Case law

Gorman, David J. v. AmeriTrade Hold Corp

293 F.3d 506 · Court of Appeals for the D.C. Circuit · Jun 14, 2002

The "mere accessibility of the defendants' websites," we held, does not "establish[ ] the necessary 'minimum contacts' with this forum." … IV Ameritrade is quite wrong in treating "cyberspace" as if it were a kingdom floating in the mysterious ether, immune from the jurisdiction of earthly courts.

Carbide & Carbon Chemicals Corporation v. Coe

102 F.2d 236 · Court of Appeals for the D.C. Circuit · Dec 29, 1938

Commercial success to an extraordinary extent was established in the instant case; indeed, was conceded by the Commissioner. … to be clearly wrong.

League of Women Voters v. DHS

Court of Appeals for the D.C. Circuit · Sep 4, 2026

That provision does not establish a likelihood of success for the government. … The parties agree that SAVE qualifies as a system of records subject to these notice requirements.

In Re Sealed Case

737 F.2d 94 · Court of Appeals for the D.C. Circuit · Jun 15, 1984

Mindful that Fed.R.Civ.P. 52(a) secures the district court’s findings of fact against reversal on appeal unless they are “clearly erroneous,” we nevertheless conclude “on the entire evidence” that the district court erred … Under these circumstances, the conversations qualify for the privilege.

Center for Auto Safety v. National Highway Traffic Safety Administration

793 F.2d 1322 · Court of Appeals for the D.C. Circuit · Jun 20, 1986

While the two concepts are related, 69 the credits and penalties implicated here clearly mean that there is no cognizable mootness claim in this case. … Prudential Requirements In addition to the constitutional minimum for standing imposed by Article III, the courts also have required plaintiffs to qualify under a set of prudential principles, recently summarized by the Supreme

Meredith Corporation v. Federal Communications Commission

809 F.2d 863 · Court of Appeals for the D.C. Circuit · Feb 10, 1987

Sec. 309 (a) (1982) 2 Section 315 obligates broadcasters to provide equal time to all legally qualified candidates for public office. 47 U.S.C. Sec. 315 (a) (1982). … On remand, however, that option appears clearly no longer available. Subsequent to the FCC's decision, this Court held in Telecommunications Research and Action Center v.

Jose M. Quinon and G. Richard Strafer v. Federal Bureau of Investigation

86 F.3d 1222 · Court of Appeals for the D.C. Circuit · Aug 20, 1996

Before the court orders in camera inspection, the Government should be given the opportunity to establish by means of testimony or detailed affidavits that the documents are clearly exempt from disclosure. S. Conf. Rep. … In keeping with this directive, agencies customarily submit affidavits to establish the applicability of the asserted exemptions.

Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rs

301 F. Supp. 3d 50 · Court of Appeals for the D.C. Circuit · Mar 19, 2018

The Corps' Rock Island District also issued a permission under Section 408 of the Rivers and Harbors Act for a crossing of the Mississippi River, after the district determined that the proposal qualified for a categorical … This line of argument is unavailing, as the scoping process *65 clearly falls under the authority of each agency charged with conducting a NEPA analysis.

Southern Pacific Transportation Company v. Interstate Commerce Commission

69 F.3d 583 · Court of Appeals for the D.C. Circuit · Jan 25, 1996

respects--at least important enough to qualify as a party aggrieved--it was rebuffed by the Commission. … The Commission, by approving agreements between two or more carriers that might otherwise violate the antitrust laws, can immunize the agreements from antitrust liability.

Hedgepeth Ex Rel. Hedgepeth v. Washington Metropolitan Area Transit Authority

386 F.3d 1148 · Court of Appeals for the D.C. Circuit · Oct 26, 2004

Pursuant to established procedure, her shoelaces were removed. … See id. at 347 (‘‘Atwater’s claim to live free of pointless indignity and confinement clearly outweighs anything the City can raise against it specific to her case.’’).

Paul W. Kessenich v. Commodity Futures Trading Commission, Rosenthal & Company v. Commodity Futures Trading Commission, Paul W. Kessenich, Intervenor

684 F.2d 88 · Court of Appeals for the D.C. Circuit · Jul 27, 1982

The thirty days clearly runs from the date of the award and not from notice thereof. … These rules shall not be construed to extend or limit the jurisdiction of the courts of appeal as established by law. Fed.R.App.P.l(b).

Francis J. Charlton v. Federal Trade Commission

543 F.2d 903 · Court of Appeals for the D.C. Circuit · Mar 10, 1976

Dodge, 93 Minn. 160 , 100 N.W. 684, 689 (1904); In re Otterness, 181 Minn. 254 , 232 N.W. 318, 319 , 73 A.L.R. 1319 (1930); In re Martin, 67 N.Mex. 276, 354 P.2d 995, 998 (1960); “clearly established” and similar expressions … Board of Bar Examiners, 353 U.S. 232 , 77 S.Ct. 752 , 1 L.Ed.2d 796 (1957), the question was whether a state’s denial of the opportunity to qualify for the practice of law, on grounds of the applicant’s prior arrests, use

Direct Marketing Ass'n v. Federal Communications Commission

772 F.2d 966 · Court of Appeals for the D.C. Circuit · Sep 6, 1985

Under the Telpak tariff, AT&T permitted some small users to share Telpak service in order to qualify. Some users were not able to participate in the shared Telpak service, and complained to the Commission. … It is difficult to assess the pressure on AT&T to conform to the FCC’s suggestion of a 50 cent/two free call rate when AT&T was clearly amenable at least to a 50 cent/one free call rate.

Mary v. Harris Foundation v. Federal Communications Commission

776 F.3d 21 · Court of Appeals for the D.C. Circuit · Jan 20, 2015

By eschewing a more prescriptive test, the Congress clearly authorized the Commission to decide what factors would be dispositive in expanding access to radio service. … Indeed, MVH characterizes the Fair Distribution Rule as a departure from the “long-standing policy” of case- by-case analysis with no qualifying threshold.

Rafic Saadeh v. Fawaz Farouki

107 F.3d 52 · Court of Appeals for the D.C. Circuit · Mar 4, 1997

It is well established that diversity of citizenship is determined at the time the complaint is filed. See, e.g., Freeport-McMoRan, Inc. v. … Thus, the remaining question is whether, at the time Saadeh filed his complaint, Farouki qualified as a “citizen of a State” under the 1988 amendment to § 1332.

United States v. Mark Rollinson, Edmund S. Barnett, United States of America v. Mark Rollinson, Edmund S. Barnett

866 F.2d 1463 · Court of Appeals for the D.C. Circuit · Feb 3, 1989

Even if we were to assume that they were executed, they do not establish that there was a prior agreement to require the guarantors’ consent. … The District Court also found that the record established the existence of only a single modification, rather than five as appellants asserted.

Veg-Mix, Inc. v. U.S. Department of Agriculture

832 F.2d 601 · Court of Appeals for the D.C. Circuit · Oct 30, 1987

The business records exception to the hearsay rule ordinarily requires “the testimony of the custodian or other qualified witness.” Fed.R.Evid. 803(6). … The application of the rule here clearly was not unfair.

Sierra Club v. United States Department of Agriculture

716 F.3d 653 · Court of Appeals for the D.C. Circuit · May 28, 2013

Sunflower fails to cite a single case in its favor and neither establishes that the district court resolved important questions separate from the merits, nor demonstrates that the district court’s decision will be unreviewable … This court, while acknowledging that articulating the scope of § 1292(a)(1) is “resistant to brief summary,” has explained that if a district court order “clearly grant[s] or den[ies] a specific request for injunctive relief

Petties, Nikita S. v. DC

Court of Appeals for the D.C. Circuit · Oct 6, 2000

While we are not at all sure that Forgay has continuing vitality apart from the collateral order doctrine, it is obvious in any event that plaintiffs' showing falls short of the mark this court has established. … That clearly is not the law of this court, much less of this case.

John H. Mallick v. International Brotherhood of Electrical Workers, Charles H. Pillard

814 F.2d 674 · Court of Appeals for the D.C. Circuit · Mar 17, 1987

Resort to the policy of a law may be had to ameliorate its seeming harshness or to qualify its apparent absolutes.” 348 U.S. at 209 , 75 S.Ct. at 244 . In Cox v. … Moreover, the court went on to say “Mallick has clearly satisfied this principle— [T]he 8% change in the balance of the [IBEW’s Litigation] Defense Fund was far greater than changes in preceding years, and the significance