Case law

International Association of MacHinists and Aerospace Workers, Afl-Cio v. National Labor Relations Board, Boeing Company, Intervenor

595 F.2d 664 · Court of Appeals for the D.C. Circuit · Jan 8, 1979

wages, hours, or conditions of employment, [citing Howard Johnson Co., 198 N.L.R.B. 763 (1972); Good Foods Mfg. & Processing Corp., 200 N.L.R.B. 623 (1972)] or [in] circumstances where the new employer . . has failed to clearly … announce its intent to establish a new set of conditions prior to inviting former employees to accept employment.”

Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, Public Broadcasting Service, Rca Global Communications, Inc., American Broadcasting Companies, Inc., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, Rca Global Communications, Inc., American Broadcasting Companies, Inc., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, American Broadcasting Companies, Inc., Rca Global Communications, Inc., Public Broadcasting Service, Spanish International Network, Inc., American Telephone and Telegraph Company, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America. Western Union International, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, Rca Global Communications, Inc., Public Broadcasting Service, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, Rca Global Communications, Inc., Public Broadcasting Service, Intervenors. Rca Global Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Hawaiian Telephone Company, Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Southern Pacific Communications Co., Aeronautical Radio, Inc., Hawaiian Telephone Co., FTC Communications, Inc., Gte Telenet Communications Corporation, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Southern Pacific Communications Co., Hawaiian Telephone Company, Aeronautical Radio, Inc., Gte Telenet Communications Corporation, Intervenors. Rca Global Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors

725 F.2d 732 · Court of Appeals for the D.C. Circuit · Jan 13, 1984

This policy was to be in effect for two years during which time the FCC would consider applications for earth station ownership filed by Comsat and other qualified carriers. … Clearly, the IRCs will be unable to compete with Comsat solely on their ability to provide efficient quality control.

Iowa Independent Bankers, an Iowa Nonprofit Corporation v. Board of Governors of the Federal Reserve System, Northwest Bancorporation, Intervenor

511 F.2d 1288 · Court of Appeals for the D.C. Circuit · Feb 7, 1975

However, in the present case no police power issue is evident; clearly the Iowa legislature has the power to regulate the structure of the Iowa banking industry. … Article I, section 6 provides that: All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms

Alaska Airlines, Inc. v. Civil Aeronautics Board, Wien Air Alaska, Inc., Alaska Airlines Master Executive Council, Intervenor. Bp Alaska, Inc. v. Civil Aeronautics Board, Wien Air Alaska, Inc., Alaska Airlines Master Executive Council, Intervenor

545 F.2d 194 · Court of Appeals for the D.C. Circuit · Oct 28, 1976

scheduled service." 10 Prior to 1951, ASA qualified as an Alaskan air carrier since its authority was confined to intra-Alaska operations. … These allegations clearly contemplated violations of the Federal Aviation Act by ASA, thus coming within the purview of § 1482(a).

Local 808, Building Maintenance, Service & Railroad Workers v. National Mediation Board

888 F.2d 1428 · Court of Appeals for the D.C. Circuit · Nov 3, 1989

The “foregoing provisions” clearly include section 5, 45 U.S.C. § 155 First (1982), which gives the Board the power to determine when mediation is unsuccessful. … Congress established the "National Mediation Board" by a 1934 amendment to the RLA, see Pub.L.

United States v. Joseph Ricky Park

297 F. Supp. 3d 170 · Court of Appeals for the D.C. Circuit · Feb 28, 2018

Accordingly, courts in this Circuit have utilized the well-defined Interstate Commerce Clause framework-established in United States v. … The government argues that section 2423(c) should be assessed under the "demonstrable effect" test established in Bollinger , 798 F.3d at 215 -16 , instead of the "substantial effect" test established in Lopez .

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Cooper Associates, Inc. T/a Raymond's Liquors and Hartford Accident and Indemnity Company, Cooper Associates, Inc. T/a Raymond's Liquors and Hartford Accident and Indemnity Company v. Janet Cooper and Lois Cooper and Director, Office of Workers' Compensation Programs, United States Department of Labor

607 F.2d 1385 · Court of Appeals for the D.C. Circuit · Sep 28, 1979

The Board's regulations provide that an appeal may be taken by the "Secretary or his designee." 12 The Director clearly falls within this category. … special fund," created pursuant to section 44 of the Act, 33 U.S.C. § 944 (1977), is liable for the payments. 23 The final issue in this case is whether Cooper's suicide as a result of his depression over business failures qualifies

Vip Health Services, Inc. v. National Labor Relations Board

164 F.3d 644 · Court of Appeals for the D.C. Circuit · Jan 12, 1999

Whether a field nurse writes an HHA plan of care alone or in conjunction with an intake coordinator is not clearly answered in the testimony. … For an employee to qualify as a supervisor, then, three requirements must be met: the employee must possess at least one of the twelve types of authority set out in the statute, the exercise of that authority must require

International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America v. United States

735 F.2d 1525 · Court of Appeals for the D.C. Circuit · Jun 12, 1984

However, since FHWA is expanding the area of operation fourfold, a limitation is necessary to ensure that the hours of service are not violated. * * * It should be clearly understood that once a driver exceeds that 12-hour … Under the new rules, however, a local driver whose tour of duty lasts 15 hours may still qualify for the exemption; the comparable assumption must therefore be that local drivers will spend at least five hours out of fifteen

USAir, Inc. v. Department of Transportation

969 F.2d 1256 · Court of Appeals for the D.C. Circuit · Jul 24, 1992

. § 1371(c), establishes rather strict time limits for DOT action in carrier selection cases. See Continental Airlines, Inc. v. DOT, 856 F.2d 209 , 216 (D.C.Cir.1988). … He was clearly influenced by the Remand Order, but he did not suggest that he was obligated to reach that conclusion; he could legally have reaffirmed the *262 selection of USAir after providing a more suitable explanation

Bell Atl Tele Cos v. FCC

131 F.3d 1044 · Court of Appeals for the D.C. Circuit · Dec 23, 1997

Because Petitioners do not provide any independent evidence to show that Congress favored the policy they advance as the basis for the statute, they cannot rely on that supposed policy to establish the plain meaning of … This reading of s 272(e)(4) infers the existence of a qualify- ing phrase not expressed within the language of the provision.

Boardley v. United States Department of the Interior

615 F.3d 508 · Court of Appeals for the D.C. Circuit · Aug 6, 2010

The NPS regulations clearly implicate the First Amendment; the question is whether they violate it. … County, 505 U.S. at 130.4 1 Even a content-neutral licensing scheme may raise significant censorship concerns if it vests government officials with unrestricted freedom to decide who qualifies

United States v. Tarantino

846 F.2d 1384 · Court of Appeals for the D.C. Circuit · Apr 12, 1988

The evidence established that the appellants had travelled from Washington, D.C. to Los Angeles to purchase narcotics. Other evidence established that the narcotics were later sold in D.C. … Bell The evidence clearly established that Bell was the conspiracy’s major distributor of cocaine in Washington, D.C. See, e.g., Tr. 98-118, 526-29.

Laffey v. Northwest Airlines, Inc.

567 F.2d 429 · Court of Appeals for the D.C. Circuit · Oct 20, 1976

Indeed, Title VII refers specifically to the Equal Pay Act and states that a sex-predicated wage differential is immune from attack under Title VII only if it comes within one of the four enumerated exceptions to the Equal … There are no exact figures on how many retail establishments would be affected by the bill, but there are definite indications that the number is substantial. . .

Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of Interior

458 F.2d 827 · Court of Appeals for the D.C. Circuit · Jan 13, 1972

As I interpret the majority opinion it clearly holds that there is no need to discuss (5), (7), (8), (9), or (10). Obviously these are not reasonably to be considered as present alternatives. … In order to meet the urgent need for further exploration and development of the oil and gas deposits of the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant to the highest responsible qualified

Independent Insurance Agents of America, Inc. v. Board of Governors of the Federal Reserve System, National Association of Professional Insurance Agents v. Board of Governors of the Federal Reserve System, National Association of Casualty v. Board of Governors of the Federal Reserve System

835 F.2d 1452 · Court of Appeals for the D.C. Circuit · Dec 29, 1987

In the face of this unambiguous language (and notable omission), Petitioners nevertheless argue that Congress "clearly" intended to codify the principal place of business exemption. … This is clearly improper.

Kornitzky Group, LLC v. Daniel Elwell

929 F.3d 737 · Court of Appeals for the D.C. Circuit · Jul 12, 2019

Kornitzky Group argues that its maintenance functions did not qualify as “major repairs.” The Board reasonably concluded otherwise. … The Board reversed the administrative law judge because Dillmon “clearly knew that he had been convicted of a non-traffic offense,” notwithstanding Dillmon’s testimony that he misunderstood the question.

Calloway v. District of Columbia

216 F.3d 1 · Court of Appeals for the D.C. Circuit · Jun 30, 2000

The families allege that the fee cap prevents them from retaining qualified legal counsel on a contingency basis. … That case concerned Office of Personnel Management regulations establishing new personnel policies for federal employees.

American Importers Association v. Civil Aeronautics Board

473 F.2d 168 · Court of Appeals for the D.C. Circuit · Nov 29, 1972

Congress has, it is true, decided to confer antitrust immunity unless the agreement is found to violate certain statutory standards, but as already indicated, antitrust concepts are intimately involved in the standards Congress … And when, as here, the background information establishes that John F.

In re: Tennant, Jame

359 F.3d 523 · Court of Appeals for the D.C. Circuit · Feb 24, 2004

Tennant and the amicus curiae we appointed to present arguments in his favor argue that copying the FCC on the letter qualifies as an  9 informal request for FCC action. See Pet. … Under FCC regulations, an informal request must ‘‘set forth clearly and concisely the facts relied upon, the relief sought, the statutory and/or regulatory provisions (if any) pursuant to which the request is filed, TTT and