for “I don’t know.” He was clear on only a few facts. … The disclosure duty it establishes is not strictly mandatory; rather, discretion is left with the trial judge.

United States v. Science Applications International Corp.

626 F.3d 1257 · Court of Appeals for the D.C. Circuit · Dec 3, 2010

In doing so, the district court rejected SAIC’s argument that the government failed to present evidence that the company’s submissions for payment qualified as false claims under the FCA. See United States v. … That said, Congress clearly had no intention to turn the FCA, a law designed to punish and deter fraud, into a vehicle for either “punish[ing] honest mistakes or incorrect claims submitted through mere negligence” or imposing

States Marine Lines, Inc. v. Federal Maritime Commission

376 F.2d 230 · Court of Appeals for the D.C. Circuit · Mar 8, 1967

Moreover, Congress quite clearly has not sanctioned unfair regulation. … However, the cases establishing that proposition also assume that the thwarted appellant has been accorded one fair hearing already, e.g., Ohio ex rel. Bryant v.

United States v. E-Gold, Ltd.

521 F.3d 411 · Court of Appeals for the D.C. Circuit · Apr 11, 2008

While that interest by itself is of course weighty, it is, as the Second Circuit noted, “augmented by an important liberty interest: the qualified right, under the sixth amendment, to counsel of choice.” Id. … As we noted above, that need is clearly  13 established in the case before us where a magistrate judge has found that the defendants are not financially capable of retaining counsel of choice

Susan M. Bechtel v. Federal Communications Commission, Anchor Broadcasting Limited Partnership, Intervenor. Galaxy Communications, Inc. v. Federal Communications Commission and United States of America, Anchor Broadcasting Limited Partnership, Intervenor

957 F.2d 873 · Court of Appeals for the D.C. Circuit · Jan 31, 1992

Under her engineering proposal, the station would serve 40,465 people over 1,200 square kilometers. 1 8 Although Bechtel was clearly superior to Anchor regarding comparative coverage, serving approximately 21% more people … The Board found that Anchor had failed to carry its burden to establish the reliability of its integration proposal. Dr.

Harman v. Himes

77 F.2d 375 · Court of Appeals for the D.C. Circuit · Mar 25, 1935

Harman qualified, gave bond, and took possession of the books of the corporation, but apparently nothing else. … If this is correct, the judgment below, if for no other reason, is clearly wrong. Prior to 1915 there was no statutory enactment of Delaware covering stockholders’ liability for part paid stock.

United States v. Hinckley Jr., John W

140 F.3d 277 · Court of Appeals for the D.C. Circuit · Apr 14, 1998

The second mention is clearly irrelevant to the present appeal. … As Hinckley notes, “[t]he deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need.” In re Sealed Case, 121 F.3d 729, 737 (D.C.Cir.1997).

Winter Park Communications, Inc. v. Federal Communications Commission

873 F.2d 347 · Court of Appeals for the D.C. Circuit · Apr 21, 1989

We also find that this case is clearly controlled by West Michigan Broadcasting Co. v. … If one applicant has a clear quantitative advantage, then that applicant receives the station (assuming that the applicant is otherwise qualified and does not own other media interests).