Case law

United States v. Joseph Fischer

64 F.4th 329 · Court of Appeals for the D.C. Circuit · Apr 7, 2023

Congress thus has demonstrated its capacity to clearly target document- related misconduct when it wishes to do so. … As explained earlier, one thing section 1512(c) clearly did is break down the distinction between direct and indirect obstruction.

Women Prisoners of the District of Columbia Department of Corrections v. District of Columbia

93 F.3d 910 · Court of Appeals for the D.C. Circuit · Aug 30, 1996

Whereas the federal government has waived sovereign immunity in these circumstances to permit money damages only, however, the municipal immunity of the District is of much smaller scope, and local sovereign immunity law … has developed independently from federal sovereign immunity law.

Responsibility v. Fed. Election Comm'n

892 F.3d 434 · Court of Appeals for the D.C. Circuit · Jun 15, 2018

Together, these cases establish two propositions of circuit law. … As to this firmly-established principle, the dissent has nothing to say.

Jesse Goode v. DC

Court of Appeals for the D.C. Circuit · Apr 29, 2022

Finally, the District Court determined that the individual commissioners were entitled to qualified immunity, which provided an independent ground for dismissal of Goode’s claims against them. … Workers Union, Local 23, 484 U.S. 112, 125 (1987), the court construed “final authority” in the Establishment Act to mean unreviewable authority or discretion as well.

John B. Monroe v. United States of America, George C. Prather v. United States of America, Roger W. Simkins v. United States of America, Curtis M. Taylor v. United States of America, Albert H. Smith v. United States of America, Charles Anderson v. United States of America, Burnie King v. United States

234 F.2d 49 · Court of Appeals for the D.C. Circuit · Jun 12, 1956

Except for the appellant Smith, however, no appellant reserved this point clearly on the record either before, during, or after trial. … All except Monroe and Prather escaped this danger by their acquittal of conspiracy; and, as we have already seen, in connection with the discussion of the alleged variance, the evidence so clearly established that Monroe

Cumis Ins. Soc'y, Inc. v. Clark

318 F. Supp. 3d 199 · Court of Appeals for the D.C. Circuit · Jul 19, 2018

A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest … In doing so, CUMIS clearly has not provided the Court with sufficient record evidence to determine what matters were directly at issue and necessarily decided by the jury in the criminal case.

Golden Holiday Tours v. Civil Aeronautics Board

531 F.2d 624 · Court of Appeals for the D.C. Circuit · Mar 3, 1976

This becomes apparent upon a closer look at Petitioner’s day-to-day operations, and the pattern of behavior established by the Board. … new rule had it been in effect, and which may well have been in violation of the rule as it then existed. 28 *299 There is nothing in the Prospectus to indicate that acceptance in those cases was in any sense reluctant or qualified

American Financial Services Association v. Federal Trade Commission, Silas Brown, American Conference of Uniform Consumer Credit Code States, Intervenors. The South Carolina Department of Consumer Affairs v. Federal Trade Commission, American Conference of Uniform Consumer Credit Code States, American Financial Services Association, Department of Commerce of the State of Montana, Intervenors

767 F.2d 957 · Court of Appeals for the D.C. Circuit · Jul 12, 1985

Hence the Commission clearly met its first criterion of establishing substantial consumer injury. 2. … as personal property brokers under state law or to qualify for higher interest rates.

Texas Neighborhood Services v. HHS

Court of Appeals for the D.C. Circuit · Aug 8, 2017

Cir. 2011) (“[W]hen an agency relies on multiple grounds for its decision, some of which are invalid, we may nonetheless sustain the decision as long as one is valid and the agency clearly would have acted on that ground … Similarly, a “plan” to make performance bonuses may cease to qualify as a plan if it is not followed “consistently.” 2 C.F.R. Pt. 230, App. B ¶ 8.j.

Democratic Central Committee of the District of Columbia v. The Washington Metropolitan Area Transit Commission, D.C. Transit System, Inc., Intervenor

3 F.3d 1568 · Court of Appeals for the D.C. Circuit · Sep 21, 1993

The access to Lot 822 may be insufficient, questionable or at least difficult to establish. … The sum of $4,514,720.30 also represents 96.1% of the payments of principal required by the $4.7 million note-the amount of restitution required by the February 26, 1990 order to be paid to qualify for the first attorneys

Leonard P. Matlovich v. Secretary of the Air Force and Colonel Alton J. Thogersen

591 F.2d 852 · Court of Appeals for the D.C. Circuit · Dec 6, 1978

He added that in his view his sexual preferences would in no way interfere with his Air Force duties and that he considered himself fully qualified for further military service. … The Davis court said (107 U.S.App.D.C. at 153, 275 F.2d at 182 ): “We cannot say that the basis of the [Army’s] action clearly appears.

Anita J. Ring v. Honorable James R. Schlesinger and Honorable John W. Warner

502 F.2d 479 · Court of Appeals for the D.C. Circuit · Aug 16, 1974

interest protected by procedural due process did not exist in Roth, the Supreme Court there noted that a property interest may be created by statute or by contract, saying: “To have a property interest in a benefit, a person clearly … There we pointed out that Vitarelli, an Interior Department employee who had not qualified for statutory protection under the Civil Service Act, . . .

Washington Water Power Company v. Federal Energy Regulatory Commission, Spokane Tribe of Indians, Intervenor

775 F.2d 305 · Court of Appeals for the D.C. Circuit · Oct 18, 1985

Thus Congress clearly intended by the special Act to establish the framework by which hydroelectric developers could acquire the land on the banks, and the right to the use of the waters and the bed of the Spokane River to … The floating of logs during high water does not establish that this stretch of the River is a “navigable” stream. United States v.

Pearson v. Shalala

164 F.3d 650 · Court of Appeals for the D.C. Circuit · Jan 15, 1999

Friedman is thus not at odds with the relevant First Amendment principles established in Bates, which -in any event the Supreme Court has reaffirmed—post-Fried man —in R.M.J., Shapero, and Peel. … But the Supreme Court expressly disapproved of that aspect of Posadas in 44 Liquormart, 517 U.S. at 509-10 , 116 S.Ct. 1495 (plurality) (“Posadas clearly erred in concluding it was ‘up to the legislature’ to choose suppression

Donald Trump v. Mazars USA, LLP

Court of Appeals for the D.C. Circuit · Oct 11, 2019

Tr. 15 (confirming that the President asserts no claim of executive privilege or immunity); see also Couch v. … Eastland, 387 U.S. 82 (1967) (holding that for purposes of establishing immunity from suit, a subcommittee could ratify a subpoena previously issued “without prior authorization from the [s]ubcommittee”).

American Optometric Ass'n v. Federal Trade Commission

626 F.2d 896 · Court of Appeals for the D.C. Circuit · Feb 6, 1980

State Bar of Arizona have established some measure of first amendment protection for commercial speech, they have not addressed many issues raised by this rule, such as the extent to which affirmative disclosure requirements … However, there was specific expert testimony that opticians are qualified to dispense contact lenses, see Staff Report at 278-80, and, in any event, we have no reason to dismiss the Staff Report’s conclusion that state laws

James H. Christiansen v. National Savings and Trust Company

683 F.2d 520 · Court of Appeals for the D.C. Circuit · Jul 20, 1982

The program was established under the Federal Employees Health Benefits Act, 5 U.S.C. § 8903 (1). … In Lieberman , an insurance company had been required, in order to qualify as surety on certain municipal construction contracts, to deposit bonds with a face value of $100,000 with a trust company.

Advocates for Highway & Auto Safety v. Federal Motor Carrier Safety Administration

429 F.3d 1136 · Court of Appeals for the D.C. Circuit · Dec 2, 2005

To qualify as adequate under PTDIA standards, a track driver training program must provide 147.5 hours of instruction including 44 hours of combined street and range time. Id. at 10, J.A. 75. … Quite clearly, the four topics it embraces do not touch on the operational skills of driving a heavy truck.

Sutter East Bay Hospitals v. National Labor Relations Board

687 F.3d 424 · Court of Appeals for the D.C. Circuit · Jul 24, 2012

The latter argument is a complaint against well-established case law preventing hospitals from banning solicitation in employee-focused cafeterias. … Cir. 1998), they are not immune to judicial scrutiny.

Eldred, Eric v. Reno, Janet

239 F.3d 372 · Court of Appeals for the D.C. Circuit · Mar 2, 2001

In keeping with this approach, we held in United Video that copyrights are categorically immune from challenges under the First Amendment. … The plaintiffs read the Court's guidance more broadly, in the light of Feist, to mean that a work in the public domain lacks the originality required to qualify for a copyright.