Case law

United States v. Charles J. Ash, Jr.

461 F.2d 92 · Court of Appeals for the D.C. Circuit · Jun 12, 1972

Judge McGowan and I concluded that safeguards adequate for constitutional right of presence of counsel were present in Brown. 19 But the differences among us relate to cases *105 other than Ash, and do not qualify the concurrence … Since a photographic lineup is as much subject to the risk of influence and mistake as a corporeal lineup, it is clearly distinguishable from other investigative techniques, such as the analysis of fingerprints, blood samples

Ari Bailey v. Isaac Fulwood, Jr.

793 F.3d 127 · Court of Appeals for the D.C. Circuit · Jul 14, 2015

It is clearly established under D.C. law that the factors set forth in the 1987 Regulations and the definitions articulated in the 1991 Policy Guideline never constrained the discretion of the Board or the USPC. … ] a set of specified standards” in denying parole to prisoners with qualifying scores. Id. at 1428 . However, as Judge Tatel ultimately concluded, in light of the rulings of the D.C.

United States v. Anthony Quinn Jones

955 F.2d 764 · Court of Appeals for the D.C. Circuit · Jun 15, 1992

Whether a criminal defendant has accepted responsibility sufficiently to qualify for the two-level reduction in § 3E1.1 is a question of fact. … Under comment 2, Jones clearly does not qualify for the two-level reduction.

Comer Blocker v. United States

274 F.2d 572 · Court of Appeals for the D.C. Circuit · Jun 25, 1959

It was clearly beyond the competence •of the District Court to grant a further extension pursuant to the motion of November 25. … I would qualify that by saying it could be they would have additional symptoms engraved onto this kind of personality which then would throw them either up into this upper bracket which we usually call psychotic or insane

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.

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

American Optometric Association v. Federal Trade Commission, American Medical Association v. Federal Trade Commission, the State of Texas v. Federal Trade Commission, State of North Carolina, Commonwealth of Pennsylvania, Intervenors. State of Oklahoma Ex Rel. The Board of Examiners in Optometry v. Federal Trade Commission, State of North Carolina, Commonwealth of Pennsylvania, State of Tennessee, Intervenors. State of Nebraska v. Federal Trade Commission, State of North Carolina, Commonwealth of Pennsylvania, State of Tennessee, Intervenors. State of Indiana v. Federal Trade Commission, State of North Carolina, Commonwealth of Pennsylvania, State of Tennessee, Intervenors. The State of Wyoming, Acting by and Through the Wyoming Board of Examiners in Optometry v. Federal Trade Commission, Commonwealth of Kentucky v. Federal Trade Commission

626 F.2d 896 · Court of Appeals for the D.C. Circuit · Feb 6, 1980

State Bar of Arizona have established some measure of first amendment protection for commercial speech, they have not addressed many issues raised by this rule, such as the extent to which affirmative disclosure requirements … However, there was specific expert testimony that opticians are qualified to dispense contact lenses, see Staff Report at 278-80, and, in any event, we have no reason to dismiss the Staff Report's conclusion that state laws

American Petroleum Institute v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, Steel Manufacturers' Association [Formerly Steel Bar Mills & National Steel Producers Association], Intervenors. American Petroleum Institute v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, Intervenor. Horsehead Resource Development Company, Inc. v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, American Mining Congress, Intervenors. National Association of Metal Finishers v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, American Iron and Steel Institute, Intervenors. Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, and Lee Thomas, Administrator, American Iron and Steel Institute, American Mining Congress, the Dow Chemical Company, Mobil Oil Corporation, the Fertilizer Institute, American Petroleum Institute, Intervenors. Chemical Waste Management, Inc. v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, the International Metals Reclamation Company, Inc., American Mining Congress, Intervenors. Hazardous Waste Treatment Council v. United States Environmental Protection Agency, Chemical Manufacturers Association, American Petroleum Institute, the Fertilizer Institute, Intervenors. Chemical Manufacturers Association v. United States Environmental Protection Agency, Hazardous Waste Treatment Council, Intervenor. National Solid Waste Management Association, Inc., and Waste Management of North America, Inc. v. United States Environmental Protection Agency, Lee M. Thomas, Administrator, Hazardous Waste Treatment Council, Intervenor. American Iron and Steel Institute v. United States Environmental Protection Agency, American Iron and Steel Institute v. United States Environmental Protection Agency, Chemical Manufacturers Association v. United States Environmental Protection Agency, Monsanto Company v. United States Environmental Protection Agency, the Dow Chemical Company v. United States Environmental Protection Agency, American Mining Congress v. United States Environmental Protection Agency, Ross Incineration Services, Inc. v. United States Environmental Protection Agency, American Iron and Steel Institute, Intervenor

906 F.2d 729 · Court of Appeals for the D.C. Circuit · Jun 26, 1990

Comparative Risk 25 In addition to establishing BDATs for various hazardous wastes, the First-Third Rule discussed certain general principles that the agency would follow in establishing treatment standards. … Indeed, the AMC decision expressly disavowed a reading of the statute that would prevent EPA from regulating processes for extracting valuable products from discarded materials that qualify as hazardous wastes: Oil recyclers

Leflore Broadcasting Company, Inc. v. Federal Communications Commission

636 F.2d 454 · Court of Appeals for the D.C. Circuit · Jun 5, 1980

broadcasting, it was thought that "(w)ith everybody on the air, nobody could be heard." 21 Therefore, in the name of orderly broadcasting, the Federal Communications Act of 1934 limited the number of voices on the air by establishing … penalty against Leflore and Dixie for any of the violations found in the proceeding below, it is beyond cavil that the FCC enjoyed wide latitude. 83 39 This broad discretion does not eliminate the FCC's burden to express clearly

United States v. James

494 F.2d 1007 · Court of Appeals for the D.C. Circuit · Feb 4, 1974

The record clearly fixed responsibility for the authorizations upon the Attorney General and thus fulfilled the purpose of 18 U.S.C. § 2518 (1) (a) 4 III. … Even assuming that the Caputo identification in Devine’s presence was suggestive, there was clearly an independent basis for Devine’s in-court identification of the voices.

Hill v. Purdy

46 App. D.C. 495 · Court of Appeals for the D.C. Circuit · Jun 2, 1917

I. 309, the court,' quoting the works of Lord Mansfield, declares it to be the established doctrine “that in all contingent, springing, and executory uses, where the person who is to take'is certain, so that the same are … As to this theory of construction it- is sufficient to say that this court is clearly of opinion that the executory devises referred to are valid, and the point was conceded by counsel for said two defendants in his argument

Mary P. Laffey v. Northwest Airlines, Inc., Air Line Pilots Association, Non-Aligned Party. Mary P. Laffey v. Northwest Airlines, Inc., Air Line Pilots Association, Non-Aligned Party

567 F.2d 429 · Court of Appeals for the D.C. Circuit · Sep 8, 1977

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. . . .

Duquesne Light Company v. Environmental Protection Agency

698 F.2d 456 · Court of Appeals for the D.C. Circuit · Apr 5, 1983

EPA is clearly correct as to the legal status of proposed revisions: they are proposals and nothing more. … Congress' intent is also clear from the type of hearing it established.

Postow v. Oba Federal Savings & Loan Ass'n

627 F.2d 1370 · Court of Appeals for the D.C. Circuit · Jun 18, 1980

(the award “presupposed that the war bonus would continue for the whole period of the libellant’s future working life — clearly an unwarranted assumption”). . … Oriental also argues that because Count I was the major focus of concern throughout most of the litigation, this case does not qualify as a “successful action to enforce” the Truth-in-Lending Act, a predicate to recovery

William Sanjour v. Environmental Protection Agency

56 F.3d 85 · Court of Appeals for the D.C. Circuit · May 30, 1995

V)). 1 In January 1991, the Office of Government Ethics (“OGE”) — charged with establishing the “overall direction” of executive branch policy relating to conflicts of interest, id. at § 402 — promulgated a regulation containing … Embedded in the Pickering test is the condition that to qualify for its protection, government employee speech must involve “matters of public concern.” See Con- *91 nick v.

Hinds v. Mulvaney

296 F. Supp. 3d 220 · Court of Appeals for the D.C. Circuit · Feb 20, 2018

The plaintiff bears the initial burden of establishing a prima facie case of discrimination *234 by establishing that: "(1) she is a member of a protected class; (2) she suffered an adverse employment action; and (3) the … Many of her claims fail for the additional reason that the conduct of which she complains does not qualify as adverse employment action. Ms.

John H. Fournelle v. National Labor Relations Board, Bethlehem Steel Corporation v. National Labor Relations Board, John H. Fournelle, Intervenor

670 F.2d 331 · Court of Appeals for the D.C. Circuit · Feb 2, 1982

Fournelle contends that he was immune to discipline because his actions were protected by section 7 of the NLRA; 7 Bethlehem and the NLRB respond that the collective bargaining agreement effectively waived any section 7 rights … Thus, we held that “the legality of pre-arbitration interviews is generally a contractual matter to be determined by the parties in establishing a grievance-arbitration procedure, subject only to the normal restraints imposed

The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior

479 F.2d 842 · Court of Appeals for the D.C. Circuit · Feb 9, 1973

in fact they so qualify. 1. … Establishment of Pumping Stations, 36 Op.A.G. 480, 481-482 (1931).

APA Assessment Fee Litigation v. American Psychological Assoc.

766 F.3d 39 · Court of Appeals for the D.C. Circuit · Sep 5, 2014

The landlord cannot immunize himself from an unjust enrichment claim by performing services that the tenant never desired in the first place. … To “justify rescission of a contract based on a misrepresentation,” D.C. law requires a plaintiff to “establish, by a preponderance of the evidence, (i) a misrepresentation, (ii) made in reference to a material fact, that

State of New York v. Environmental Protection Agency, Clean Air Implementation Project, Intervenors

443 F.3d 880 · Court of Appeals for the D.C. Circuit · Mar 17, 2006

Given Congress's goal in adopting the 1977 amendments of establishing a balance between economic and environmental interests, see Wisconsin Elec. Power Co. v. … that the word "increases" in section 111(a)(4) is ambiguous, see New York I, 413 F.3d at 23 , does not suggest that the phrase "any physical change" is also ambiguous; unlike the latter, the former is unaccompanied by a qualifier