Case law

Southwire Company v. National Labor Relations Board

820 F.2d 453 · Court of Appeals for the D.C. Circuit · Jun 12, 1987

Truth is certainly a virtue, but it would not immunize an employer’s statement that all employees who sign union authorization cards will be fired. See J.P. Stevens, 638 F.2d at 685. II. … But circumstantial evidence alone may establish unlawful motivation in a § 8(a)(3) case. NLRB v. Link-Belt Co., 311 U.S. 584, 602 , 61 S.Ct. 358, 367 , 85 L.Ed. 368 (1941).

Railway Labor Executives' Association v. U.S. Railroad Retirement Board

842 F.2d 466 · Court of Appeals for the D.C. Circuit · Mar 25, 1988

Canada’s Minister of Employment and Immigration duly promulgated regulations establishing guidelines for the issuance of employment authorizations. … But our holding today establishes that those employees and pensioners have obviously not been adversely affected by the delay (as opposed to the decision itself).

Garnett v. Zeilinger

301 F. Supp. 3d 199 · Court of Appeals for the D.C. Circuit · Mar 28, 2018

plaintiffs "must not have antagonistic or conflicting interests with the unnamed members of the class" and (2) that the named representatives "must appear able to vigorously prosecute the interests of the class through qualified … But the statutory scheme provides the requisite level of *212 specificity: it sets clear timelines for handling SNAP benefit applications and recertification notices and clearly mandates that States follow them.

United States v. Raymond Watson, Jr., in Re Sealed Case

57 F.3d 1093 · Court of Appeals for the D.C. Circuit · Aug 2, 1995

But it is well established that a court may not order a departure on the ground of the defendant's assistance if the government does not so move under section 5K1.1. See United States v. … "To qualify as 'mitigating' a circumstance must be linked to one of the stated purposes of sentencing, i.e., just punishment, adequate deterrence, public protection, or rehabilitation." United States v.

Kiro, Incorporated, Licensee, Kiro-Tv, Seattle, Washington v. Federal Communications Commission and the United States of America, Vanhu, Inc., Intervenor. Kiro, Incorporated, Licensee of Kiro-Tv, Seattle, Washington v. United States of America and Federal Communications Commission, United Community Antenna Systems, Inc., Intervenor. In Re Kiro, Inc.

631 F.2d 900 · Court of Appeals for the D.C. Circuit · Jul 7, 1980

Simultaneous Duplication Regulations 13 Under the Commission's simultaneous duplication regulations, qualifying television stations are entitled to protection unless a duplicating CATV system can qualify for a waiver. 26 … Our rules clearly protect against the latter. We should also protect against the greater threat.

Consolidated Rail Corp. v. Interstate Commerce Commission

29 F.3d 706 · Court of Appeals for the D.C. Circuit · Jul 22, 1994

Additionally, a state, political subdivision or qualified private party must be willing to assume full responsibility for the line during its interim use. Id. … At the $7 million level the plan is clearly economically infeasible.

Lewis v. Pension Benefit Guaranty Corp.

912 F.3d 605 · Court of Appeals for the D.C. Circuit · Aug 21, 2018

This seems to conflict with the second, italicized half of § 1344(c), which clearly assigns all post-termination gains and losses to the Corporation. See Kinek v. … In addition, ERISA repeatedly qualifies the fiduciary status of post-termination trustees "to the extent that the provisions of [Title IV] are inconsistent" with fiduciary requirements. Id. § 1342(d)(3).

Dilley v. Alexander

627 F.2d 407 · Court of Appeals for the D.C. Circuit · May 15, 1980

Congress has clearly provided that promotion boards without Reserve officers among their members cannot pass on the promotional prospects of Reserve officers. … For those appellants who do not qualify for and choose to retire pursuant to this relief of constructive service, the Secretary should ensure that records contain Officer Efficiency Reports for the period of illegal discharge

National Association of Motor Bus Owners v. Claude S. Brinegar, Secretary of the Department of Transportation

483 F.2d 1294 · Court of Appeals for the D.C. Circuit · Aug 22, 1973

Section 103 by its terms applies only to orders establishing standards under Title I. … section 204(a) are not "practicable"-that is, even though it is not "practicable" to produce a regrooved tire that meets those requirements-the use of regrooved tires is still prohibited. 50 The appellants argue that they are immune

United States v. Lawrence Daniel Caldwell, A/K/A Thomas E. Morgan, (Two Cases). United States of America v. Eros A. Timm, (Two Cases)

543 F.2d 1333 · Court of Appeals for the D.C. Circuit · Sep 23, 1976

The weapons offenses 16 were established in part by defense stipulations as to basic elements such as non-registration and non-possession of gun licenses. … We note, in the same vein, that there was no general right to a grant of governmental immunity to Ms. Fletcher to secure her testimony in Timm’s behalf. Earl v.

Humane Society of the United States v. Ryan Zinke (Lead)

865 F.3d 585 · Court of Appeals for the D.C. Circuit · Aug 1, 2017

Indiana, Illinois, Ohio, and Iowa, “do not contain suitable habitat [for gray wolves] or currently established packs[.]” Id. … Cir. 2002) (“Normally when an Agency * * * clearly violates the APA we would vacate its action[.]”).

Amparo Cardenas v. William French Smith, Attorney General of the United States

733 F.2d 909 · Court of Appeals for the D.C. Circuit · Apr 17, 1984

Cardenas clearly suffered an injury in fact. … This provision establishes only that the right to appeal in Switzerland is to be governed by Swiss laws. Nothing indicates that the right to appeal is available only in Switzerland.

Local Union No. 9735, United Mine Workers of America v. National Labor Relations Board

258 F.2d 146 · Court of Appeals for the D.C. Circuit · Jun 20, 1958

That provision clearly contemplates that the parties may make separate arrangements at particular mines regarding shift seniority. … N.L.R.B., 1 the majority is departing from well established limits on our scope of review of Board action and substituting its judgment for that of the agency which Congress established to administer the Labor Act. 17 Stripped

United States v. Deborah Gore Dean

55 F.3d 640 · Court of Appeals for the D.C. Circuit · Sep 13, 1995

The Department determined which public housing authorities were qualified to participate in the program, 24 C.F.R. § 882.501 (1982), and allocated funds to qualified public housing authorities under one-year contracts, 24 … Because the evidence is not sufficient to show that the conspiracy continued beyond November 1, 1987, the district court clearly erred in applying the Guidelines to Dean’s sentence under Count One and we therefore vacate

International Union of Electrical, Radio and Machine Workers, Afl-Cio v. United States

280 F.2d 645 · Court of Appeals for the D.C. Circuit · Jul 25, 1960

But in the Opinion and Final Decision which accompanied its order of May 26, 1959, by interpolating the phrase we emphasize, the Commission qualified the finding: "22. … This clearly implies that evidence does not now establish that the reactor can be so operated.

Southeast Shipyard Ass'n v. United States

979 F.2d 1541 · Court of Appeals for the D.C. Circuit · Nov 24, 1992

We will assume the two sentences in the House Report qualify as a “clearly expressed” intention contrary to the meaning of the words of the savings clause. … The corporation owning the vessel must be "established under the laws of the United States or of a State.” 46 U.S.C. § 12102 (a)(4).

Grell v. Trump

330 F. Supp. 3d 311 · Court of Appeals for the D.C. Circuit · Sep 12, 2018

Subject Matter Jurisdiction Under Rule 12(b)(1), a plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. … issue to a coordinate political department; or [2] a lack of judicially discoverable and manageable standards for resolving it; or [3] the *317 impossibility of deciding without an initial policy determination of a kind clearly

In Re Sealed Case (Juvenile Transfer)

893 F.2d 363 · Court of Appeals for the D.C. Circuit · Jan 9, 1990

Livesay, 437 U.S. 463, 468 , 98 S.Ct. 2454, 2457 , 57 L.Ed.2d 351 (1978), the Supreme Court summarized the threefold test established originally in Cohen v. … They are quite clearly independent and as yet uncharged offenses in their own right. Additionally, § 5032 of the Act sets out precisely which offenses precipitate transfer hearings, and conspiracy is not among them.

Lodge 1858, American Federation of Government Employees v. James E. Webb, Administrator, National Aeronautics and Space Administration, Lodge 1858, American Federation of Government Employees v. James E. Webb, Administrator, National Aeronautics and Space Administration Appeal of National Council of Technical Service Industries

580 F.2d 496 · Court of Appeals for the D.C. Circuit · Apr 19, 1978

The RIF procedure 2 requires that employees be laid off only if they cannot be placed in alternative available positions for which they are qualified at Marshall. … The exception was intended to enable NASA to recruit qualified scientists, engineers, and other personnel on a prompt basis without regard to civil service limitations. 12 16 Subsection (b)(5) specifically concerns support

LeFande v. District of Columbia

841 F.3d 485 · Court of Appeals for the D.C. Circuit · Nov 8, 2016

The dismissal therefore qualifies as a Rule 41(a)(2) voluntary dismissal. … With our statutory jurisdiction established, the only remaining question is whether we have Article III jurisdiction.