Case law

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.

Cobell, Elouise v. Norton, Gale

392 F.3d 461 · Court of Appeals for the D.C. Circuit · Dec 10, 2004

Section 5 of the Dawes Act nominally made the United States trustee of those lands, but did so solely in order to limit alienation by Indians and to assure immunity of the lands from state taxation. See United States v. … But the Court also said that an appellate court must apply any law enacted after the judgment under review and clearly intended to have retroactive effect. See id. at 226.

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.

Mozilla Corporation v. FCC

940 F.3d 1 · Court of Appeals for the D.C. Circuit · Oct 1, 2019

In re Establishment of a Funding Mechanism for Interstate Operator Servs. for the Deaf, 11 FCC Rcd. 6808, 6816–6817 ¶ 16 (1996) (“Operator Services Order”). Which services qualify as adjunct-to-basic? … But those purposive qualifiers are nowhere to be found in the statutory text.

Petchem, Inc. v. Federal Maritime Commission

853 F.2d 958 · Court of Appeals for the D.C. Circuit · Aug 9, 1988

The Act clearly contemplates the existence of permissible preferences or prejudices. The analogues in the 1984 Act contain similar modifying adjectives, see 46 U.S.C. app. Sec. 1709(b)(11)-(12) & (d)(1) (Supp. … As Petchem grows in experience, there is no reason to believe the company may not in time qualify to be among the bidders.

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.

Ctr Auto Sfty v. Natl Hwy Traf Sfty

452 F.3d 798 · Court of Appeals for the D.C. Circuit · Jun 23, 2006

Cir. 1985) (“The Supreme Court has clearly indicated that the Administrative Procedure Act itself, although it does not create subject-matter jurisdiction, Califano v. … But de facto compliance is not enough to establish that the guidelines have had legal consequences.

So Co Svc Inc v. FCC

Court of Appeals for the D.C. Circuit · Dec 20, 2002

This argument fails, because the cited provisions do not establish what parties qualify as "attaching entities" for pur- poses of apportioning costs under s 224(e)(2). … In sum, the agency's interpretation of s 224(e)(2) is clearly a permissible interpretation of the stat- ute to which we must defer.

American Federation of Government Employees v. FLRA

99 F.4th 585 · Court of Appeals for the D.C. Circuit · Apr 23, 2024

Kyne, 358 U.S. 184 (1958), we conclude that none of the errors asserted here qualifies.” 842 F.2d at 490.  11 By that, Griffith could not have meant that Kyne creates jurisdiction where … Kyne establishes district court jurisdiction to review FLRA arbitration decisions because § 7123 does not “expressly” preclude it.

Stewart v. Smith

673 F.2d 486 · Court of Appeals for the D.C. Circuit · Mar 9, 1982

We must begin by admitting that the plain language of section 3307(d) is not clearly inconsistent with the ADEA. … In order to qualify as a bona fide occupational qualification, it is generally established that a maximum age entry rule would have to meet a two pronged test: (1) that the rule is “reasonably necessary” to the essence of

Domtar Maine Corp. v. Federal Energy Regulatory Commission

347 F.3d 304 · Court of Appeals for the D.C. Circuit · Oct 28, 2003

No. 64–234, 39 Stat. 534 (1916), and thus qualify for the exception to the FPA’s licensing requirement. … This is so because a party could almost never move to intervene, have the motion granted, and then petition for rehearing all within the thirty- day window established for the filing of rehearing petitions. See id.

Environmental Action, Inc. v. Federal Energy Regulatory Commission

939 F.2d 1057 · Court of Appeals for the D.C. Circuit · Aug 2, 1991

Put otherwise, the PURPA establishes a specific public interest in encouraging QFs by giving them certain rights. … transmission needs--tends only to corroborate the Commission's forecast of a competitive market in excess non-firm transmission capacity. 36 Even if the parties' predictions regarding the emergence of a non-firm market were more clearly

Martin, Harold v. DOJ

Court of Appeals for the D.C. Circuit · Jun 1, 2007

“Of the records plaintiff sought in the supplemental complaint, the FDIC has established that the 1991 [FDIC] Report of Apparent Crime in which Mr. … We therefore agree with the district court that the 1992 Memo qualified for protection in its entirety as attorney work-product because it contains facts “integral to the legal analyses and discussions of investigation strategy

Citizens to Save Spencer County v. United States Environmental Protection Agency, Alabama Power Company, American Petroleum Institute, Sierra Club, Bf Goodrich Company, American Paper Institute, Hoosier Energy Division, Mountain Fuel Supply Company, Montana Power Co., Natural Resources Council of Maine, Pittston Co., Intervenors. Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency Northern Cheyenne Tribe v. United States Environmental Protection Agency, Montana Power Co., Intervenors. Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, Natural Resources Council of Maine, Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, the Bf Goodrich Company v. United States Environmental Protection Agency, and Douglas M. Costle, Administrator, Hampton Roads Energy Company v. Douglas M. Costle, Administrator, Environmental Protection Agency, Northern Cheyenne Tribe, Sierra Club, and Friends of the Earth v. United States Environmental Protection Agency, the Montana Power Company v. Environmental Protection Agency and Douglas M. Costle, Administrator, Northern Cheyenne Tribe v. United States Environmental Protection Agency, Pittston Company, Colorado Interstate Gas Co., Ideal Basic Industries, Inc., Intervenors. Niagara Mohawk Power Corporation v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, the Pittston Company v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, American Paper Institute and the National Forest Products Association v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, Manufacturing Chemists Association, Chemical Products Corporation, Dow Chemical Company, Fmc Corporation, Monsanto Company, Ppg Industries, Inc., Rohm and Haas Company, Stauffer Chemical Company, Union Carbide Corporation, Allied Chemical Corporation v. Environmental Protection Agency, Alabama By-Products Corporation v. United States Environmental Protection Agency, Koppers Company, Inc. v. Environmental Protection Agency and Douglas M. Costle, Administrator of Epa, Usm Corporation v. Environmental Protection Agency and Douglas M. Costle, Administrator, Epa

600 F.2d 844 · Court of Appeals for the D.C. Circuit · Jul 17, 1979

aim to establish a new regulatory scheme. … (the law's) seeming harshness or to qualify its apparent absolutes . . . ."); United States v.

Volkswagenwerk Aktiengesellschaft v. Federal Maritime Commission

371 F.2d 747 · Court of Appeals for the D.C. Circuit · Dec 22, 1966

Petitioner argues that, giving the statutory language its plain meaning and a reasonable interpretation, the PMA agreements clearly serve to bring about all of these proscribed consequences. … Petitioner, however, is not able to point to any direct testimony establishing that such an agreement was made.

Channel 51 of San Diego, Inc. v. Federal Communications Commission, and Fox Television Stations, Inc., Intervenors

79 F.3d 1187 · Court of Appeals for the D.C. Circuit · Mar 29, 1996

But this language merely establishes electrical interference as the primary criterion to be considered — not the only criterion. … This provision clearly affects the FCC’s ABC 1972 holding that the presence of a domestic competitor willing to serve as a network affiliate weighs against granting a permit to a foreign station.

Cellco Partnership v. NLRB

Court of Appeals for the D.C. Circuit · Jun 19, 2018

We also reject the ALJ and Board’s alternative finding that even if she did lie, it was within the context of an inquiry into protected activity, and therefore immune. I. … Since she had been clearly reminded at the outset of each interview of the provision in its Code of Conduct requiring honesty during investigations, Verizon decided, in mid-June, to terminate Eshareturi.

Delta Air Lines, Inc. v. Civil Aeronautics Board, City of Nashville and the Nashville Chamber of Commerce, City of Tampa, Florida, and the Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and the Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Eastern Air Lines, Inc., Intervenors. American Airlines, Inc. v. Civil Aeronautics Board, City of Tampa, Florida, and the Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and the Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Eastern Air Lines, Inc., Intervenors. Eastern Air Lines, Inc. v. Civil Aeronautics Board, City of Tampa, Florida, and the Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and the Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Delta Air Lines, Inc., Intervenors. National Airlines, Inc. v. Civil Aeronautics Board, City of Tampa, Florida, and the Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and the Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Intervenors

275 F.2d 632 · Court of Appeals for the D.C. Circuit · Dec 10, 1959

The Board said in that connection: '* * * it is necessary to establish a framework in which all major southern transcontinental service issues as a whole can be determined for the foreseeable future.' … The Board recited that there is no mutual exclusivity, but the quotations hardly qualify as 'findings'.

Jane Doe 2 v. Patrick Shanahan

917 F.3d 694 · Court of Appeals for the D.C. Circuit · Mar 8, 2019

The concurrence cites no case that has adopted the astounding rule that the government is immune from all discovery explaining the operation and purpose of its military policies. … (B) Gender dysphoria was clearly a bar to military service (at least as clearly as one can say, given changes in nomenclature).

Aeronautical Radio, Inc. v. Federal Communications Commission

642 F.2d 1221 · Court of Appeals for the D.C. Circuit · Jun 24, 1980

A prime objective was to establish market rules for established and emerging carriers. 13 And the agency was at pains to avoid placing a “protective umbrella” over new carriers. 61 F.C.C.2d at 615-19. … This treatment cannot qualify as reasoned decisionmaking. AT&T has pointed to certain record evidence, none of which is mentioned or discussed by the Commission, which substantiates its position.