Case law

Cadbury Beverages v. NLRB

Court of Appeals for the D.C. Circuit · Nov 17, 1998

Matzan's conversation with Dennis about not turning to Graffius for assistance in obtaining a bonus clearly falls within this latter line of cases. … But in concluding that that fact immunizes the company from liability, petitioner reads the disjunctive out of Ohmite, and seemingly asserts the baffling proposition that the Board must always engage in Ohmite's balancing

N Amer Frght Car v. STB

Court of Appeals for the D.C. Circuit · Jun 24, 2008

STB Dec. 10; Langston Statement 13 (“The charts clearly show that since the storage policy was first adopted, the average time that private cars are left on BNSF’s tracks has decreased by over one full day for industrial … We believe, however, that the distinction the Board drew in construing subsection (B) applies equally to subsection (A), which uses similar language in its requirement that, to qualify as “transportation,” the storage facility

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A

Court of Appeals for the D.C. Circuit · Aug 10, 2018

The district court’s findings that “La Michoacana” lacks distinctiveness—whether inherent or acquired—are not erroneous, let alone clearly so. … Because the district court did not clearly err in finding a lack of credible evidence of any injury, and Prolacto’s failure to establish injury is fatal to its claim, we need not consider additional arguments regarding materiality

Veg-Mix, Inc. v. U.S. Department of Agriculture and United States of America, Kuzzens, Inc. v. U.S. Department of Agriculture and United States of America, Charles M. Harris v. U.S. Department of Agriculture and United States of America

832 F.2d 601 · Court of Appeals for the D.C. Circuit · Oct 30, 1987

The business records exception to the hearsay rule ordinarily requires "the testimony of the custodian or other qualified witness." Fed.R.Evid. 803(6). … The Evidence of Responsible Connection 37 Our decisions have read Sec. 499a(9) as establishing only a rebuttable presumption that an officer, director, or large shareholder of a PACA violator is responsibly connected.

National Organization for Women, New York City Chapter v. Federal Communications Commission and the United States of America, American Broadcasting Companies, Inc., Intervenor. National Organization for Women v. Federal Communications Commission, National Broadcasting Companies, Inc., Intervenor

555 F.2d 1002 · Court of Appeals for the D.C. Circuit · Apr 11, 1977

This is not to say, of course, that the Commission could safely ignore in its ultimate determination about renewal a clearly relevant finding by an expert agency. … Rather the Commission must evaluate the finding carefully and fully in light of its own established standards.

Agape Church, Inc. v. Federal Communications Commission

738 F.3d 397 · Court of Appeals for the D.C. Circuit · Dec 27, 2013

The Sunset Order is clearly supported by changed circumstances — including advancing technology and changes in the marketplace— and reasoned decisionmaking. … An agency’s final rule qualifies as the logical outgrowth of its NPRM “if interested parties should have anticipated that the change was possible, and thus reasonably should have filed their comments on the subject during

Henok Araya v. JPMorgan Chase Bank, N.A.

775 F.3d 409 · Court of Appeals for the D.C. Circuit · Dec 30, 2014

It has long been recognized, however, that “a suit may sometimes be dismissed for want of jurisdiction where the alleged claim under the Constitution or federal statutes clearly appears to be immaterial . . . or where such … Superior Court is eminently more qualified than a federal court to navigate the as-yet-unsettled contours of the statutory and common law claims potentially presented.

University of Great Falls v. National Labor Relations Board

278 F.3d 1335 · Court of Appeals for the D.C. Circuit · Feb 12, 2002

It did so in the absence of “ ‘the affirmative intention of the Congress clearly expressed’ ” to impose Board “jurisdiction over teachers in church-operated schools.” Id. at 500-01 , 99 S.Ct. at 1318-19 . … Board’s “substantial religious character” approach, it is hard to see what school or university that does not require attendance at religious services, or require students and faculty to be of a particular faith, would qualify

Kimberlin v. U.S. Department of Justice

318 F.3d 228 · Court of Appeals for the D.C. Circuit · Feb 11, 2003

government had defended the electronic-music ban as reasonably necessary to promote internal order, for example, or even to promote a more efficient allocation of prison resources, then the Zimmer Amendment would easily qualify … Seattle Audubon Soc’y, 503 U.S. 429, 440 , 112 S.Ct. 1407, 1414 , 118 L.Ed.2d 73 (1992) (“Congress ... may amend substantive law in an appropriations statute, as long as it does so clearly.”); Envtl. Def Ctr. v.

Save Our Cumberland Mountains, Inc. v. Clark

725 F.2d 1422 · Court of Appeals for the D.C. Circuit · Jan 20, 1984

In Title IV of the Act, Congress established the Abandoned Mine Reclamation Fund (Fund). All mine operators are required to pay into the Fund a fee based on tonnage of coal mined. … from the final version of the Act indicates only that Congress did not wish to restrict rights conferred by other statutes or laws to bring actions against the Secretary. 23 It does not manifest a congressional intent to qualify

Middleton v. Dist. of Columbia

312 F. Supp. 3d 113 · Court of Appeals for the D.C. Circuit · Jun 4, 2018

in the past and appeared to remain qualified for such programming. … s inappropriate placement from his issues with attendance; they are clearly linked.

Tavoulareas v. Piro

759 F.2d 90 · Court of Appeals for the D.C. Circuit · Apr 9, 1985

Such independent inquiry convinces us that the evidence is sufficient to clearly and convincingly establish actual malice, which the jury found existed on the part of the defendants. … that fact clearly and convincingly.

Puerto Rico Maritime Shipping Authority v. Federal Maritime Commission

678 F.2d 327 · Court of Appeals for the D.C. Circuit · May 14, 1982

The first step establishes that PRMSA’s price for fuel and ARAD prices have correlated in the past, and the last step establishes that the forecasted PRMSA prices are correlated with DRI’s ARAD forecast for the future period … First, PRMSA argues that its estimate was clearly reasonable when first submitted to the agency.

Christian Broadcasting Network, Inc. v. Copyright Royalty Tribunal

720 F.2d 1295 · Court of Appeals for the D.C. Circuit · Oct 25, 1983

CRT, the Act envisions the need for copyright holders to qualify for distribution of the Fund. 675 F.2d at 380 . … (“It has been established that SIN does not own approximately 40% of the program”); JA 9440 (SIN’s definition of “primary market zone” was conceded to bear no relation to the definition established in FCC rules); JA 9358,

Transwestern Pipeline Co. v. Federal Energy Regulatory Commission

897 F.2d 570 · Court of Appeals for the D.C. Circuit · Mar 23, 1990

Thus the court was clearly untroubled by a rate system under which a customer could not know the exact charge for service in a given period until after the end of the period. … FERC, 893 F.2d 349, 356-57 (D.C.Cir. 1989), such remarks were clearly inconsistent with the acknowledged power of the Commission to establish, and to alter prospectively, fixed charges such as demand charges, avoidable if

The Ripon Society, Inc. v. National Republican Party the Ripon Society, Inc. v. National Republican Party

525 F.2d 548 · Court of Appeals for the D.C. Circuit · Apr 28, 1975

The victory bonus establishes a one Republican state-many votes standard. 4. … It could hardly be gainsaid that a constitutional claim had been asserted by an allegation that certain otherwise qualified voters had been entirely prohibited from voting . . . .

John N. Mitchell v. Honorable John J. Sirica, Judge, United States District Court for the District of Columbia

502 F.2d 375 · Court of Appeals for the D.C. Circuit · Jul 25, 1974

Here the district court mistakenly assumed that personal bias cannot be established when such bias arises during the course of judicial proceedings. … Since the facts alleged in the affidavit are taken as established, the “clearly erroneous” standard is inapplicable; determination of the legal sufficiency of the affidavit is a pure question of law. .

Federal Trade Commission v. Cinderella Career and Finishing Schools, Inc.

404 F.2d 1308 · Court of Appeals for the D.C. Circuit · Mar 12, 1968

made unlawful by the [Federal Trade Commission] Act which have resulted in the initiation of action by the Commission.” 3 This, the court seems to hold, the Commission may do without prior hearing, with almost complete immunity … The statutory authorization “[t]o make public * * * such information” clearly suffices. See Kukatush Mining Co. v. SEC, supra note 11, 114 U.S.App.D.C. at 30-31 , 309 F.2d at 650-51 . .

Ames v. Nielsen

286 F. Supp. 3d 70 · Court of Appeals for the D.C. Circuit · Dec 27, 2017

Under this framework, a plaintiff must first establish her prima facie case. Walker v. Johnson , 798 F.3d 1085 , 1091 (D.C. Cir. 2015). … s Exs. at 91, ¶¶ 87-88, and her new position, as described by Salazar, clearly implicated such duties, see Def.'s Exs. 24-30 at 14-16, ¶ 7. Indeed, the title of the position was "Chief of the Training Section."

GLH Commc'ns, Inc. v. Fed. Commc'ns Comm'n

930 F.3d 449 · Court of Appeals for the D.C. Circuit · Jul 16, 2019

To that end, the Commission developed an installment plan program, under which qualifying small businesses can pay  3 winning auction bids in installment payments made over the term of the … That regulation establishes a specified penalty for high bidders who default or are disqualified “after the close” of a license auction.