Case law

Akm LLC v. Secretary of Labor, Dept. of Labor

675 F.3d 752 · Court of Appeals for the D.C. Circuit · Apr 6, 2012

On the one hand, employers must make records of workplace injuries in whatever form the Secretary requires within the time period established by the Secretary—here, seven days after the injury. … We do not believe Congress expressly established a statute of limitations only to implicitly encourage the Secretary to ignore it. See Whitman v. Am.

Francina King v. United States

372 F.2d 383 · Court of Appeals for the D.C. Circuit · Feb 1, 1967

The jury may have given weight to the officer’s testimony that appellant appeared sober and answered questions clearly at the time of the arrest. … It compounds the mischief that here his belief was contrary to the testimony of the duly qualified expert witnesses.

Commonwealth of Massachusetts, Ex Rel. v. Microsoft Corporation, United States of America v. Microsoft Corporation, the Computer and Communications Industry Association and the Software and Information Industry Association

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

expert's testimony regarding the definition of API is a legal analysis rather than the opinion of a computer scientist and is therefore beyond the "knowledge, skill, experience, training, or education" for which he was qualified … 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. 147 b.

Center for National Security Studies v. U.S. Department of Justice

331 F.3d 918 · Court of Appeals for the D.C. Circuit · Jun 17, 2003

In the first place, attorneys’ names are quite clearly not a proxy for the names of their clients. … Rather than hold the government to clearly established standards governing FOIA exemptions, the court sustains the government’s vague, ill-explained decision to withhold information, invoking principles of deference and engaging

Otsuka Pharm. Co. v. Burwell

302 F. Supp. 3d 375 · Court of Appeals for the D.C. Circuit · Jul 28, 2016

As a general matter, the agency is permitted to forgo notice-and-comment procedures if its act qualifies as an adjudication (formal or informal), see Blanca Tel. Co. v. FCC , 743 F.3d 860 , 867 (D.C. … Nothing in the text of romanette iii clearly resolves this dispute or otherwise establishes Congress's intent with respect to the meaning of "such drug." And romanette iv presents similar ambiguities.

James Banyard v. National Labor Relations Board, McLean Trucking Company, Intervenor. Clay D. Ferguson v. National Labor Relations Board

505 F.2d 342 · Court of Appeals for the D.C. Circuit · Aug 14, 1974

II. 9 In Spielberg (post-arbitral) the Board established its policy of dismissing unfair labor practice complaints where the issues involved had been previously resolved by arbitral award. … The Employer and the Union together shall create a joint committee of qualified representatives for the purpose of consulting among themselves and with appropriate Government agencies, state and federal, on matters involving

State of Ohio v. EPA

98 F.4th 288 · Court of Appeals for the D.C. Circuit · Apr 9, 2024

Because, as we explain, we conclude that all Fuel Petitioners have failed to establish redressability, we need not address whether any of the Fuel Petitioner associations have established organizational standing. Cf. … Cunningham also states that “manufacturers are already selling more qualifying vehicles in California than the State’s standards require,” suggesting that vacatur of the zero-emission vehicle

Center for Biological Diversity v. Lee Zeldin

Court of Appeals for the D.C. Circuit · Mar 27, 2026

In short, Florida and the federal agencies wanted to create take immunity even though the ITS did not specify any clearly identifiable take limits, conclude the required Section 7 consultation, and not bind themselves to … Cir. 2023) (“Error is harmless when it clearly had no bearing on the procedure used or the substance of decision reached”) (citation modified).

United States v. Delgado-Garcia, Jose

374 F.3d 1337 · Court of Appeals for the D.C. Circuit · Jul 23, 2004

The indictments clearly alleged that appellants intended to smuggle, aliens into the United, States, thereby causing effects there. … This contextual feature of § 1324(a) establishes that it is fundamentally international, not simply domestic, in focus and effect.

United States v. Microsoft Corp

147 F.3d 935 · Court of Appeals for the D.C. Circuit · Jul 17, 1998

Significantly, Microsoft assured the Department and DG IV that the elimination of the qualifying phrase "did not represent a substantive change." J.A. 761. … The mouse and the operating system would qualify as integrated under the majori- ty's test.

Isaiah Bradley v. United States

249 F.2d 922 · Court of Appeals for the D.C. Circuit · Dec 20, 1957

The truth of that fact the witness was eoncededly qualified to measure and did measure. … The charge as a whole must be so constructed as to convey that rule to the jury clearly, unequivocally and beyond likelihood of easy confusion. The present charge, by this test, was erroneous.

Amalgamated Clothing & Textile Workers Union v. National Labor Relations Board

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

Given that the decision whether to overturn an election requires a delicate balancing of two alternatives, the Board is far more qualified to make the judgments involved than are the courts. … 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

United States v. Perry A. Graham, United States of America v. Terrence A. Terrell, United States of America v. Roger v. Smith

83 F.3d 1466 · Court of Appeals for the D.C. Circuit · Aug 6, 1996

The court continued: “Clearly, there are circumstances that could arise which would entitle you to reopen subjects that you had covered on the initial cross-examination. … We emphasize that, to qualify for a downward departure, a defendant’s vulnerability must be so extreme as to substantially affect the severity of confinement, such as where only solitary confinement can protect the defendant

Grant Medical Center v. Eric D. Hargan

Court of Appeals for the D.C. Circuit · Nov 17, 2017

In 2001, two Kentucky hospitals that fell short of the bed count needed to qualify for the DSH adjustment challenged CMS’ interpretation of section 412.105(b). See Clark Regional Medical Center v. … Cir. 1992), this ambiguity exists “only in the absence of statutory terms clearly directing the choice between retroactive and prospective application,” id. at 888.

Joan C. Baez v. United States Department of Justice

647 F.2d 1328 · Court of Appeals for the D.C. Circuit · Aug 25, 1980

As a preliminary issue appellant contends that those FBI documents which were classified originally under Executive Order No. 11,652 after appellant’s FOIA request was received do not qualify for protection under Exemption … precipitating possible diplomatic confrontations which could damage national security.” 47 We think that the affidavits indicate a logical nexus between the information at issue and the claimed exemption. 48 First, the information clearly

Donald Schriver, Inc., Sullivan-Kelley & Associates, Topaz Contracting & Development Company, Inc., and Sullivan and Associates v. National Labor Relations Board, Los Angeles Building and Construction Trades Council, Carpenters Local No. 1497, Intervenors. National Labor Relations Board v. Los Angeles Building and Construction Trades Council, Donald Schriver, Inc., Intervenors

635 F.2d 859 · Court of Appeals for the D.C. Circuit · Oct 20, 1980

As established by this court in Dallas Building and Construction Trades Council, the recognitional object evidenced by the agreement sought in the present case clearly subjects the unions to the stringent limitations of § … While the Supreme Court established, in NLRB v.

Tax Analysts & Advocates v. Blumenthal

566 F.2d 130 · Court of Appeals for the D.C. Circuit · Jun 15, 1977

To define the terms by reference to what they do not mean in these factual settings is clearly inappropriate. … The Supreme Court first clearly stated the constitutional nature of the injury in fact requirement in Flast v.

Vanda Pharmaceuticals, Inc. v. FDA

Court of Appeals for the D.C. Circuit · Aug 15, 2025

Recall that the statute defines “substantial evidence” in relevant part as “evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training … Vanda, however, clearly offered meaningful evidence of tasimelteon’s efficacy in improving sleep disturbance.

Alaska Airlines, Inc. v. Donovan

766 F.2d 1550 · Court of Appeals for the D.C. Circuit · Jul 16, 1985

The first provided monetary support and assistance in relocation to individuals who had lost their employment or suffered a diminution in compensation as a result of a qualifying industry dislocation. … [and] the Senate Committee[ ] clearly expressed reservations about the House version of the bill.” Id.

Mawakana v. Bd. of Trs. of the Univ. of the D.C.

315 F. Supp. 3d 189 · Court of Appeals for the D.C. Circuit · Mar 28, 2018

In cases in which a plaintiff relies on circumstantial evidence to establish the employer's unlawful conduct, courts apply the burden-shifting framework established in McDonnell Douglas Corp. v. … He opined that it was "clearly the work of a mature scholar and it authoritatively mark[ed] its author as a worthy addition to the tenured faculty of any law school." Id.