Case law

In re: Navy Chaplaincy

Court of Appeals for the D.C. Circuit · Nov 6, 2020

Cir. 2014) (“We have long held § 2401(a) creates a jurisdictional condition attached to the government’s waiver of sovereign immunity”) (cleaned up); P & V Enters. V. U.S. Army Corps of Eng’rs, 516 F.3d 1021, 1026 (D.C. … To state a claim under the Establishment Clause, the Plaintiffs had to allege either that the policy failed under Larson v.

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.

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”).

Rca Communications, Inc. v. Federal Communications Commission

201 F.2d 694 · Court of Appeals for the D.C. Circuit · Mar 9, 1953

I cite a few in the footnote. 3 The point is clearly contained in the declaration of the national transportation policy in the statute. 4 It is agreed that the principles of Interstate Commerce Commission regulation apply … It is clearly correct. 35 As a matter of fact appellant RCAC does not rest its case upon a claim of a lessening of inter-company competition.

Bellion Spirits, LLC v. United States

335 F. Supp. 3d 32 · Court of Appeals for the D.C. Circuit · Sep 27, 2018

This decision does not establish, however, that TTB failed to consider a relevant factor. … This charge, quite clearly, attempts to strike at the substantive heart of FDA's decision.

Long v. District of Columbia

820 F.2d 409 · Court of Appeals for the D.C. Circuit · Jun 5, 1987

The court stated, however, that “diversity jurisdiction in this action is established as to the plaintiff and defendant ... Potomac Electric Power Company. … A decision of this circuit, however, clearly rejected the Moch approach in a case very similar to the case at bar. In Caldwell v.

American Library Association, Appellants/cross-Appellees v. William P. Barr, Attorney General of the United States, Appellees/cross-Appellants

956 F.2d 1178 · Court of Appeals for the D.C. Circuit · Feb 19, 1992

If we confined our attention to plaintiffs’ hypothetical, their claim still would not qualify as appropriate for judicial resolution. … Ingemunson, 901 F.2d 630 , cert. denied, — U.S. -, 111 S.Ct. 387 , 112 L.Ed.2d 398 (1990), believed that the First Amendment does not immunize persons from punishment for violating the criminal law in the past simply because

Howard Mullins and United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Consolidation Coal Co., Intervenor

664 F.2d 297 · Court of Appeals for the D.C. Circuit · Dec 31, 1980

a new principle of law, either by overruling clear past precedent on which litigants may have relied, ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed.... … like his of just what a transferring miner’s “regular rate of pay” really is “immediately prior to transfer.” 109 We have not lost sight of the administrative law judge’s observation that federal mine inspectors are not qualified

I.M. v. United States Customs and Border Protection

67 F.4th 436 · Court of Appeals for the D.C. Circuit · May 12, 2023

To qualify for those exceptions, a claim must be pursued in “ha- beas corpus proceedings.” 8 U.S.C. § 1252(e)(2). … The one clearly at issue here is “habeas corpus ad subjiciendum,” meant to address “all manner of illegal confinement.” Black’s Law Dictionary, supra at 709-10.

Public Service Commission of the State of New York v. Federal Energy Regulatory Commission, Columbia Gas Transmission Corporation, Public Service Electric and Gas Company, Cities of Clarksville and Springfield, Tennessee, Tennessee Gas Pipeline Company, Conoco, Inc., Intervenors. Tennessee Gas Pipeline Company, a Division of Tenneco, Inc. v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Pennsylvania Gas and Water Co., Orange and Rockland Utilities, Inc., Nashville Gas Co., Cities of Clarksville and Springfield, Tennessee, the Berkshire Gas Company, Peoples Gas Light and Coke Company, Public Service Electric and Gas Company, Conoco, Inc., Columbia Gas Transmission Corporation, East Tennessee Group, Intervenors. Consolidated Edison Company of New York, Inc. v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Tennessee Gas Pipeline Company, Pennsylvania Gas and Water Co., Berkshire Gas Company, East Tennessee Group, Intervenors

813 F.2d 448 · Court of Appeals for the D.C. Circuit · Mar 6, 1987

Tennessee qualified this statement, however, by noting that "an occasion, such as an emergency, could arise where an off-system customer might have a greater need for IT service than an on-system customer," in which case … The Commission clearly acted within its discretion in refusing to exclude the stock used to acquire these two businesses from Tenneco's capital structure. 21 V.

United States v. Donald Trump (PUBLIC OPINION)

Court of Appeals for the D.C. Circuit · Dec 20, 2023

Trump’s former Chief of Staff, was cooperating with the Special Counsel in exchange for immunity. … Trump has not shown that factual finding to be clearly erroneous, and we hold that the record amply supports it. 2 Mr.

United States v. Caleb Gray-Burriss

920 F.3d 61 · Court of Appeals for the D.C. Circuit · Apr 9, 2019

In order to establish a claim of ineffective assistance on remand, however, a defendant must show (1) “that counsel’s performance was deficient,” and (2) “that the deficient performance prejudiced the defense.” … These actions clearly bear on Goodman’s trustworthiness; Ms. Shaner may have understandably wanted to deemphasize any association between him, NASPSO, and Gray-Burriss. Id. (citation omitted).

Heating, Air-Conditioning, & Refrigeration Distributors International v. EPA

71 F.4th 59 · Court of Appeals for the D.C. Circuit · Jun 20, 2023

The second regulation establishes a certification and tracking system for HFC distribution. Id. § 84.23(a). … Subsection (e) is littered with instructions for EPA to establish or calculate certain numerical values: Congress instructed that EPA “shall establish” production and consumption baselines for the phase-down of regulated

Frederick W. Lowey, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior John A. Gallagher, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior J. E. Ham, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior Dr. Heinz Lichtenstein and Ursula Lichtenstein, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior James M. Ross, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior Richard K. Vitek, and Fred L. Engle D/B/A Resource Service Company v. James G. Watt, Secretary, United States Department of the Interior

684 F.2d 957 · Court of Appeals for the D.C. Circuit · Jul 2, 1982

All qualified applicants who have submitted drawing entry cards that comply with Interior Department regulations should have an equal chance to obtain a lease. … Under its service agreement, RSC clearly bore the responsibility of making sure that the applications it prepared on behalf of its clients complied with Interior Department regulations.

Consumer Energy Council of America v. Federal Energy Regulatory Commission

673 F.2d 425 · Court of Appeals for the D.C. Circuit · Jan 29, 1982

From these clear and indubitable principles results the propriety of a negative, either absolute or qualified, in the Executive upon the acts of the legislative branches. … We are satisfied that the legislative history establishes that Congress would not have delegated authority to the President to establish salaries without the provision for the one-house veto. Id. at 1262.

Elec. Privacy Info. Ctr. v. U.S. Dep't of Commerce

356 F. Supp. 3d 85 · Court of Appeals for the D.C. Circuit · Feb 8, 2019

. § 3502 (3)(A) would qualify as "initiating" the collection of information. … Because the purported deprivation of information is not redressable through the relief requested, the Court cannot rely on it to establish irreparable harm.

United States v. Seals, William H.

Court of Appeals for the D.C. Circuit · Feb 27, 1998

Cir. 1993), he did not have the requisite number of prior convictions to qualify as a career offender. … Thus, the grand jury's reliance on a judge for subpoenas, immunity orders and the like is a relatively recent development in the history of the institution, resulting, no doubt, from proscribing the jurors' reliance on

American Wrecking Corp. v. Secretary of Labor

351 F.3d 1254 · Court of Appeals for the D.C. Circuit · Dec 19, 2003

Rejecting AWC’s claim that Exhibit C-15 was not properly authenticated, the Commission held that the photograph and the expert testimony “clearly established that the *1260 bricks ... were far from securely attached and were … The ALJ found both experts to be credible and qualified to render expert *1262 opinions on issues pertaining to demolition safety.

John F. English v. John Cunningham

269 F.2d 517 · Court of Appeals for the D.C. Circuit · Jul 15, 1959

The consent decree clearly contemplated change which would lead toward new and valid elections. … their powers are recommendatory, consultative, and advisory, but (4) they are authorized to report from time to time to the court with respect to compliance with the consent decree itself, and (5) the consent decree is not immune

United States ex rel. Heath v. AT & T, Inc.

791 F.3d 112 · Court of Appeals for the D.C. Circuit · Jun 23, 2015

That portion is established by the Commission “on an equitable and nondiscriminatory basis.” 47 U.S.C. § 254 (d). … Instead, such rules will be held to “cabin a court’s power only if Congress has ‘clearly state[d]’ as much.” Kwai Fun Wong, 135 S.Ct. at 1632 (alteration in original).