Case law

CONSUMERS UNION OF v. FEDERAL TRADE COMMISSION

801 F.2d 417 · Court of Appeals for the D.C. Circuit · Sep 2, 1986

That it made such a remand, however, is unquestionable, and that decision is, at the very least, the law of this case if not an entirely separate determination of another court immune from collateral attack here. … Even so, establishing a manufacturer's knowledge of a defect has been one of the most difficult aspects of these cases.

Ken McWatters v. ATF

Court of Appeals for the D.C. Circuit · Feb 11, 2025

McWatters disputes that the contents of the recording establish a cognizable privacy interest. … Cir. 2011) (explaining that Exemption 7(C) “establishes a lower bar for withholding material” than does Exemption 6).

American Farm Bureau Federation v. Environmental Protection Agency

559 F.3d 512 · Court of Appeals for the D.C. Circuit · Feb 24, 2009

We review the actions of the EPA to determine whether they are “(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … The amendments established a procedure for classifying nonattainment areas and setting the date by which an area must attain compliance with the NAAQS.

John Doe v. William J. Casey, Director, C.I.A.

796 F.2d 1508 · Court of Appeals for the D.C. Circuit · Aug 1, 1986

Otherwise, the words of section 102(c) would become nothing more than a magical incantation immunizing wholly irrational, vindictive or even blatantly unconstitutional action. … Clearly these same factors would also constitute an abuse of discretion in the context of section 102(c) terminations. . See Wayte v.

PHH Corp. v. Consumer Financial Protection Bureau

881 F.3d 75 · Court of Appeals for the D.C. Circuit · Jan 31, 2018

S.Ct. 2894 , 57 L.Ed.2d 895 (1978) (holding, among other things, that safeguards from political influence entitled the Secretary of Agriculture’s designee, who rendered final decisions in agency adjudications, to absolute immunity … the interpretation of “inefficiency” for lower-level federal workers is instructive, but not dispositive, because no one imagines that federal employees are entitled to be “independent” of their bosses in the way Congress clearly

British Caledonian Airways Ltd. v. Bond

665 F.2d 1153 · Court of Appeals for the D.C. Circuit · Sep 2, 1981

In contrast, several provisions of the Chicago Convention clearly require the contracting states, as distinguished from ICAO, to take the necessary steps under national law to implement the purposes of those provisions. … (e) Aviation fuel standards; establishment, implementation and enforcement The Secretary of Transportation shall prescribe, and from time to time revise, regulations (1) establishing standards governing the composition or

Warshawsky & Co. v. National Labor Relations Board

182 F.3d 948 · Court of Appeals for the D.C. Circuit · Jul 9, 1999

The Board in DeBartolo had argued the proviso was an exception to the secondary boycott provisions, and therefore if a union was engaging in public handbilling, but handbilling that did not qualify under the proviso because … a strident attack on Automotion’s substandard wages and, most significantly, the lugubrious prediction that “Ignoring the Area Standards Threatens the Efforts And Sacrifices Of All Union Members” (emphasis added), which clearly

Arthur Jones v. United States

284 F.2d 245 · Court of Appeals for the D.C. Circuit · Dec 2, 1960

Ryan had to deal with only 40, may well have influenced the trial judge in making his decision that sanity had been established. 49 Moreover, although Dr. … I would say it was not superficial in the sense that the key to the whole diagnosis here lay in the ability to follow certain nuances and feeling which I felt were very clearly evidnet in this, which I have described, this

Building & Construction Trades Department v. Brock

838 F.2d 1258 · Court of Appeals for the D.C. Circuit · Feb 2, 1988

It believes that OSHA ought to have established comparability between that method and those used in the feasibility studies on which OSHA relied. … BCTD objects that OSHA has not spelled out clearly enough what qualifies as “objective data.” BCTD Brief at 56-58.

Imapizza, LLC v. At Pizza Ltd.

334 F. Supp. 3d 95 · Court of Appeals for the D.C. Circuit · Sep 24, 2018

Compl. ¶¶ 6, 11. 1 "&pizza is an anti-establishment establishment" that prides itself on its "creative pies and craft beverages, localized shop design, and the strength, unity and vibe of its living-wage-paid, ampersand-tattooed … Nonetheless, the Court concludes that, when all factual disputes are resolved and inferences are drawn in IMAPizza's favor, some of Dhir's contacts with the District qualify as business transactions under § 13-423(a)(1).

UAB Skyroad Leasing v. Ojsc Tajik Air

Court of Appeals for the D.C. Circuit · Jun 17, 2022

The Foreign Sovereign Immunities Act allows U.S. courts to exercise personal jurisdiction over a “foreign state,” including “an agency or instrumentality of a foreign state,” 28 U.S.C. § 1603(a), in any case where subject-matter … These requirements establish personal jurisdiction over “actual foreign government[s],” which “are not ‘persons’ protected by the Fifth Amendment.” Price v.

Hawaiian Telephone Company v. Federal Communications Commission, Rca American Communications, Inc., Intervenor. Gte Satellite Corporation v. Federal Communications Commission, American Satellite Corporation, Intervenor. Gte Satellite Corporation v. Federal Communications Commission, Gte Satellite Corporation v. Federal Communications Commission, Western Union International, Inc. And American Satellite Corporation, Intervenors. Hawaiian Telephone Company v. Federal Communications Commission, American Satellite Corporation, Intervenor. Hawaiian Telephone Company v. Federal Communications Commission, American Satellite Corporation and Western Union International, Inc., Intervenors. Hawaiian Telephone Company v. Federal Communications Commission, Gte Satellite Corporation and Rca American Communications, Inc., Intervenors. Gte Satellite Corporation v. Federal Communications Commission, Rca American Communications, Inc., Intervenor

589 F.2d 647 · Court of Appeals for the D.C. Circuit · Dec 19, 1978

As used in this section the term "line" means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing … Clearly, however, the pivotal determinations in the cases before us were those made under § 214. 3 See Text at notes 11-13 and note 6 Infra 4 Appellants make other, less weighty, arguments, which are discussed at note 13

Louisiana Environmental Action Network v. United States Environmental Protection Agency

172 F.3d 65 · Court of Appeals for the D.C. Circuit · Mar 26, 1999

LEAN, by contrast, evidently an organization of environmentally concerned citizens and groups, clearly meets prudential standing requirements. … LEAN argues that both considerations are improper under the statute. 13 Whether EPA's words qualify as a "regulation" under RCRA's judicial review provision, 42 U.S.C. § 6976 (a)(1) (providing review within 90 days of action

Stephens v. US Airways Group, Inc.

908 F. Supp. 2d 10 · Court of Appeals for the D.C. Circuit · Dec 7, 2012

See Lindsay, 251 F.R.D. at 55 (“A proposed representative is ‘adequate’ if (1) his interests do not conflict with those of other class members, and (2) he will vigorously prosecute the interests of the class through qualified … While futility is an exception to the general principle of exhaustion, it is “ ‘quite restricted,’ and has been applied only when resort to administrative reme *17 dies is ‘clearly useless.’ ” Commc’ns Workers, 40 F.3d at

May, James v. Shuttle Inc

Court of Appeals for the D.C. Circuit · Nov 12, 1997

"[U]nions should not be able to immunize their mem- bers from market forces merely by engaging in conduct virtually certain to provoke anti-union feeling." Id. at 902. … The Court rejects all of plaintiffs' state law claims because such claims are clearly preempted by the Railway Labor Act or ERISA.

Delta Data Systems Corporation v. William H. Webster, Director, Federal Bureau of Investigation, and System Development Corporation, (Two Cases)

744 F.2d 197 · Court of Appeals for the D.C. Circuit · Sep 21, 1984

The equipment was to form part of the FBI’s’ nationwide information and communications system, and was to be “Tempest-qualified,” i.e., proof against electronic eavesdropping. … The only other appellate decision of this circuit cited by Delta Data in support of the proposition that courts can order award of a contract to which the plaintiff has not clearly established its right is this court's summary

George Banta Company, Inc. v. National Labor Relations Board

686 F.2d 10 · Court of Appeals for the D.C. Circuit · Aug 15, 1982

If the General Counsel can control this process, then the General Counsel can indeed usurp the Board's responsibility for establishing policy under the Act .... 65 Frito Co. v. … NLRB, 303 F.2d 668, 670-73 (6th Cir. 1962), cert. denied, 373 U.S. 931 , 83 S.Ct. 1533 , 10 L.Ed.2d 689 (1963) (destructive of right to strike for employer to promise pre-strike employees who abandon a strike immunity from

The C & P Telephone Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor

564 F.2d 503 · Court of Appeals for the D.C. Circuit · Aug 5, 1977

From the record itself the accident is clearly not the sole cause of claimant’s total disability. Use of semantics in concluding that a pre-existing condition is not a previous disability in this instance is erroneous. … It is true that the situations listed in § 8(c)(l)-(20) or § 8(c)(21) would qualify as a permanent partial disability under new § 8(f), but cases listed in § 8(c) are themselves compensable and the term “disability” under

George Banta Co. v. National Labor Relations Board

686 F.2d 10 · Court of Appeals for the D.C. Circuit · Aug 13, 1982

NLRB now observes, “to hold that the Board is bound by *301 counsel for the General Counsel’s understanding or, in this case, misunderstanding of applicable law ... would be to assign to the General Counsel matters that clearly … NLRB, 303 F.2d 668, 670-73 (6th Cir. 1962), cert. denied, 373 U.S. 931 , 83 S.Ct. 1533 , 10 L.Ed.2d 689 (1963) (destructive of right to strike for employer to promise prestrike employees who abandon a strike immunity from

Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation

439 F.2d 477 · Court of Appeals for the D.C. Circuit · Sep 8, 1970

Clearly, knowledge of some offenses by appellant was not notice to appellee (App.54). Neither were requests for improved security. … She was a qualified public stenographer. It is concluded from the foregoing that some businesses were on the same floor as appellant’s apartment outside of which the assault occurred. .