Case law

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 .

City of Detroit, Michigan, a Municipal Corporation v. Federal Power Commission, Panhandle Eastern Pipe Line Company, Intervenor. County of Wayne, Michigan, a Municipal Corporation and Body Politic v. Federal Power Commission, Panhandle Eastern Pipe Line Company, Intervenor

230 F.2d 810 · Court of Appeals for the D.C. Circuit · Feb 28, 1956

We should not be understood to say that whenever the Commission does establish the necessary relationship between means and end, a prescribed rate increase will be lawful. … time as its reserves for depreciation and depletion are built up or if its net revenues from the extraction of hydrocarbons should rise." 7 This statement of the different results of the two methods, however, should be 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

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.

Rockies Fund, Inc. v. Securities & Exchange Commission

428 F.3d 1088 · Court of Appeals for the D.C. Circuit · Nov 15, 2005

And even if the evidence does establish some level of cooperation between the two, it clearly does not establish manipulative price setting. With respect to Premier’s trading pattern, the SEC says very little. … The Fund should have listed the shares as restricted in each filing; listed as unrestricted, the statements qualify as “untrue” under Rule 10b-5.

Andrx Pharmaceuticals, Inc. v. Biovail Corp. International

256 F.3d 799 · Court of Appeals for the D.C. Circuit · Jul 31, 2001

We disagree with Andrx that "its conduct was not only permitted under but clearly contemplat- ed by the Hatch-Waxman" Amendments. Appellee Br. 32. … But even a patent-right holder is not immune from antitrust liability. In United States v. Singer Mfg.

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. … In the OEC provisions of Order No. 436, the Commission clearly states that it will consider itself free to certify proposed facilities or service whenever (1) it receives a qualifying application and (2) no opposition is

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.

Air Line Pilots Association, International v. Civil Aeronautics Board, Fleming International Airways, Inc., Intervenor. Air Line Pilots Association, International v. Civil Aeronautics Board, Federal Express Corporation, Intervenor. Air Line Pilots Association, International v. Civil Aeronautics Board, Pacific Alaska Airlines, Inc., Intervenor

667 F.2d 181 · Court of Appeals for the D.C. Circuit · Oct 30, 1981

BACKGROUND 4 The Federal Aviation Act of 1958 established a bifurcated regulatory scheme for the air transportation industry. … We will not defer to the FAA in areas which are clearly within our purview, but we will rely on the FAA's technical expertise to tell us whether an operating carrier is safe.

United States of America, Ex Rel. D.J. Findley v. Fpc-Boron Employees' Club

105 F.3d 675 · Court of Appeals for the D.C. Circuit · Mar 18, 1997

Virtually every court of appeals that has considered the public disclosure bar explicitly or implicitly agrees on one thing, however: the language of the statute is not so plain as to clearly describe which eases Congress … U.S. —, 115 S.Ct. 2579 , 132 L.Ed.2d 829 (1995). 4 We find no *685 support either in the language or the legislative history of the 1986 amendments, however, that in making this alteration Congress intended to change the established

Frances Rogala v. District of Columbia and Ephriam Williams, Officer, Badge 4357

161 F.3d 44 · Court of Appeals for the D.C. Circuit · Mar 3, 1999

Plaintiffs therefore have failed to establish a deprivation of their Fifth or Sixth Amendment rights. B. … Furthermore, an officer may commit what at common law would be an assault unless “the threatened use of force is clearly excessive.” Jackson v. District of Columbia, 412 A.2d 948, 956 (D.C.1980).

Amer Bnkr Assn v. Natl Crdt Un Admin

Court of Appeals for the D.C. Circuit · Jan 4, 2002

The Federal Credit Union Act (FCUA), 12 U.S.C. ss 1751- 1795k, provides for the establishment of federal credit unions and governs their operations. … In support of this proposi- tion, the ABA cites two provisions of the rule: the criteria for determining whether a community qualifies for a charter, see 63 Fed.

Emergency Coalition to Defend Educational Travel v. United States Department of Treasury

545 F.3d 4 · Court of Appeals for the D.C. Circuit · Nov 4, 2008

Under the regulations, accredited U.S. undergraduate or graduate degree-granting academic institutions are eligible to obtain a specific license so as to allow qualified individuals to engage in an enumerated list of activities … It is evident that the Office must have thought the prior regulations did not clearly reach someone like Smith, for otherwise the relevant amendment would not have been introduced.

Soft Drink Workers Union Local 812, International Brotherhood of Teamsters v. National Labor Relations Board

657 F.2d 1252 · Court of Appeals for the D.C. Circuit · Oct 3, 1980

In the Board’s view, this suggestion not only assumes that all the picketers could make the identification that proved difficult for even experienced union agents, but also violates the principle, established by the Board … In affirming the recommendation of the ALJ the Board very slightly qualified one of his findings.

The Confederated Tribes Of The Colville Reservation v. United States

964 F.2d 1102 · Court of Appeals for the D.C. Circuit · Jun 17, 1992

Appellants' claim in this case was one well recognized under established legal principles, and, hence, does not come within clause (5). … Judge Nichols stated further, interpreting the "fair and honorable dealings" clause, "the United States has honorably waived its sovereign immunity, waived the statute of limitations, and exposed itself to suits not even

United States v. Robert B. Sutton, United States of America v. Mark A. Sucher

801 F.2d 1346 · Court of Appeals for the D.C. Circuit · Aug 29, 1986

The facts in the present case clearly distinguish it from Mardian and Sampol . Sucher was not tried with a co-defendant against whom the government’s evidence was overwhelmingly damning. … In addition, the provision of Rule 106 grounding admission on “fairness” reasonably should be interpreted to incorporate the common-law requirements that the evidence be relevant, and be necessary to qualify or explain the

United States v. Jose B. Salamanca, United States of America v. Hector A. Salamanca

990 F.2d 629 · Court of Appeals for the D.C. Circuit · Jun 16, 1993

The FBI followed established procedure by notifying the Pretrial Services Agency shortly after they arrested Jose. … We conclude that the facts recited in the affidavit clearly established a “fair probability” that evidence of the assault on Officer Culver would be found at Jose’s apartment. See Illinois v.

Amer Bnkr Assn v. Natl Crdt Un Admin

Court of Appeals for the D.C. Circuit · Nov 9, 2001

The Federal Credit Union Act (FCUA), 12 U.S.C. ss 1751- 1795k, provides for the establishment of federal credit unions and governs their operations. … The ABA also argues that because the rule provides that the Administration will consider an area's "primary ethnic composition" in determining whether it qualifies as a "well- defined local community," 63 Fed.

Baltimore & Potomac Railroad v. Golway

6 App. D.C. 143 · Court of Appeals for the D.C. Circuit · May 6, 1895

This seems to be such a municipal regulation as was clearly within the power of that body to enact (Stoutenburgh v. Hennick, 129 U. … If apprehensive that too much was left to the discretion of the jury, the defendant might have submitted a special prayer limiting or qualifying the one given, in the particulars in which it was thought to have gone too far