Case law

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.

MCI Telecommunications Corp. v. Federal Communications Commission

765 F.2d 1186 · Court of Appeals for the D.C. Circuit · Jul 9, 1985

NRC, 666 F.2d 595 (D.C.Cir.1981), as establishing a sweeping rule that all would-be petitioners must come to court at the moment a first cloud appears. … Thus, until forbearance was made mandatory, the FCC’s activity was arguably immune from judicial review. But cf.

United States v. Randolph Williams

822 F.2d 1174 · Court of Appeals for the D.C. Circuit · Jul 7, 1987

151 the possibility of removing juror taint by a limiting instruction, 152 and the impact of the communication on both the juror in *1189 volved and the rest of the jury. 153 The trial court obviously is the tribunal best qualified … Since the Government does not even contend that the officers had probable cause to arrest Williams at the time they seized the bag, this exception to the warrant requirement clearly does not apply.

National Organization for Women v. Federal Communications Commission

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.

Anthony M. Rossi v. Harold Brown, Secretary of Defense

642 F.2d 553 · Court of Appeals for the D.C. Circuit · Dec 18, 1980

country because such person is a citizen of the United States or is a dependent of a member of the Armed Forces of the United States. 7 Whether the preferential hiring mandate of the Base Labor Agreement is nullified by the qualified … Legislative History The legislative history of section 106 is not extensive, but the purpose of the section clearly is set forth in both the Senate and Conference Committee Reports.

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

Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc v. National Labor Relations Board, M. Lowenstein Corporation, Intervenor. M. Lowenstein Corporation v. National Labor Relations Board, Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc, Intervenor

736 F.2d 1559 · Court of Appeals for the D.C. Circuit · Jun 22, 1984

NLRB, 685 F.2d 362, 364 (10th Cir.1982). 7 Equally important in counseling deference to Board decisions in cases of this kind is the fact that the Board's particular expertise qualifies it--rather than the courts--to decide … In ordering this remedy the Board rejected the union's request for so-called "make whole" remedies: a bargaining order retroactive to the date of the election, establishment of an "interim" grievance procedure for use by

Deripaska v. Associated Press

282 F. Supp. 3d 133 · Court of Appeals for the D.C. Circuit · Oct 17, 2017

three defamation-by-implication cases and concluded that "if a communication, viewed in its entire context, merely conveys materially true facts from which a defamatory inference can reasonably be drawn, the libel is not established … Accordingly, the Court must dismiss Deripaska's complaint with prejudice because the statements in his complaint do not qualify as false and defamatory statements under D.C. law. See Abbas , 783 F.3d at 1340 .

Mid-Tex Electric Cooperative, Inc. v. Federal Energy Regulatory Commission

773 F.2d 327 · Court of Appeals for the D.C. Circuit · Sep 24, 1985

The first prop is clearly insufficient. … FERC has yet to clearly answer this question.

Global Van Lines, Inc. v. Interstate Commerce Commission

804 F.2d 1293 · Court of Appeals for the D.C. Circuit · Nov 12, 1986

scope of a contract carrier's hauling authority, a matter which is not explored when the application for contract-carrier authority is under consideration. 38 The Commission also notes that the Motor Carrier Act of 1980 established … To qualify for judicial deference, however, the agency's interpretation must not be inconsistent with a clearly-appearing congressional purpose. See Morton v.

Animal Welfare Inst. v. Nat'l Oceanic & Atmospheric Admin.

370 F. Supp. 3d 116 · Court of Appeals for the D.C. Circuit · Feb 28, 2019

The Court explained that to qualify under FOIA Exemption 5, "a document must thus satisfy two conditions: its source must be a Government agency, and it must fall within the ambit of a privilege against discovery under judicial … FOIA Exemption 6 withholds from disclosure "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552 (b)(6).

Robert A. Miller v. Air Line Pilots Association

108 F.3d 1415 · Court of Appeals for the D.C. Circuit · Mar 14, 1997

And it is hard to imagine those interests more clearly placed in jeopardy than when the union uses the dissidents’ money to pursue political objectives. … We agree with ALPA that the phots have failed to establish that they have standing to raise this claim, because the phots were not injured by the alleged inadequacy.

Mass. Lobstermen's Ass'n v. Ross

349 F. Supp. 3d 48 · Court of Appeals for the D.C. Circuit · Oct 5, 2018

Most of the definitions, including "to exercise directing influence, regulate, hold *61 from action, curb," clearly indicate something less than absolute control. … [are] too few and too disparate to qualify as string of statutory terms.") (internal quotation marks and citation omitted).

Taylor v. United States Department of Agriculture

636 F.3d 608 · Court of Appeals for the D.C. Circuit · Jan 7, 2011

This he could establish by proving that he lacked an actual, significant nexus with the violating com *611 pany. … This finding is clearly supported by substantial evidence. A fair reading of the entire record reveals that Fresh America was dominated by the board and its chairman, not by Hollingsworth alone.

Eastern Air Lines, Inc. v. Union Trust Company, United States of America v. Union Trust Company

221 F.2d 62 · Court of Appeals for the D.C. Circuit · Jun 24, 1955

It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. … Its effect is to waive immunity from recognized causes of action and was not to visit the Government with novel and unprecedented liabilities.’ Feres v.

Citizens for Responsibility v. FEC

971 F.3d 340 · Court of Appeals for the D.C. Circuit · Aug 21, 2020

At any rate, Coburn does not establish a bright-line exhaustion rule focused on where precisely an issue is raised in the papers before an agency. … And because (c)(2)(C), on that reading, establishes a broader disclosure mandate than the Rule ostensibly implementing it, the Rule is invalid.

United States v. David Paitsel

Court of Appeals for the D.C. Circuit · Aug 1, 2025

Paitsel “accepted the money” Bailey gave him and Bailey clearly “benefitted from [Paitsel’s] efforts.” Dean, 55 F.3d at 658. … Id. at 230–31 (“In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the provisions

United States v. John Roscoe Slade, A/K/A "Slave", United States of America v. Odell Johnson, Jr., United States of America v. Arthur Watson, Jr., A/K/A "Speed", United States of America v. George Norman Marshall, A/K/A "Little George", United States of America v. David Redd, A/K/A "Slim", United States of America v. John Robert Johnson, A/K/A "Stampede"

627 F.2d 293 · Court of Appeals for the D.C. Circuit · Jul 11, 1980

Patterson's testimony clearly established that from early April through April 25, 1977, he had direct personal contact with the two appellants. … A DEA agent qualified and testified as an expert witness on drug trafficking and sales on the public streets.

World Communications, Inc. v. Federal Communications Commission, United States of America, Communications Satellite Corporation, New Valley Corporation, Intervenors. World Communications, Inc. v. Federal Communications Commission, United States of America, New Valley Corporation, Intervenor

20 F.3d 472 · Court of Appeals for the D.C. Circuit · Apr 8, 1994

WorldCom now challenges that premise, claiming that its "offer" to accomplish flow-through should persuade the Commission to prefer it over the firm that won the refund under the Commission's hitherto established principle … At least by late 1985, when the Commission issued its International Competitive Carrier Policies decision, ITT was non-dominant, and that was clearly the premise of the Flow-Through Order 4 It is unclear just why WorldCom

American Trucking Associations, Inc. v. United States Environmental Protection Agency

175 F.3d 1027 · Court of Appeals for the D.C. Circuit · May 14, 1999

For example, it has employed commonly used clinical criteria to determine what qualifies as an adverse health effect. … and adverse health effects amply justifies establishment of new fine particle standards.