Case law

Cockrum v. Donald J. Trump for President, Inc.

319 F. Supp. 3d 158 · Court of Appeals for the D.C. Circuit · Jul 3, 2018

As the Supreme Court has explained, "restrictions on personal jurisdiction are more than a guarantee of immunity from inconvenient or distant litigation." Bristol-Myers Squibb Co. , 137 S.Ct. at 1780 (citation omitted). … But before the Court can address the two bases for specific jurisdiction, it is necessary to clearly delineate what is not at issue here.

Railway Labor Executives' Association v. United States of America and the Interstate Commerce Commission, Boston & Maine Corporation, Intervenors

987 F.2d 806 · Court of Appeals for the D.C. Circuit · Mar 12, 1993

The statute clearly mandates that “rights, privileges, and benefits” afforded employees under existing CBAs be preserved. 2 Unless, however, every word of every CBA were thought to establish a right, privilege, or benefit … Section 565(b)(3), as qualified by the next sentence of § 565(b), thus embodies the protection afforded by the labor protective conditions implemented under the ICA, which are not at issue here.

Blinded Veterans Ass'n v. Blinded American Veterans Foundation

872 F.2d 1035 · Court of Appeals for the D.C. Circuit · Apr 11, 1989

Dickinson, 245 F. 609, 627-28 (6th Cir.1917) (requiring defendant to qualify and explain its use of the term “sticky fly paper” to differentiate its product from plaintiff’s product of the same name); G. & C. … The evidence now in the record appears insufficient to establish this type of confusion.

Karl F. Ritz v. J. J. O'DOnnell

566 F.2d 731 · Court of Appeals for the D.C. Circuit · Oct 6, 1977

However, in the last analysis the charged parties did not clearly and finally demand the presence of the charging parties before the Hearing Board. See note 7, Maj.Op. … It does not establish a discretionary right. In such a case it is no.t necessary to try to ferret out and document actual prejudice.

Fincl Plng Assn v. SEC

482 F.3d 481 · Court of Appeals for the D.C. Circuit · Mar 30, 2007

Cir. 1991) (“[T]he expressio canon is simply too thin a reed to support the conclusion that Congress has clearly resolved the issue.”). … That is,  8 a person who qualifies for relief under clause (1) cannot also obtain relief under clause (6).

Comer Blocker v. United States

288 F.2d 853 · Court of Appeals for the D.C. Circuit · Mar 3, 1961

It is an example of exercising judicial power beyond judicial comprehension in an area where not even relative certainties are established. … There are very few people who could not qualify under this test * * Dr. C. Savage, Discussion, 116 Am. J. of Psychiatry 295, 296 (1959). *860 Dr. John R.

Indiana Broadcasting Corp. v. Federal Communications Commission

407 F.2d 681 · Court of Appeals for the D.C. Circuit · Dec 5, 1968

Since the projects were beyond the scope of the distant signal rule, it was incumbent upon petitioner, to qualify the cases for an evidentiary hearing, to “state fully and precisely all pertinent facts and circumstances relied … We recently adverted to the need for “factual specificity in petitions for waiver and in the proof,” and for Commission adjudications that “clearly articulate the public interest considerations on which it determines to waive

James R. Nestor v. Lewis B. Hershey

425 F.2d 504 · Court of Appeals for the D.C. Circuit · Dec 16, 1969

The Appellant Qualified for a I-S Deferment Under Paragraph 6(i) (2). We conclude that appellant qualified under the general rule of paragraph 6(i) (2) for a I-S deferment until the end of the academic year. … We have no stipulation before us, and the issue of mootness is vigorously contested by appellant who clearly asserts his procedural rights.

Davy v. Central Intelligence Agency

550 F.3d 1155 · Court of Appeals for the D.C. Circuit · Dec 19, 2008

These findings are based on inappropriate considerations and clearly erroneous findings of fact. … The dissent’s dismissive aside about whether Davy should qualify as a “journalist” under these elements of the test is thus a red  4 herring.

Senate of the Commonwealth of Puerto Rico on Behalf of Judiciary Committee v. United States Department of Justice

823 F.2d 574 · Court of Appeals for the D.C. Circuit · Jun 23, 1987

Clearly, it is not consistent with the broad remedial purpose of the FOIA to permit such agency maneuvering. … Bell, 603 F.2d 945, 952 (D.C.Cir.1979), Rule 6(e) does so qualify because it was specifically adopted by an Act of Congress. Fund for Constitutional Government v.

A.G. Becker Inc. v. Board of Governors of The Federal Reserve System

693 F.2d 136 · Court of Appeals for the D.C. Circuit · Nov 2, 1982

Clearly, the scope of the term may differ in these differing contexts. … Moreover, our reasoning applies to other commercial paper which falls within the Board’s guidelines — i.e., prime qualify commercial paper, of maturity less than nine months, sold in denominations of over $100,000 to financially

Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Commission

762 F.3d 97 · Court of Appeals for the D.C. Circuit · Aug 15, 2014

The statute provides that a certificate “shall be issued to any qualified applicant” upon a finding that “the applicant is able and willing properly to do the acts and to perform the service proposed . . . and that the proposed … We thus accept FERC’s conclusion that the “Currie Report” does not establish any firm present or future plans by Millennium to upgrade the Neversink Segment. 7 6 Although never clearly explained, Petitioners seem to call

United States v. Tarek Abou-Khatwa

40 F.4th 666 · Court of Appeals for the D.C. Circuit · Jul 15, 2022

To begin with, that amount would likely still qualify as intrinsic evidence, outside of Rule 404(b)’s scope, because it constitutes “uncharged acts performed contemporaneously with the charged crime,” and the very act of … Client testimony was needed to establish that Abou-Khatwa knew their true birthdates and employer on the relevant dates.

United States v. Joseph R. Jackson

627 F.2d 1198 · Court of Appeals for the D.C. Circuit · Feb 8, 1980

The Trial The Government’s evidence showed that in June 1977, agents of the joint Metropolitan Police-Drug Enforcement Administration (DEA) Task Force, under a promise of immunity, induced Catherine Holmes to aid them in … Some courts rule that a “fair preponderance” of independent evidence is required to establish the existence of the conspiracy.

Association of National Advertisers, Inc. v. Federal Trade Commission Kellogg Company, a Corporation v. Federal Trade Commission Chocolate Manufacturers Association of the United States of America, Inc. v. Federal Trade Commission. Toy Manufacturers of America, Inc. v. Federal Trade Commission

617 F.2d 611 · Court of Appeals for the D.C. Circuit · Oct 2, 1979

Moreover, Congress granted parties only qualified cross-examination rights, not trial-type cross-examination. 15 U.S.C. § 57a(c)(2), (3). … These procedures are supplemented by the Commission's rules ( 16 C.F.R. § 1.7 et seq.) and by procedures established in the notice of proposed rulemaking * * * .

National Audubon Society, Inc., a Nonprofit Corporation v. James G. Watt, Secretary of the Department of the Interior of the Unitedstates, Both Individually and in His Official Capacity Appeal of the State of North Dakota and Garrison Diversion Conservancydistrict. National Audubon Society, Inc., a Nonprofit Corporation v. James G. Watt, Secretary of the Department of the Interior of the Unitedstates, Both Individually and in His Official Capacity Appeal of the State of North Dakota and Garrison Diversion Conservancydistrict

678 F.2d 299 · Court of Appeals for the D.C. Circuit · May 7, 1982

The Context of the Agreement 21 The opening paragraphs of the Stipulation and Order clearly set forth the purposes of the parties at the time they entered into the agreement. … Having done all this, however, and having given consideration to such information, they should be immune from incessant litigation.

Leather Industries of America, Inc. v. Environmental Protection Agency

40 F.3d 392 · Court of Appeals for the D.C. Circuit · Nov 15, 1994

Once it complies with the Table 1 limits, it must comply either with the Table 3 limits — qualifying as “clean” sludge — or with the cumulative limits in Tables 2 and 4. Each option is discussed below. 4 2. … Clearly, the EPA’s mandate to establish standards "adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant," 33 U.S.C. § 1345 (d)(2)(D), does not give the EPA

Natural Resources Defense Council, Inc. v. John S. Herrington, Secretary, U.S. Department of Energy, Hydronics Institute, Florida Department of Community Affairs, Intervenors. California State Energy Resources Conservation and Development Commission v. Department of Energy, and John S. Herrington, Secretary of the Department of Energy, Hydronics Institute, Florida Department of Community Affairs, Intervenors. Natural Resources Defense Council, Inc. v. John S. Herrington, Secretary, U.S. Department of Energy, State of Texas, Association of Home Appliance Manufacturers, Whirlpool Corporation, Air Conditioning and Refrigeration Institute, Gas Appliance Manufacturers Assoc., Hydronics Institute, Florida Department of Community Affairs, Intervenors. California State Energy Resources Conservation and Development Commission v. Department of Energy, and John S. Herrington, Secretary of the Department of Energy, Association of Home Appliance Manufacturers, Whirlpool Corporation, Gas Appliance Manufacturers Assoc., Air-Conditioning and Refrigeration Institute, Intervenors. The State of Minnesota, by Its Attorney General, Hubert H. Humphrey III v. The United States Department of Energy, John S. Herrington, Secretary, State of New York v. United States Department of Energy, Whirlpool Corporation & Heil-Quaker Corporation, Air-Conditioning and Refrigeration Institute, Gas Appliance Manufacturing Assoc., Association of Home Appliance Manufacturers, Intervenors

768 F.2d 1355 · Court of Appeals for the D.C. Circuit · Jul 16, 1985

In our view, these questions were clearly material to the rulemaking. … The table compares savings from furnace standards to the source consumption of an appliance qualifying for discretionary standards, rather than to the site consumption of an electrical appliance so qualifying.

United States v. Avance R. Allen

629 F.2d 51 · Court of Appeals for the D.C. Circuit · May 27, 1980

The world we have, if we would not make enforcement eunuchs of our police, must make room for the honest, reasonable, common sense mistake of fact in making an arrest in the presence of what clearly appears to all reasonable … But, "discretion does not mean immunity from accountability." United States v. Dwyer, supra, 539 F.2d at 928 .

ASA Investerings v. Cmsnr IRS

Court of Appeals for the D.C. Circuit · Feb 1, 2000

Because the LIBOR notes provided for 20 quarterly pay- ments at a variable rate, and the PPNs were not sold on an established securities market, the sale of the PPNs qualified for use of the installment method. … We agree if engag- ing in business activity were sufficient to validate a partner- ship ASA would qualify.