Case law
Opinions from 1658 to today.
6,967 results
1.32s
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.
Cited 60 timesPublishedLeague of Women Voters v. Brian Newby
Court of Appeals for the D.C. Circuit · Sep 26, 2016
As the Tenth Circuit observed, “[t]his is one of those instances in which the dissent clearly tells us what the law is not.” Kobach, 772 F.3d at 1188. … The Newby Decisions, as discussed, make it substantially more difficult for groups like the Leagues to register otherwise qualified voters.
Cited 0 timesPublished645 F.2d 1053 · Court of Appeals for the D.C. Circuit · Feb 26, 1981
The evidence in this case clearly indicates that Delinski's ill health would have been immediately apparent to any employer who chose to take notice of it. … in section 44. 33 U.S.C. § 908 (f) (1976). 10 The special fund was established in the U.S.
Cited 1 timesPublishedUnited States v. Lawrence Kearney
682 F.2d 214 · Court of Appeals for the D.C. Circuit · Jun 18, 1982
Consequently the trial judge was exceptionally well qualified to pass on the affidavits. … Any argument that the conviction should be reversed because Warren’s testimony was not believable is clearly unpersuasive. (See part V infra).
Cited 53 timesPublishedSaint Mary of Nazareth Hospital Center v. Schweiker
718 F.2d 459 · Court of Appeals for the D.C. Circuit · Sep 28, 1983
This provision clearly is meant to prevent the Medicare program from subsidizing non-Medicare related costs, but it equally clearly proscribes Medicare from being subsidized by non-Medicare sources. … Finally, we know why there is so little use of labor/delivery facilities by Medicare patients: elderly women cannot have children, and very few disabled women who qualify for Medicare can or will do so.
Cited 18 timesPublishedJ. Roderick MacArthur Foundation and Lance E. Lindblom v. Federal Bureau of Investigation
102 F.3d 600 · Court of Appeals for the D.C. Circuit · Apr 11, 1997
This is not enough to establish an injury to the Foundation. 30 The Foundation's claim of injury also lacks immediacy. … Although the alleged injuries were clearly speculative and not necessarily fully provable even after the election, the Court held that they nevertheless sufficed to establish standing because they were " 'fairly traceable
Cited 27 timesPublishedIn re Madison Guaranty Savings & Loan
406 F.3d 675 · Court of Appeals for the D.C. Circuit · May 6, 2005
Because we conclude that Moore has not carried his burden of establishing all of the elements of his entitlement, we deny the petition except for a single unique item. I. … The petitioner “bears the burden of establishing all elements of his entitlement.” In re North (Reagan Fee Application), 94 F.3d 685, 690 (D.C.Cir., Spec.Div., 1996) (per curiam).
Cited 0 timesPublishedGompers v. Buck's Stove & Range Co.
33 App. D.C. 516 · Court of Appeals for the D.C. Circuit · Nov 2, 1909
Rep. 356, a witness refused to answer certain questions and produce certain books, on tbe *568 ground of immateriality, claiming immunity also under the 5th Amendment to the Federal Constitution. … This is clearly pointed out by Circuit Judge Yan Devanter, disallowing an appeal from an order like those under review, in the case of Nelson v.
Cited 1 timesPublishedMastro, Brian A. v. Potomac Elec Power
447 F.3d 843 · Court of Appeals for the D.C. Circuit · May 19, 2006
On the discrimination count, the district court concluded Mastro had failed to establish a prima facie case of discrimination because, first, he had not established sufficient “background circumstances” suggesting Appellees … The record clearly demonstrates that Appellees’ publica- tion of the termination memoranda was protected by the com- mon interest privilege and was neither excessive nor imbued with malice.
Cited 490 timesPublishedSierra Club v. Envtl. Prot. Agency
895 F.3d 1 · Court of Appeals for the D.C. Circuit · Jul 6, 2018
is “established.” … Next, the Brick Industry argues that synthetic minor sources do not qualify as “in the category” of major brick plant sources, because treating them as in the same category deprives the phrase of any meaning.
Cited 28 timesPublishedIntermountain Insurance Service of Vail v. Commissioner of Internal Revenue Service
650 F.3d 691 · Court of Appeals for the D.C. Circuit · Jun 21, 2011
We would simply assume Congress intended the text to convey that established pre-reenactment meaning. See Davis v. … Moreover, clearly aware of that debate, Congress added subsection (i) to section 6501(e)(1)(A) to resolve it.
Vacated on other grounds by Intermountain Insurance Service of Vail, LLC v. Commissioner, 566 U.S. 972 (2012)Cited 28 timesPublishedGene Rettig v. Pension Benefit Guaranty Corporation
744 F.2d 133 · Court of Appeals for the D.C. Circuit · Sep 11, 1984
benefits if both the plans providing them and the plan provisions providing the particular benefits had been in existence for more than five years prior to the termination, or if the plans providing the coverage were tax-qualified … Prior to ERISA, there were certain requirements — in particular a requirement that plans not discriminate in favor of management — for pension plans to become "tax-qualified,” or entitled to beneficial federal tax treatment
Cited 85 timesPublished839 F.2d 795 · Court of Appeals for the D.C. Circuit · Feb 16, 1988
EEZ is subject to regulation under the MMPA, Congress clearly envisioned the continuation of that fishing activity within the regulatory framework established by the statute. … The MMC is a separate advisory body whose members are appointed by the President (with the advice and consent of the Senate) from a list of qualified individuals who must be unanimously agreed upon by heads of other specified
Cited 26 timesPublished759 F.2d 905 · Court of Appeals for the D.C. Circuit · Apr 16, 1985
ascertain merely if a site poses a threat to human health or to the environment that warrants further investigation, but is not sufficiently refined to make final determinations of which sites pose threats that definitely qualify … Inclusion of a site on the NPL does not establish that EPA necessarily will undertake response actions.
Cited 2 timesPublishedMercy Hospital, Inc. v. Alex M. Azar II
Court of Appeals for the D.C. Circuit · Jun 8, 2018
As a result, some hospitals would receive a 1 The adjustments are: (i) the “increase factor” adjustment, which reflects price increases in the relevant market; (ii) the “outlier” adjustment, which qualifies a … This is the same determination that, if a hospital directly challenged its step-two rate for relying on an improper LIP formula, would be clearly barred by paragraph (8).
Cited 0 timesPublishedThe Blackwell College of Business v. The Attorney General of the United States
454 F.2d 928 · Court of Appeals for the D.C. Circuit · Mar 6, 1972
. § 1101 (a) (15) (F), which refers in the following terms to such students and institutions: * * * a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely … for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designed [sic?
Cited 35 timesPublishedIn Re: Madison Guaranty Savings & Loan
427 F.3d 981 · Court of Appeals for the D.C. Circuit · May 6, 2005
The petitioner “bears the burden of establishing all elements of his entitlement.” In re North (Reagan Fee Application), 94 F.3d 685, 690 (D.C. Cir., Spec. Div., 1996) (per curiam). … Returning to his own situation, Moore claims that “[a]s in Shultz and Cave, the Court should conclude that [his] attorneys’ fees prior to being immunized would not have been incurred 8 ‘
Cited 0 timesPublishedCourt of Appeals for the D.C. Circuit · Nov 23, 2021
At that time, Hickman was not qualified to serve in the GS-13 role, as he was not yet eligible for the higher GS-13 grade. … The selection official, Claudio Benedi, stated that Hickman was the “clearly superior candidate,” based in part on Hickman’s superior “knowledge of the regulatory process” and his “experience working at the Federal Register
Cited 0 timesUnpublished94 F.4th 39 · Court of Appeals for the D.C. Circuit · Mar 1, 2024
While finding it “unlikely” that Brock intended to take all of the actions referenced in his Facebook posts, the district court found that Brock’s posts offered sufficient evidence “to indicate that he clearly intended to … And the government similarly drops qualifying language from its quotation of United States v. Partin, 552 F.2d 621 (5th Cir. 1977).
Cited 18 timesPublishedHorsehead Resource Development Co. v. Browner
16 F.3d 1246 · Court of Appeals for the D.C. Circuit · Feb 22, 1994
The agency pointed out that the definition of hazardous waste in its final regulations was less stringent than the one it had initially proposed (meaning fewer special wastes would qualify as hazardous wastes), and that the … As discussed above, the plain language of §§ 3004(a) and (q) clearly authorizes the EPA to regulate facilities that burn a mixture of hazardous waste and non-waste.
Cited 19 timesPublished
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