Case law

Carl Oglesby v. The United States Department of the Army

920 F.2d 57 · Court of Appeals for the D.C. Circuit · Dec 4, 1990

This did not qualify as notice to appellant of his right to appeal the negative reference to his inquiry. … Appellant’s first showing of public interest for the fee waiver request was conclusory and clearly insufficient under 5 U.S.C. § 552 (a)(4)(A)(iii). Appellant merely stated: "Pursuant to 5 U.S.C.

Intercollegiate Broadcast System, Inc. v. Copyright Royalty Board

574 F.3d 748 · Court of Appeals for the D.C. Circuit · Jul 10, 2009

Rates should “most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller.” Id. … Commissioner, 501 U.S. 868 , 111 S.Ct. 2631 , 115 L.Ed.2d 764 (1991), only the heads of cabinet-level departments within the executive branch qualify.

Mercy 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).

In 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 ‘

In 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).

Kokechik Fishermen's Association v. Secretary of Commerce Appeal of Federation of Japan Salmon Fisheries Cooperative Association

839 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

Jack C. Givens, on Behalf of Himself and All Others Similarly Situated v. United States Railroad Retirement Board, Walter A. Wells, on Behalf of Himself and All Others Similarly Situated v. United States Railroad Retirement Board, James L. Robbins, on Behalf of Himself and All Others Similarly Situated v. United States Railroad Retirement Board, Elmer F. Lorman v. United States Railroad Retirement Board, Charles E. Forseth v. United States Railroad Retirement Board

720 F.2d 196 · Court of Appeals for the D.C. Circuit · Oct 28, 1983

Givens, is clearly and properly before this court. … First, the dispositive effect of Gebbie was clearly limited to the three petitioners involved in that case.

United States v. Dwayne A. Washington

106 F.3d 983 · Court of Appeals for the D.C. Circuit · Feb 21, 1997

Although all circuits appear to be in agreement that “[p]ersuasion, seduction, or cajoling by a private party does not qualify as entrapment,” United States v. … The defense contends that the letters “would have rebutted the government’s repeated declaration that Washington was prepared to ‘sell his badge’ and clearly cast doubt on whether the evidence of prior bad acts established

Viasat, Inc. v. FCC

Court of Appeals for the D.C. Circuit · Aug 26, 2022

The Group’s affidavit is too conclusory to establish organizational standing. … Comm’n, 432 U.S. 333, 343 (1977), but the Group has not shown that it qualifies as a membership association.

Cummings v. Murphy

321 F. Supp. 3d 92 · Court of Appeals for the D.C. Circuit · Aug 14, 2018

Complete vote nullification is clearly a type of an institutional injury sufficient to support legislator standing. … They must establish standing consistent with Raines . 2.

United States v. Joseph C. Frady

636 F.2d 506 · Court of Appeals for the D.C. Circuit · Oct 22, 1980

The verdict clearly reflected the jury's belief that Frady entered the house intending not to rob, but to kill, i. e., that there was malice aplenty. … Thus, while a portion of the instructions on specific intent were clearly erroneous, they may have been sufficiently qualified by subsequent instructions to be free from taint. See United States v.

United States v. Civil Aeronautics Board, American Airlines, Inc., and Northwest Airlines, Inc., Intervenors. United States of America v. Civil Aeronautics Board, Braniff Airways, Inc., and Northwest Airlines, Inc., Intervenors

510 F.2d 769 · Court of Appeals for the D.C. Circuit · Jan 31, 1975

As we stated in EDR--249 (Economic Draft Regulation), the carriers brought to our attention in early 1973 specific errors made in establishing the fiscal 1973 rates in ER--786. … In this case, the Government was very clearly a party to the whole rate proceeding, the DOD submitting briefs and its objections at every step of the way.

David Rudometkin v. United States

140 F.4th 480 · Court of Appeals for the D.C. Circuit · Jun 10, 2025

“The deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need.” In re Sealed Case, 121 F.3d 729, 737 (D.C. Cir. 1997). … Rudometkin also asserts that the Government’s declarations failed to establish foreseeable harm from the disclosure of its records.

Marilyn Keepseagle v. Sonny Perdue

856 F.3d 1039 · Court of Appeals for the D.C. Circuit · May 16, 2017

. *1063 in Opposition to Plaintiffs’ Mot. for Order Regarding the Establishment of Class Membership at 4, Keepseagle v. Vilsaek, No. 1:99-cv-03119 (D.D.C. Oct. 23, 2009), ECF 541. … The dearth of class claimants that actually qualified to receive money damages confirms the inflation.

N. V. Philips' Gloeilampenfabrieken v. Atomic Energy Commission

316 F.2d 401 · Court of Appeals for the D.C. Circuit · Mar 21, 1963

Petitioners' claims described above clearly do not come within these sections. Obviously, Congress cannot deny or revoke foreign patents. … However, reference to the legislative history quite clearly demonstrates that such was not the Congressional intent.

Amer Fed Govt Empl v. Nicholson, R. James

475 F.3d 341 · Court of Appeals for the D.C. Circuit · Jan 16, 2007

“[A]dministrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that … The VA’s interpretation of § 7453 as it applies to the  24 Asheville operating room nurses is reasonable and clearly concerns the determination or adjustment of employee compensation under title

Beethoven Com v. Librarian Cong

Court of Appeals for the D.C. Circuit · Jan 14, 2005

A “theoretical possibility,” however, is not sufficient to qualify as “capable of repetition.” Murphy v. Hunt, 455 U.S. 478, 482 (1982); accord Public Utilities Comm’n of Cal., 236 F.3d at 714. … The Librarian must establish “rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller.” 17 U.S.C. § 114(f)(2)(B).

General Electric Co. v. Environmental Protection Agency

360 F.3d 188 · Court of Appeals for the D.C. Circuit · Mar 2, 2004

CERCLA establishes various penalties, including punitive damages, in the event of noncompliance with a UAO by a PRP. … Accordingly, we hold, in light of the qualified scope of the judicial review bar in § 113(h), that the district court erred in dismissing  12 GE’s amended complaint for lack of subject matter

United States v. Ernest Moore

703 F.3d 562 · Court of Appeals for the D.C. Circuit · Dec 28, 2012

The court may order restitution “to any victim of [a qualifying] offense.” 18 U.S.C. § 3663(a)(1)(A); see also 18 U.S.C. § 3663A(a)(1). … However, that section applies to establishing the amount of loss used for establishing a base offense level, not toward restitution for which the Guidelines includes interest and finance charges.

Dan-Air Services, Ltd. v. Civil Aeronautics Board, British Midland Airways, Ltd. v. Civil Aeronautics Board, British Midland Airways, Ltd. v. Civil Aeronautics Board

475 F.2d 408 · Court of Appeals for the D.C. Circuit · Mar 15, 1973

reason to believe that BMA [and] Dan-Air . . . may be regularly engaging in foreign air transportation under terms and conditions not in conformity with Part 214 in that, inter alia, persons are being transported who do not qualify … Clearly notice would serve little purpose where the Board is under no compulsion to consider the arguments and objections of the parties affected.