Case law

Amalgamated Clothing Workers of America, Afl--Cio v. National Labor Relations Board, Jimmy-Richard Co., Inc.,intervenor. National Labor Relations Board v. Jimmy--Richard Company, Inc., Amalgamated Clothing Workers Ofamerica, Intervenor

527 F.2d 803 · Court of Appeals for the D.C. Circuit · Jan 13, 1976

As the Court stated emphatically, '(W)e think it clearly inappropriate for the court below to make any contrary findings on its own.' Id. … If such threats are within the 'exceptional' category, they must also qualify as 'less pervasive violations' that can be remedied by a bargaining order. 12 One additional argument deserves comment.

People's Mojahedin Organization v. Department of State

327 F.3d 1238 · Court of Appeals for the D.C. Circuit · May 9, 2003

unlawful and set aside’’ designations that we find to be (A) arbitrary, capricious, an abuse of discretion, or oth- erwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … And, for the reasons stated in the majority opinion, I agree that petitioner’s activities clearly fall within the statutory definition of ‘‘terrorist activity’’ under 8 U.S.C. § 1182(a)(3)(B)(iii) (2000 & Supp. 2003).

Robert C. McFarlane v. Esquire Magazine

74 F.3d 1296 · Court of Appeals for the D.C. Circuit · Jan 30, 1996

The article’s answer appeared to be a qualified Yes. … But why should editorial controls that take the employee editors themselves to a point short of actual malice be deemed to establish the publisher’s actual malice?

Institutional Shareholder Services, Inc. v. SEC

142 F.4th 757 · Court of Appeals for the D.C. Circuit · Jul 1, 2025

Pennsylvania, 591 U.S. 657, 674 n.6 (2020) (explaining that the circuit court “erred by inquiring into [intervenors’] independent Article III standing” when they sought the same relief as the federal government, which “clearly … To qualify as an injury-in-fact, a harm must be “concrete and particularized” and “actual or imminent.” Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992) (citation modified).

In Re: Madison Guaranty Savings & Loan

427 F.3d 981 · Court of Appeals for the D.C. Circuit · Mar 3, 2006

The petitioner “bears the burden of establishing all elements of [her] entitlement.” In re North (Reagan Fee Application), 94 F.3d 685, 690 (D.C. Cir., Spec. Div., 1996) (per curiam). … Div., 1991), she argues that she therefore qualifies under the “but for” requirement because “as a high public official, [she] was investigated in a circumstance where a private citizen would not have been.”

United States v. Garces, Angelo V.

133 F.3d 70 · Court of Appeals for the D.C. Circuit · Feb 20, 1998

Menon, dis- cussed earlier, clearly takes the view that in assessing compli- ance with the "immediately apparent" criterion, post- discovery steps needed to establish the papers' incriminating character "count" so long as … The judge was clearly aware of the potentially prejudicial nature of the witnesses' references to the threats, and indeed ruled them out.

United States v. Clyde W. Myers

538 F.2d 424 · Court of Appeals for the D.C. Circuit · Aug 19, 1976

Aguilar test has generated police investigation and this has developed significant corroboration or other 'probative indications of criminal activity along the lines suggested by the informant,' the tip, even though not qualifying … relied in Harris on reputation as a factor of any significance. 13 31 I must state my agreement with the judgment of the Second Circuit in a recent case, that "the Harris opinion does not suggest that when an affidavit clearly

Cigar Ass'n of Am. v. U.S. Food & Drug Admin.

315 F. Supp. 3d 143 · Court of Appeals for the D.C. Circuit · May 15, 2018

But neither case establishes such a categorical rule. … The agency cannot legislate when Congress has clearly spoken. This is an area better left for Congress to consider in the first instance.

Crisman v. Dep't of Justice

332 F. Supp. 3d 139 · Court of Appeals for the D.C. Circuit · Sep 18, 2018

Id. at 11-13 (detailing the "six clearly referenced documents"). However, "mere reference to other files does not establish the existence of documents that are relevant to [a] FOIA request." Steinberg v. … FOIA clearly does not impose this burden upon federal agencies."); see also Morley v. CIA , 508 F.3d 1108 , 1121 (D.C.

Dominion Resources, Inc. v. Federal Energy Regulatory Commission

286 F.3d 586 · Court of Appeals for the D.C. Circuit · Apr 19, 2002

In contrast, if the Compliance Order was a "modification," then Dominion clearly has standing to chal- lenge it. … Cir. 1995) ("[W]here an agency departs from established precedent without a reasoned explanation, its decision will be vacated as arbitrary and capricious.").

United States v. Stamp

458 F.2d 759 · Court of Appeals for the D.C. Circuit · Dec 20, 1971

Eastern would only disburse loans in accordance with their established settlement procedures. … A few other cases have established a middle ground between Sclafani and Guerrina .

Ralston v. Easter

43 App. D.C. 513 · Court of Appeals for the D.C. Circuit · Apr 26, 1915

Waggaman were appointed and qualified as trustees of said estate. … The rule is clearly stated in Deaderick v. Cantrell, 10 Yerg. 264 , 272, 31 Am.

United States v. Ali Ali

718 F.3d 929 · Court of Appeals for the D.C. Circuit · Jun 11, 2013

So long as the government could establish that he had committed piracy on the high seas—a crime over which all nations may exercise jurisdiction—this expectation was met. … As UNCLOS § 101(c) recognizes, it is self-defeating to prosecute those pirates desperate enough to do the dirty work but immunize the planners, organizers, and negotiators who remain ashore.

Chamber Cmerc US v. OSHA

174 F.3d 206 · Court of Appeals for the D.C. Circuit · Apr 9, 1999

The Directive is clearly not, for example, "a purely administrative effort designed to uncover violations of the Act." … That a rule is directed toward a particular danger, rather than danger in general, may be relevant to whether it qualifies as a standard; it is not, however, dispositive.

Mary Pat Laffey v. Northwest Airlines, Inc., Air Line Pilots Association, Non-Aligned Party. (Two Cases) Mary Pat Laffey v. Northwest Airlines, Inc., Air Line Pilots Association, Non-Aligned Party. (Two Cases)

740 F.2d 1071 · Court of Appeals for the D.C. Circuit · Jul 20, 1984

Id. at 463 (citation omitted). 22 55 In this appeal, NWA argues that the law of the case established in Laffey I is "clearly erroneous" and the source of "manifest injustice," once again urging upon us a contrary analysis … Allowances that primarily serve the interest of the employee, however, do qualify as wages, the court stated.

New England Power Company v. Federal Energy Regulatory Commission, Central Maine Power Company, Intervenor

571 F.2d 1213 · Court of Appeals for the D.C. Circuit · Dec 21, 1977

Indeed, it is curious to suggest that the parties would provide for the arbitration of “administrative details” and leave immune from the section 5 provision on arbitration the most important matter, namely, the composition … Since “such” is a qualifying word (in “such payments”), its meaning is ordinarily derived from the last antecedent, which is “transmission payments.” District 6, United Mine Workers v. U. S.

Clark v. Associated Retail Credit Men of Washington

105 F.2d 62 · Court of Appeals for the D.C. Circuit · Apr 10, 1939

Plaintiff was and is the operator of a dry-cleaning establishment, and requires a good credit reputation. Defendant is an incorporated agency for investigating and reporting credit. … a right in the plaintiff we establish a privilege or immunity in the defendant.

United States v. Riley, Chrisopher

376 F.3d 1160 · Court of Appeals for the D.C. Circuit · Aug 3, 2004

Riley’s version of his conduct does not establish transitory possession, or any similar circumstance. He was not, for example, apprehended at a shooting range. … As we discuss in Part V.B below, Riley does not qualify for a decrease on that ground.

United States v. John C. Kelley

36 F.3d 1118 · Court of Appeals for the D.C. Circuit · Sep 27, 1994

After contacting Megasistemas owners Alejandro Aguirre and Jorge Figueroa, Pinkerton determined that Megasistemas was well-qualified to develop CIMS. … At the pretrial hearing, Kelley established that Cavazos would be unavailable to testify at trial.

Viola v. U.S. Dep't of Justice

306 F. Supp. 3d 321 · Court of Appeals for the D.C. Circuit · Mar 31, 2018

Viola is not proceeding in forma pauperis and has not demonstrated that he qualifies for this status. … Plaintiff has not established that there is any potential merit to his claims.