Case law

Department Of Transportation v. Interstate Commerce Commission

733 F.2d 105 · Court of Appeals for the D.C. Circuit · Apr 27, 1984

The extent and nature of violations 21 The record in this case clearly indicates extensive violations of ICC and DOT regulations by Robbins. … DOT then checks the records to ensure that the trucks and drivers are safe and qualified for operation.

Anderson v. McKay Secretary of Interior

211 F.2d 798 · Court of Appeals for the D.C. Circuit · May 11, 1954

That the Secretary’s determination of mineral or non-mineral character in such a case is a quasi-judicial determination involving discretion was established in Gaines v. … But it is established beyond the necessity for citation that the courts cannot control by mandamus the nature of decisions entrusted by Congress to executive officials.

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.

Oceana, Inc. v. Ross

363 F. Supp. 3d 67 · Court of Appeals for the D.C. Circuit · Mar 11, 2019

Oceana's hard-line, zero-means-zero approach to the ACL and AMs is thus difficult to square *86 with guidelines that clearly build in some wiggle room. … For it clearly used to think that, at least in some respects, logbook data was superior to observer data.

Bldg Owners Mgr Assn v. FCC

254 F.3d 89 · Court of Appeals for the D.C. Circuit · Jul 6, 2001

Had Congress in- tended to qualify these terms, it clearly would have done so, especially in light of the courts' expansive reading of Con- gress's previous delegations of authority to the Commission. … the property rights that the landlord has chosen to retain in the leased property __________ 9 At issue in Bell Atlantic was the authority of the Commission, pursuant to 47 U.S.C. s 201(a), to order carriers "to establish

James W. Killough v. United States

315 F.2d 241 · Court of Appeals for the D.C. Circuit · Oct 4, 1962

Thus, no one suggests that because a suspect has been illegally detained and has confessed, he must be let free, immune from all further prosecution for the offense. … It is, for instance, essential to establish that the attorney knew about the original confession.

United States v. Seals, William H.

Court of Appeals for the D.C. Circuit · Dec 5, 1997

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

MCI Telecommunications Corporation v. Federal Communications Commission and United States of America, American Telephone & Telegraph Co., Intervenors

842 F.2d 1296 · Court of Appeals for the D.C. Circuit · Mar 29, 1988

. *1298 Although we reject the latter contention because MCI did not clearly raise the issue of mandatory filing before the FCC, we find that MCI’s first charge has merit. … The Plan states that AT & T and the BOCs will cease sharing facilities “as promptly as is reasonably feasible,” but it establishes no timetable. J.A. 42.

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

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

Cadillac of Naperville, Inc. v. NLRB

14 F.4th 703 · Court of Appeals for the D.C. Circuit · Sep 17, 2021

That hardly qualifies as “bland[,]” Dissenting Op. at 5. … But section 8(c) qualifies section 8(a)(1) with regard to speech.

United States v. Yakou, Sabri

393 F.3d 231 · Court of Appeals for the D.C. Circuit · Jan 4, 2005

To qualify as a LPR upon seeking reentry into the United States, Yakou “must have acquired lawful permanent resident status in accordance with our laws, must have retained that status from the time he acquired it, and must … Haitian Centers Council, Inc., 509 U.S. 155, 176 , 113 S.Ct. 2549, 2561 , 125 L.Ed.2d 128 (1993), which is “clearly expressed,” ARAMCO, 499 U.S. at 248 , 111 S.Ct. 1227 ; see also United States v.

Mohammad Ali Saba v. Compagnie Nationale Air France

78 F.3d 664 · Court of Appeals for the D.C. Circuit · Mar 15, 1996

Steadman does indicate that the level of risk created by the actor must be “extreme” in order to qualify as reckless disregard. … Although these statements by themselves could be read as suggesting that the court need only find negligence in order to rule for Saba, it is clear from other parts of its opinion that the district court clearly understood

Trinity Services, Inc., a Florida Corporation v. F. Ray Marshall, Secretary of Labor

593 F.2d 1250 · Court of Appeals for the D.C. Circuit · Dec 27, 1978

from the collective bargaining agreements. 16 One of these provisions would require a contractor to forego hiring new workers until all employees of the incumbent with accrued seniority rights who had been laid off and who qualified … The 1965 House and Senate Committee Reports on the Act clearly demonstrate that the principal purpose of the Act was establishing minimum wage and fringe benefit standards to be provided by the successor employer.

The Atlantic Refining Company v. Standard Oil Company (Incorporated in New Jersey), Independent Refiners Association of America v. Standard Oil Company (Incorporated in New Jersey)

304 F.2d 387 · Court of Appeals for the D.C. Circuit · Jul 30, 1962

Under that program, import quotas were established by the United States for qualified importers, who were to adhere voluntarily to such quotas. … could not in anywise prejudice the defenses asserted by the Secretary, a situation wholly different from that presented in Sam Fox. 28 We conclude that it is sufficient for the applicant to intervene to show, as the rule clearly

Bauer v. Devos

325 F. Supp. 3d 74 · Court of Appeals for the D.C. Circuit · Sep 12, 2018

institution by a state attorney general gives rise to a borrower defense to loan repayment," and "a state agency's issuance of a civil investigative demand against a school whose conduct resulted in a borrower defense will qualify … Fish and Wildlife Service , 59 F.Supp.3d 91 , 95 (D.D.C. 2014), the district court held that the plaintiff's challenge to fifteen Fish and Wildlife Service permits was "clearly moot," because "[t]he permits ...

Moore, William v. CapitalCare Inc

461 F.3d 1 · Court of Appeals for the D.C. Circuit · Aug 29, 2006

defendants asserted the make whole doctrine as an equitable defense but the Supreme Court rejected it, finding the defense inapplicable and noting: Mid Atlantic’s action to enforce the “Acts of Third Parties” provision qualifies … as an equitable remedy because it is indistinguishable from an action to enforce an equitable lien established by agreement, of the sort epitomized by our decision in Barnes.

Massachusetts v. Microsoft Corp.

373 F.3d 1199 · Court of Appeals for the D.C. Circuit · Jun 30, 2004

A consent decree that addresses the disincentive software developers faced but does not altogether prohibit commingling — which would not be without its costs — surely qualifies. b. … The intervenors clearly do attribute to the Tunney Act more than the statute requires.

National Organization For Women v. Social Security Administration

736 F.2d 727 · Court of Appeals for the D.C. Circuit · Jul 2, 1984

Sec. 552 (b)(4) (1982) 50 Exemption 6 applies to personnel, medical and similar files "the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. … I speak, of course, of information shielded from mandatory disclosure by Exemption 6, not that so immunized by Exemption 4 and removed by the Trade Secrets Act from the area of discretionary release 150 See Chrysler Corp.

D. C. Federation of Civic Associations v. John A. Volpe, Secretary of Transportation D. C. Federation of Civic Associations v. John A. Volpe, Secretary of Transportation, the District of Columbia, Walter J. Hickel, Secretary of Interior

459 F.2d 1231 · Court of Appeals for the D.C. Circuit · Mar 27, 1972

But it should be clear that his action would not be immunized merely because he also considered some relevant factors. 85 51 It is plainly not our function to establish the parameters of relevance. … The district so established would be slightly to the east of the presently prescribed location of the Three Sisters Bridge.