Case law

Callaway v. Berryhill

292 F. Supp. 3d 289 · Court of Appeals for the D.C. Circuit · Feb 16, 2018

Statutory and Regulatory Framework To qualify for disability benefits under Titles II and XVI of the Social Security Act (the "Act"), a claimant must establish that she is "disabled." 42 U.S.C. § 423 . … First, a review of the record clearly reveals that the ALJ's RFC determination was derived from the opinions of Dr. Sterling Moore, a rheumatologist called as a State medical expert.

Maine Public Utilities Commission v. Federal Energy Regulatory Commission

625 F.3d 754 · Court of Appeals for the D.C. Circuit · Mar 28, 2008

evidence to establish a reasonable range of rates. … This case is clearly outside the scope of the Mobile-Sierra doctrine.

Tradesmen International, Inc. v. National Labor Relations Board

275 F.3d 1137 · Court of Appeals for the D.C. Circuit · Jan 15, 2002

Although Oakes was qualified for HVAC positions, there were no such positions available through Tradesmen at that time. … Our analysis of whether Oakes's activity enjoys section 7's protections is guided by Supreme Court precedent, which clearly provides that the "mutual aid or protection" clause in section 7 includes em- ployees' efforts

Heller v. District of Columbia

670 F.3d 1244 · Court of Appeals for the D.C. Circuit · Oct 4, 2011

. * Specifically, the applicant must: • Have vision qualifying one for a driver’s license. § 7-2502.03(a)(ll). • Demonstrate knowledge of the District’s laws pertaining to firearms “and, in particular, the safe and responsible … Hence we conclude the grant of authority in the HRA comprises the subject of firearms and supersedes the qualified grant to the District in the 1906 Act.

American Security & Trust Co. v. Frost

117 F.2d 283 · Court of Appeals for the D.C. Circuit · Nov 25, 1940

Towers, as executors and trustees under the will, and they have qualified and are acting as such. The corporate trustee is the appellant, and the individual trustees are appellees. … In the absence of specific enumeration in the will some things are and always have been so clearly corpus or income that no course of litigation has been needed to establish presumptive rules concerning them.

Federal Labor Relations Authority v. U.S. Department Of The Treasury

884 F.2d 1446 · Court of Appeals for the D.C. Circuit · Sep 13, 1989

Had the Supreme Court envisioned this case, would it have qualified Reporters Committee's statement of the public interest relevant under the FOIA? … First, to fall within exemption 6, the invasion of privacy must be "clearly" unwarranted; the adverb "clearly" is omitted from exemption 7(C).

Patent Office Professional Association v. Federal Labor Relations Authority, United States Department of Commerce, Patent and Trademark Office v. Federal Labor Relations Authority

26 F.3d 1148 · Court of Appeals for the D.C. Circuit · Sep 2, 1994

Clearly, the Panel's jurisdiction is premised on the parties being "unable to reach agreement, notwithstanding their efforts to do so." … We disagree. 30 The FSLMRS clearly forbids bargaining over government-wide regulations.

Local 644, United Brotherhood of Carpenters and Joiners of America, Afl-Cio v. National Labor Relations Board

533 F.2d 1136 · Court of Appeals for the D.C. Circuit · Feb 10, 1976

The parties hereto being in the Construction Industry qualify under the provision of SECTION 8(e) of the National Labor Relations Act of 1947 as amended. … No change is to be made in the hours, wages and other conditions established or agreed upon in any locality.

United States v. McCoy, JoAnn

316 F.3d 287 · Court of Appeals for the D.C. Circuit · Dec 20, 2002

Rule 32(c)(1)'s language, quoted above, provides a broad opportunity to comment, and we think McCoy's perjury- specific contention clearly qualified. It had the potential to affect her sentence. … See maj. op. at 7 ("Rule 32(c)(1)'s language ... provides a broad opportunity to comment, and we think McCoy's perjury-specific contention clearly qualified.").

Allegheny Defense Project v. FERC

964 F.3d 1 · Court of Appeals for the D.C. Circuit · Jun 30, 2020

Doing so requires courts to start with the statutory text, and to end there as well when, as here, the statute speaks clearly. … Approving irreversible construction in the midst of a properly substantive rehearing might qualify as arbitrary and capricious.

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency

822 F.2d 104 · Court of Appeals for the D.C. Circuit · Jun 30, 1987

These national standards establish a nationwide floor for the achievement of pollution control. … Since this provision applies only to “new sources,” the “applicable standards of performance” which must be satisfied to qualify for the grace period are clearly NSPS standards, as those are the standards applicable to new

International Paper Co. v. Federal Energy Regulatory Commission

737 F.2d 1159 · Court of Appeals for the D.C. Circuit · Jun 22, 1984

Long Lake also asserted that petitioner did not possess the requisite property interests to qualify for an exemption. Brief for Respondent at 6. … determine whether the proposed acquisitions met applicable statutory standards, the affiliate, Frisco, requested unrestricted operating *18 authority, but took the position that the proposed acquisitions would enable it to establish

Massachusetts School of Law at Andover, Inc., Proposed Intervenor v. United States of America, American Bar Association

118 F.3d 776 · Court of Appeals for the D.C. Circuit · Jul 15, 1997

We observed that the would-be intervenor must first establish that its participation would aid the court, 746 F.2d at 54 , and went on to cite tile language of the Sixth Circuit in United States v. … Nonetheless, even as measured by the Department’s complaint, the decree clearly represents a material accomplishment.

Associated Gas Distributors v. Federal Energy Regulatory Commission

824 F.2d 981 · Court of Appeals for the D.C. Circuit · Jun 23, 1987

If so, then the obsolescence referred to is clearly far from universal. … Thus FERC is clearly barred from setting sub-NGPA ceilings on jurisdictional wellhead sales.

Rumely v. United States

197 F.2d 166 · Court of Appeals for the D.C. Circuit · Apr 29, 1952

The prosecutor’s contention was that pertinency was established when it was -shown that Rumely had registered as a lobbyist. … We are told that modern media for mass communication have made established concepts of lobbying archaic.

BuzzFeed, Inc. v. U.S. Dep't of Justice

318 F. Supp. 3d 347 · Court of Appeals for the D.C. Circuit · Aug 3, 2018

Stat. § 95.11 (4)(g) (establishing two-year limitations period for libel and slander claims). … The privilege, however, is a qualified one. In re Sealed Case , 856 F.2d at 272 .

The Towns of Alexandria, Minnesota v. Federal Power Commission, Otter Tail Power Company, Intervenor. The Village of Elbow Lake, Minnesota v. Federal Power Commission, Otter Tail Power Company, Intervenor

555 F.2d 1020 · Court of Appeals for the D.C. Circuit · Apr 15, 1977

a change in the nature of service to Elbow Lake by supersedence of all-requirements wholesale service by wheeling of [Bureau] power. 10 The Otter Tail filing amounts to a new rate for a new type of service and should so qualify … for Elbow Lake did not preclude otherwise appropriate relief on its rate-discrimination allegation, for "a rate schedule, though previously accepted by the Commission for filing, is not unalterable when corrections are clearly

Larry Leon Chaney v. Margaret M. Heckler, as Secretary of Health and Human Services

718 F.2d 1174 · Court of Appeals for the D.C. Circuit · Jan 17, 1984

The activity of the states falls within the jurisdictional ambit of Section 331 of the FDCA, and the practice-of-medicine exception does not immunize this activity from the FDCA’s prohibition of misbranding. … This consistent construction establishes a strong presumption of reviewability in cases under § 10.

National Souvenir Center, Inc. v. Historic Figures, Inc. Williamsburg Wax Museum, Inc. v. Historic Figures, Inc. National Civil War Wax Museum v. Historic Figures, Inc.

728 F.2d 503 · Court of Appeals for the D.C. Circuit · Feb 10, 1984

In connection with such advice, [NHM] will make available to FRANCHISEE the services of a qualified individual for two consultation periods, not to exceed one week each in duration at FRANCHISEE's request during the period … We do not think these factual findings are erroneous, much less clearly so. Cf. Allegaert v.

United States v. Askew

529 F.3d 1119 · Court of Appeals for the D.C. Circuit · Jul 12, 2007

Clearly it was. By zipping up his jacket, appellant unquestionably evidenced an intent to keep private whatever lay under it. … or negate the suspect’s connection with th[e] crime” under investigation, Hayes, 470 U.S. at 817 , 105 S.Ct. 1648 , the unzipping in this case would not qualify.