Case law
Opinions from 1658 to today.
6,967 results
0.37s
384 F.2d 331 · Court of Appeals for the D.C. Circuit · Sep 29, 1967
They also urge that expert testimony was necessary to establish any responsibility and any breach for which they might be charged. … Even where the special medical standard is invoked as the touchstone of liability, 'the proposition that experts alone are qualified to testify as to the manner of treatment of a patient is 'sound only when soundly applied
Cited 0 timesPublishedTrinity Broadcasting of Florida, Inc. v. Federal Communications Commission
211 F.3d 618 · Court of Appeals for the D.C. Circuit · May 5, 2000
Perhaps requiring de facto minority control will discourage established broadcasters, or at least non-profit established broadcasters, from providing the kinds of assistance that the Commission had hoped sec- tion 73.3555 … To begin with, the Commission never clearly articulates its theory of where or how section 73.3555 requires "actual minority control."
Cited 54 timesPublishedCentral Tool Co. v. International Ass'n of Machinists National Pension Fund, Benefit Plan A
811 F.2d 651 · Court of Appeals for the D.C. Circuit · Feb 10, 1987
trustees in their discretion, are not subject to a reasonableness requirement under Section 302(c)(5). 58 It follows, of course, that if the *318 rule involved in the instant case was a product of collective bargaining, it is immune … The employee offered uncontradicted evidence that he "could have qualified for a pension" under the original standard had he elected to retire before the new rule was promulgated. Id. at 346, 319 F.2d at 747 . .
Cited 2 timesPublished292 F. Supp. 3d 446 · Court of Appeals for the D.C. Circuit · Feb 22, 2018
The APA, and the Tucker Act, 28 U.S.C. § 1491 (a)(1), "both waive sovereign immunity, allowing plaintiffs to sue the United States in specific circumstances." Martin v. Donley , 886 F.Supp.2d 1 , 7 (D.D.C. 2012). … The Court disagrees that Roseberry-Andrews' claims are clearly time-barred, and thus it concludes that transfer to the Court of Federal Claims is proper.
Cited 4 timesPublishedUnited 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.
Cited 34 timesPublished957 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.
Cited 1 timesPublishedUnited 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.
Cited 82 timesPublished77 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.
Cited 0 timesPublishedCabazon Band Of Mission Indians v. National Indian Gaming Commission
14 F.3d 633 · Court of Appeals for the D.C. Circuit · Mar 28, 1994
With the objective of regulating tribal gaming operations on Indian lands, the Act established the Indian Gaming Commission as an agency within the Department of the Interior, 25 U.S.C. … It exactly replicates the paper version of the game, and if that is not sufficient to make it a facsimile, we doubt, as did Judge Lamberth ( 827 F.Supp. at 32 ), that anything could qualify. 8 The Tribes' contrary position
Cited 4 timesPublished721 F.2d 366 · Court of Appeals for the D.C. Circuit · Dec 22, 1983
Suburban’s lessees clearly work for profits. 7. … No court can overlook an agency’s defiant refusal to follow well established law.
Cited 33 timesPublishedAction For Children's Television v. Federal Communications Commission
852 F.2d 1332 · Court of Appeals for the D.C. Circuit · Jul 29, 1988
What is necessary is a notice of proposed rulemaking to establish a record." Reconsideration Order, 64 Rad.Reg.2d at 220 (Dennis, Comm'r, concurring). … Such a rule would present a clearly-stated position enabling broadcasters to comprehend what is expected of them and to conform their conduct to the legal requirement.
Cited 0 timesPublishedWinter 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).
Cited 1 timesPublishedUnited States v. Willie Decoster, Jr., (Decoster Iii)
624 F.2d 196 · Court of Appeals for the D.C. Circuit · Jul 10, 1979
Judge Waddy’s findings to the contrary have not been shown to be clearly erroneous. … Clearly these contentions are without merit. . .
Declined to follow by Washington v. Strickland, 693 F.2d 1243 (1982)Cited 264 timesPublished330 F. Supp. 3d 439 · Court of Appeals for the D.C. Circuit · Sep 14, 2018
Article 9 of the CBG Convention gave Guinea a qualified right to ship 50% of the bauxite produced: The Government [of Guinea] reserves the right, inasmuch as it does not adversely affect the sale of bauxite, to have the exported … A plaintiff suing under § 1985(3) must allege four elements: (1) a conspiracy; (2) for the purpose of depriving any person or class of persons of the equal protection of the laws, or of privileges and immunities under the
Cited 0 timesPublishedVillage of Bensenville v. Federal Aviation Administration
457 F.3d 52 · Court of Appeals for the D.C. Circuit · Aug 4, 2006
If the owner or operator proposing to modify an airport’s layout *65 wants to qualify for federal funding, certain requirements must be met. … Clearly, “administrative decisions made by adjudicators with a pecuniary interest in the results of the proceeding may suffer reversal,” Jonal Corp. v.
Cited 65 timesPublishedMiami Newspaper Printing Pressmen's Union Local 46 v. McCulloch
322 F.2d 993 · Court of Appeals for the D.C. Circuit · Jul 18, 1963
A party would be as aggrieved by such a failure as by an act of the Board contrary to an express prohibition. 8 Clearly, 9(c) (1) is not mandatory in all instances. … It is established that a Board order in certification proceedings, pursuant to Section 9, is not a “final order” and therefore does not qualify for judicial review under Section 10. A. F. L. v. N. L. R.
Cited 1 timesPublishedNational Citizens Committee for Broadcasting v. Federal Communications Commission
567 F.2d 1095 · Court of Appeals for the D.C. Circuit · Nov 11, 1977
This was clearly established in Columbia Broadcasting System, Inc. v. … See 132 U.S.App.D.C. at 33 , 405 F.2d at 1101 (“The speech which might conceivably be ‘chilled’ by this ruling barely qualifies as constitutionally protected ‘speech.’ ”). .
Cited 1 timesPublishedMiami Newspaper Printing Pressmen's Union Local 46 v. Mcculloch
322 F.2d 993 · Court of Appeals for the D.C. Circuit · Jul 18, 1963
A party would be as aggrieved by such a failure as by an act of the Board contrary to an express prohibition. 8 16 Clearly, 9(c)(1) is not mandatory in all instances. … It is established that a Board order in certification proceedings, pursuant to Section 9, is not a 'final order' and therefore does not qualify for judicial review under Section 10. A.F.L. v.
Cited 1 timesPublishedRaymond Koger v. Janet Reno, United States Attorney General
98 F.3d 631 · Court of Appeals for the D.C. Circuit · Oct 25, 1996
To prevail, the plaintiff must first establish a prima facie case by showing that the plaintiff is a member of the protected class (here, persons 40 or older) who was qualified for and applied for a position, but was rejected … Courts have not, however, understood Bazemore to require acceptance of regressions from which clearly major variables have been omitted — such as education and prior work experience, Sheehan v.
Cited 59 timesPublished
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