Case law

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.

American Petroleum Institute v. Douglas M. Costle, Administrator, and Environmental Protection Agency, American Petroleum Institute and 15 of Its Member Companies, Chemical Manufacturers Association, the St. Louis Regional Commerce & Growth Association, Natural Resources Defense Council, the State of Oklahoma, E.I. Du Pont De Nemours & Co., Intervenors. E.I. Du Pont De Nemours and Company v. Douglas M. Costle, Administrator, and Environmental Protection Agency, American Petroleum Institute v. Environmental Protection Agency, and Douglas M. Costle, Administrator. Chemical Manufacturers Association v. Douglas M. Costle, Administrator, and Environmental Protection Agency, the Natural Resources Defense Council, Inc. v. Douglas M. Costle, Administrator of the Environmental Protection Agency, Chemical Manufacturers Association v. Douglas M. Costle, Administrator, and Environmental Protection Agency, the Connecticut Lung Association, Inc. v. Douglas M. Costle, Administrator of the U. S. Environmental Protection Agency, Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, Commonwealth of Virginia, Ex Rel. The State Air Pollution Control Board v. Environmental Protection Agency and Douglas M. Costle, Administrator, City of Houston, Texas v. United States Environmental Protection Agency and Douglas M. Costle, Administrator

665 F.2d 1176 · Court of Appeals for the D.C. Circuit · Sep 3, 1981

The Act directs the Administrator to establish two types of NAAQS. … Petitioners contend that because the Shy Panel clearly is an advisory committee within the meaning of this provision, the conduct of the panel violates several provisions of FACA and that EPA reliance on the panel's study

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

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 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.

Asarco, Inc. v. Federal Energy Regulatory Commission

777 F.2d 764 · Court of Appeals for the D.C. Circuit · Nov 29, 1985

In this case, the March 31 Order was clearly of the latter sort and therefore not reviewable. … Other cases applying § 19 establish a clear pattern of adhering to the terms of the statute. See, e.g., FPC v.

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.

Public Citizen v. Burke

843 F.2d 1473 · Court of Appeals for the D.C. Circuit · Apr 12, 1988

the Executive Branch, we do not see how the incumbent President’s responsibility to take care that the laws be faithfully executed can properly be transferred to the Judiciary. 8 The Archivist may well not be particularly qualified … Clearly in Freeman we saw no constitutional anomaly in the prospect of the Archivist rejecting a challenge by Mr. Nixon based on executive privilege. III.

National Recycling Coalition, Inc. v. Reilly

884 F.2d 1431 · Court of Appeals for the D.C. Circuit · Sep 12, 1989

Petitioners, however, must do more than establish the causal link between the challenged guideline and the injuries they allege. … With respect to paper, the GPO could, for instance, require any acceptable bid to contain no less than 30 percent post-consumer waste fiber content and then select the lowest cost bid among all qualifying bids. 97 .... 98

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.

Nelson v. United States

208 F.2d 505 · Court of Appeals for the D.C. Circuit · Jul 2, 1953

Clearly the Government thought not. It did not mention the subject in this court, but undertook to meet Nelson’s constitutional contentions on their merits. … Government to meet that argument merely illustrate the familiar rule that “the criterion of immunity [is] not the ownership of property but the ‘physical or moral compulsion’ exerted” by federal officials in obtaining its

Troy v. Post, Jr. v. United States of America, Bill M. Allen v. United States of America, Leroy W. Pickett v. United States

407 F.2d 319 · Court of Appeals for the D.C. Circuit · Feb 24, 1969

Life members would be immunized from all dues, assessments and minimum spending requirements, but regular members would be required to pay monthly dues. … Golf Contractors came into the conservatorship several months after it was established. .

Federal Trade Commission v. Beatrice Foods Company and Tropicana Products, Inc

587 F.2d 1225 · Court of Appeals for the D.C. Circuit · Sep 19, 1978

Gould is a qualified economist. 19. For purposes of analyzing the share of market, Dr. Gould analyzed and applied the Florida Citrus Commission statistics to the United States and the Nine State Area. … Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.

United States v. Charles W. Ramsey, United States of America v. James W. Kelly

538 F.2d 415 · Court of Appeals for the D.C. Circuit · Jun 10, 1976

If I am right about this then I think a sealed envelope acquires no additional protection or immunity from search because it moves through international mail, rather than in a traveller's luggage or on his person. … And in most cases, a piece of mail will clearly fall on one side of a common sense dividing line between "letters" and "packages." See, e. g., Tr. of Oct. 25, 1974 Hearing, at 23.

Cable News Network, Inc. v. Fed. Bureau of Investigation

293 F. Supp. 3d 59 · Court of Appeals for the D.C. Circuit · Feb 2, 2018

If the agency so establishes, it must then demonstrate that a particular subpart of Exemption 7 applies. … Under that doctrine, "materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record." Cottone v. Reno , 193 F.3d 550 , 554 (D.C.

Population Institute, Population Council v. M. Peter McPherson Administrator Population Institute, William S. Green v. M. Peter McPherson Administrator

797 F.2d 1062 · Court of Appeals for the D.C. Circuit · Aug 12, 1986

The Administrator asserts that 30 [e]veryone would agree that some kinds of "assistance" constitute "participation," while others do not; and one may posit a wide spectrum of factual situations, some clearly qualifying as … Any harm they suffer by delay in disbursement is outweighed by the clearly irreparable harm that appellant would sustain absent an injunction. 4.

H. Max Ammerman v. Lou Miller

488 F.2d 1285 · Court of Appeals for the D.C. Circuit · Nov 21, 1973

Block, Miller’s attorney, clearly manifests that after Melnick and Robinson defaulted on their notes, Block’s demands on Wolman and Ammerman were premised on their guaranty (the Consent Agreements). … It is our conclusion that pursuant to Maryland law, the defense of usury is available to Ammerman as a guarantor, and has been established.

Democratic National Committee v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., Intervenors

481 F.2d 543 · Court of Appeals for the D.C. Circuit · Jun 29, 1973

In light of these established principles it is clear that DNC was not entitled automatically to any right to reply. … At times the President speaks to crucial problems to which other groups are far more qualified to speak.

Keryn Newman v. FERC

22 F.4th 189 · Court of Appeals for the D.C. Circuit · Dec 28, 2021

FERC clearly erred in reading Account 426.4’s second clause as implicitly limited to expenditures for the purpose of directly influencing the decisions of public officials. … * * * The language of Account 426.4’s Official Decisions Clause clearly encompasses the disputed expenditures.

American Library Ass'n v. Federal Communications Commission

401 F.3d 489 · Court of Appeals for the D.C. Circuit · Mar 15, 2005

As we have noted, the court clearly has the authority to seek information from a party, either before, during, or after oral argument, to clarify standing. … Do any of petitioners’ members qualify as “accredited nonprofit educational institution[s]” under 17 U.S.C. § 110 ?