Case law

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.

National Customs Brokers & Forwarders Association Of America, Inc. v. United States

883 F.2d 93 · Court of Appeals for the D.C. Circuit · Jun 30, 1989

Stressing that the Act was not ambiguous--it "was clearly designed to end soring," id. … The Commission maintains control over these changes in a licensee's organization, the FMC states, simply and solely to insure that only qualified entities operate as forwarders: "The prior approval procedure ... allows the

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

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.

Smithkline Corp. v. Food & Drug Administration

587 F.2d 1107 · Court of Appeals for the D.C. Circuit · Jun 22, 1978

Although this may establish that Dexamyl is not identical to the drugs named in the February 12, 1973 notice, it in no way establishes that SKF’s products are not similar or related to the named combinations. … Nor will a merely pro forma affidavit suffice to establish the existence of such an issue if, for example, FDA evidence establishes peradventure that the affidavit is legally irrelevant or manifestly infirm.

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).

Roseberry-Andrews v. Dep't of Homeland Sec.

299 F. Supp. 3d 9 · Court of Appeals for the D.C. Circuit · Mar 13, 2018

So the agency must do more to explain its methodology, and it must explain its reasoning more clearly."). … But "[n]ot every document created by a government lawyer ... qualifies for the privilege (and thus, the exemption)." NACDL , 844 F.3d at 251 . The D.C.

Hunton & Williams LLP v. U.S. Envtl. Prot. Agency

346 F. Supp. 3d 61 · Court of Appeals for the D.C. Circuit · Sep 27, 2018

However, because each document that does not qualify as work product was permissibly withheld pursuant to the deliberative process privilege, they need not be released. B. … Every other sample document that was mislabeled as qualifying for withholding under either the attorney-client or work product privilege was properly withheld pursuant to the deliberative process privilege.

Association of Civilian Technicians, Montana Air Chapter v. Federal Labor Relations Authority

756 F.2d 172 · Court of Appeals for the D.C. Circuit · Mar 8, 1985

“[rjeduction in force will be by seniority as listed on tenure lists of competitive areas.” 5 Proposal 5 would establish a system of displacement rights, under which an employee potentially affected by a RIF would be permitted … to assume the position of an employee with less seniority, so long as the senior employee either was qualified or could be retrained for the new position. 6 Proposal 8 similarly would allow certain technicians who had been

International Ass'n v. National Labor Relations Board

110 F.2d 29 · Court of Appeals for the D.C. Circuit · Nov 20, 1939

Westlund, on direct • examination, denied Keil’s statement, but on cross-examination qualified the denial by saying he had no recollection of hearing C. I. O. mentioned. … There may be others; but, unless the finding of the Board is clearly arbitrary upon the point, the-court is bound' by its finding.” 103 F.2d at p. 819 .

Gladys Banks v. Chesapeake and Potomac Telephone Company

802 F.2d 1416 · Court of Appeals for the D.C. Circuit · Oct 20, 1986

These decisions of the Fifth, Sixth and Eleventh Circuits are clearly relevant to the instant case. … York, 326 U.S. 99 , 107-12, 65 S.Ct. 1464, 1469-71 , 89 L.Ed. 2079 (1945), and the borrowing provision of section 1988 clearly rests on similar principles.

Northpoint Technol v. FCC

Court of Appeals for the D.C. Circuit · Jul 15, 2005

Instead, it simply shifts the burden for avoiding harmful interference in those instances from the MVDDS providers to the DBS providers–something that is clearly not barred by the RLBSA. … The FCC has promulgated various regulations governing the processing of such applications and establishing certain filing deadlines.

Brigadier General Roland F. Cinciarelli v. The Honorable Ronald Reagan, President of the United States

729 F.2d 801 · Court of Appeals for the D.C. Circuit · Mar 6, 1984

Also, under established Marine Corps policy general officer slots went to career rather than to reserve officers. … When in an EAJA suit the issue is whether the government’s factual argument is substantially justified, the reviewing court will overturn a District Court’s determination only if it is clearly erroneous.

United States v. Demetrius Green

Court of Appeals for the D.C. Circuit · Aug 12, 2025

The handgun’s muzzle flash was clearly visible on the recording. See Gov’t Exs. 53 & 54. The footage also showed a male stepping out of the same door at around 12:25 p.m. See Gov’t Ex. 52. … Green has also not established—and indeed disclaims—that 917 Wahler was his residence or abode, where a subjective expectation of privacy might be more readily established.

TelecomUSA, Inc. v. United States

192 F.3d 1068 · Court of Appeals for the D.C. Circuit · Oct 15, 1999

. § 49(d)(1)(A). 13 Hence, to establish the amount by which the basis must be reduced, we must look to “the amount of the credit so determined” under section 46(a). … According to Telecom, the Conference Report on the Act clearly demonstrates that Congress intended basis adjustments to reflect the haircut applied to carryforward credits. 20 That Report states, in pertinent part: Full basis

National Mining Ass'n v. Department of Labor

292 F.3d 849 · Court of Appeals for the D.C. Circuit · Jun 18, 2002

For example, the new s 725.204 describes criteria for determining whether a claimant qualifies for augmented benefits as a miner's spouse. … that ... the meaning of the disputed provisions does not appear clearly until the case is before the courts of appeals.

Democratic Senatorial Campaign Committee v. Federal Election Commission, National Republican Senatorial Committee, Intervenor

660 F.2d 773 · Court of Appeals for the D.C. Circuit · Oct 9, 1980

Section 441a(d)(3) not only designates spending limits with mathematical rigor; it also confers authority to reach those limits on two named committees, both clearly identified *779 by statutory definitions. … Nor do we understand either the FEC or the NRSC to contend that the NRSC qualifies as a “subordinate committee of a State committee,” the third kind of committee to which Section 441a(d)(3) refers.

Direct Marketing Association, Inc. 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.

Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission

826 F.2d 1074 · Court of Appeals for the D.C. Circuit · Aug 11, 1987

For another thing, the Commission's ruling in that solitary proceeding can scarcely be viewed as "well established." … Merwin clearly qualifies as a case of first impression under the Retail, Wholesale analysis, which, the dissent acknowledges, is the "seminal case fixing the law of the circuit for retroactive application of agency adjudications

Gilardi v. United States Department of Health & Human Services

733 F.3d 1208 · Court of Appeals for the D.C. Circuit · Nov 1, 2013

The Framers of the Constitution clearly embraced the philosophical insight that government coercion of moral agency is odious. … Jaycees , the government’s proposed solution clearly impinges on other core prerogatives. B Let us assume, however, the government has a compelling interest.