Case law

United States v. Albert E. Mills. United States of America v. Kenneth B. Wonson. United States of America v. Vernon L. Holland

925 F.2d 455 · Court of Appeals for the D.C. Circuit · May 29, 1991

Essential to the District Court’s conclusion, of course, was its preliminary finding that the appel-lees’ original arrests qualified, within the meaning of the statute, as arrests “in connection with” the subsequent federal … Some of the prosecutorial powers about which the District Court expressed concern are clearly beyond constitutional challenge. It is established, for example, that the U.S.

Planned Parenthood of Wis., Inc. v. Azar

316 F. Supp. 3d 291 · Court of Appeals for the D.C. Circuit · Jul 16, 2018

Activities for adolescents that do not normalize sexual risk behaviors, but instead clearly communicate the research informed benefits of delaying sex or returning to a sexually risk-free status. Compl. Ex. A at 9-11. … Along similar lines, 19 states and the District of Columbia contend that the 2018 Announcement will push out well-qualified Title X providers and advantage less-qualified providers who will undermine the states' public health

Automotive Parts Rebuilders Association v. Environmental Protection Agency, Automotive Service Industry Association, Intervenor. Motor Vehicle Manufacturers Association of the United States, Inc. v. William D. Ruckelshaus, Administrator, United States Environmental Protection Agency, Automobile Importers of America, Inc., Intervenor

720 F.2d 142 · Court of Appeals for the D.C. Circuit · Oct 14, 1983

It clearly wanted to mitigate the potential anticompetitive impact of the performance warranty on parts manufacturers and, to that end, directed EPA to establish a certification scheme that would minimize the warranty's anticompetitive … The regulation clearly exceeds EPA's statutory grant of authority and must be invalidated. 63 2.

National Treasury Employees Union, an Unincorporated Association v. Ronald W. Reagan, Individually and in His Capacity as President of the Unitedstates Elaine M. Boutilier v. Ronald W. Reagan, Individually and in His Capacity as President of the Unitedstates National Association of Government Employees v. Ronald W. Reagan, Individually and in His Capacity as President of the Unitedstates Marc R. Wine v. Ronald W. Reagan, President of the United States Melody A. Trott, on Behalf of Herself and Others Similarly Situated v. Ronald W. Reagan, Individually and in His Capacity as President of the Unitedstates

663 F.2d 239 · Court of Appeals for the D.C. Circuit · Aug 11, 1981

" established for fiscal year 1981 may not be at the level that Congress intended. … First, this argument was advanced clearly only upon appeal. Second, subsequent developments such as congressional action may have mooted certain facets of this contention.

St AZ v. Thompson, Tommy G.

281 F.3d 248 · Court of Appeals for the D.C. Circuit · Mar 5, 2002

Although the present lawsuit challenges only the 1998 Action Transmittal and not the 1999 regulations, HHS contends that the use of notice and comment in promulgating the 1999 regulations moots the Mead issue and qualifies … Nor do they establish that it would be unreasonable for the Department to approve the allocation method preferred by the States.

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. Francis Robinson

59 F.3d 1318 · Court of Appeals for the D.C. Circuit · Jul 18, 1995

Robinson argues that the evidence was clearly inadmissible to establish possession; but as the emphasized language indicates, the jury was instructed, albeit imprecisely, that it could consider the evidence as relevant to … The same is true of Stroud, who qualified as an expert in the “street use of narcotics,” Tr. 239, and expressly declined to provide an expert opinion on the frequency of purity variations in a cocaine base batch.

Deukmejian v. Nuclear Regulatory Commission

751 F.2d 1287 · Court of Appeals for the D.C. Circuit · Dec 31, 1984

establish the limited nature of the role courts are to play in reviewing orders of the Nuclear Regulatory Commission.' … The amendment addresses precisely the issue raised on this appeal: simulated experience is now considered sufficient to ensure that reactor operators are qualified to perform their crucial and demanding role.

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.

United States v. David Ray, A/K/A David Young

21 F.3d 1134 · Court of Appeals for the D.C. Circuit · Apr 22, 1994

In such cases, Section 2113(a) clearly applies and Section 2113(d) does not.” Brief for the United States at 18, McLaughlin (No. 85-5189). … It is therefore uncertain how carefully the court considered the sentence just quoted, which itself contains the cautious qualifier "probably.” . Such a robber is doing more than “merely possessing” the gun. .

Gandal v. Telemundo Group, Inc.

23 F.3d 539 · Court of Appeals for the D.C. Circuit · May 20, 1994

But since the $1.50 cash dividend was not announced until July 3, 1986, none of these documents could have clearly indicated whether Blair thought warrantholders were entitled to the cash dividend. … Gandal’s entitlement to an extra $1.50 per warrant, if he had exercised, does not automatically qualify him for an award of $1.50 per warrant in damages, nor does it even establish that he suffered a legal injury.

Firemen's Insurance Company of Washington, D.C. v. Walter E. Washington

483 F.2d 1323 · Court of Appeals for the D.C. Circuit · Jul 31, 1973

Washington, 142 U.S.App.D.C. 375 , 442 F.2d 123 (1971) (hereinafter Pistol Ass’n) that “congressional legislation on a particular subject thwarts additional regulation of that subject by the' District.” 9 The Pistol Ass’n court clearly … The purposes of the Placement Act were defined as follows: to assure the availability of basic property insurance; . . . and . to provide for the equitable distribution among insurers of the responsibility for insuring qualified

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.

Building and Construction Trades Department, Afl-Cio v. William E. Brock, Secretary of Labor, Asbestos Institute, Minnesota Mining and Manufacturing, Intervenors. American Federation of Labor and Congress of Industrial Organizations v. United States Department of Labor, Asbestos Institute, Minnesota Mining and Manufacturing, Intervenors. Asbestos Information Association/north America, Etc. v. Occupational Safety and Health Administration, Asbestos Institute, Building and Construction Trades Department, Minnesota Mining and Manufacturing, Intervenors. Asbestos Information Association/north America Etc. v. Occupational Safety and Health Administration, Asbestos Institute, Building and Construction Trades Department, Minnesota Mining and Manufacturing, Intervenors

838 F.2d 1258 · Court of Appeals for the D.C. Circuit · Apr 4, 1988

BCTD objects that OSHA has not spelled out clearly enough what qualifies as "objective data." BCTD Brief at 56-58. … This is clearly true. Cf. part II.E.

Illinois Commerce Commission v. Interstate Commerce Commission

787 F.2d 616 · Court of Appeals for the D.C. Circuit · Apr 4, 1986

“regulation ... to protect shippers from the abuse of market power.” *79 The number of affected overhead shippers in a given situation may conceivably be vast rather than trivial, and they may be susceptible rather than immune … Inadequacy of notice was also cited in connection with objections to the length of time — two years out of service — required before a line would qualify for the exemption.

Natural Resources Defense Council v. Environmental Protection Agency

755 F.3d 1010 · Court of Appeals for the D.C. Circuit · Jun 27, 2014

There, EPA concluded it need not establish any standards applicable to qualifying comparable fuels because a comparable fuel is not a “waste” but rather a “fuel product” and therefore excluded from the statute’s reach. … that RCRA’s “solid waste” definition precludes EPA from regulating materials produced in the oil refining process—to be recycled through reintroduction at the appropriate stage of the refining process—because the Congress “clearly

Jefferson Schrader v. Eric Holder, Jr.

704 F.3d 980 · Court of Appeals for the D.C. Circuit · Jan 11, 2013

defendant argued that his Maryland conviction for common-law misdemeanor assault should not trigger the Armed Career Criminal Act sentence enhancement which, like section 922(g)(1), turns on whether a predicate conviction qualifies … As such, a Maryland common- law assault clearly is punishable by more than two years imprisonment . . . .” Coleman, 158 F.3d at 203 (internal quotation marks and citation omitted).

United Steelworkers of America, Afl-Cio v. National Labor Relations Board, Roanoke Iron & Bridge Works, Inc., Intervenor. Roanoke Iron & Bridge Works, Inc. v. National Labor Relations Board, United Steelworkers of America,afl-Cio, Intervenor

390 F.2d 846 · Court of Appeals for the D.C. Circuit · Apr 26, 1968

The Company departed from this principle in 1961; this alone would not establish bad faith. … But the Company is mistaken in supposing that it is immune from condemnation for bad faith merely because it defines its immediate bargaining tactic as the refusal to agree on one issue. 17 The crucial question, whether a

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 .

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.