Case law

Orengo Caraballo v. Reich

11 F.3d 186 · Court of Appeals for the D.C. Circuit · Dec 10, 1993

REGULATORY BACKGROUND Under the H-2A program, established by the Immigration and Nationality Act, Pub.L. No. 82-414, 66 Stat. 163 (1952), as amended by the Immigration Reform and Control Act of 1986 (“IRCA”), Pub.L. … § 100.2 ) to approve such a request for alien importation under the H-2A program, the employer must first petition the Secretary of Labor to certify that: (A) there are not sufficient workers who are able, willing, and qualified

Kendall v. Gore Properties

236 F.2d 673 · Court of Appeals for the D.C. Circuit · Jul 17, 1956

Certainly such circumstances were not open to her observation, and she clearly had a right to assume that the landlord neither would create a risk nor expose her to possible danger through his introduction into her apartment … . 43 Both parties have recognized, and briefed us concerning rulings on, various evidence problems, but it seems unlikely that much question will arise, if as we assume and expect in the light of the record, Porter will qualify

National Petroleum Refiners Association v. Federal Trade Commission

482 F.2d 672 · Court of Appeals for the D.C. Circuit · Aug 6, 1973

Moreover, the platforms of both the Republican and the Progressive Parties in the 1912 election called for establishment of a commission. … Such supervision raised the spectre of possible governmental immunization, through regulation, of monopolistic practices from more straightforward legal attack. See G.

McDowell v. Government of the District of Columbia

233 F.R.D. 192 · Court of Appeals for the D.C. Circuit · Feb 9, 2006

Clearly, if information is not entered into the system in the first place, it cannot be retrieved by a query of the database. … Plaintiffs ability to do so is clearly hindered by her inability to obtain the desired PD 163’s. Defendants’ conduct is thus prejudicial to plaintiffs ability to establish the necessary elements of a Monell claim. B.

Trailer Marine Transport Corporation v. Federal Maritime Commission

602 F.2d 379 · Court of Appeals for the D.C. Circuit · May 11, 1979

result will be just the opposite. 94 Nor will the "freedom of the seas," so ardently defended by the FMC, hereby be placed in jeopardy. 95 54 Furthermore, no demonstration whatsoever has been made that the ICC is not as well qualified … Federal Maritime Commission, supra, 119 U.S.App.D.C. at 114-15, 337 F.2d at 150-51 (upholding § 21 order to aid ongoing Commission trade study where purposes were clearly set forth and "reasonableness of rates" was clearly

Southeast Shipyard Association v. United States of America, Pacific King Fisheries, Inc., Southeast Shipyard Association v. United States of America, Pacific King Fisheries, Inc., Southeast Shipyard Association v. United States of America

979 F.2d 1541 · Court of Appeals for the D.C. Circuit · Nov 24, 1992

The Supreme Court has often stated that statutory language might not be conclusive if there is a "clearly expressed legislative intention to the contrary," Consumer Product Safety Comm'n v. … We will assume the two sentences in the House Report qualify as a "clearly expressed" intention contrary to the meaning of the words of the savings clause.

Decker v. Federal Trade Commission

176 F.2d 461 · Court of Appeals for the D.C. Circuit · Jun 6, 1949

When they do so they can claim no immunity by reason of a patent. It cannot be made a cover for violation of law. Standard Sanitary Mfg. Co. v. U. S., 1912, 226 U.S. 20, 49 , 33 S.Ct. 9 , 57 L.Ed. 107 ; Virtue v. … This is well established, but it is not relevant to the question in the instant case as to the power of the Trade Commission to review collaterally the correctness of the decision of the Commissioner of Patents in respect

National Broadcasting Company, Inc. v. Federal Communications Commission and the United States of America, Accuracy in Media, Inc., Intervenor

516 F.2d 1101 · Court of Appeals for the D.C. Circuit · Jul 11, 1975

Here again we have a general comment on the plans, that the eligibility requirements are not clearly identified. … “(e) Where a licensee, in an editorial, (1) endorses or (ii) opposes a legally qualified candidate or candidates, the licensee shall, within 24 hours after the editorial, transmit to respectively (i) the other qualified candidate

Keith Thomas v. Eric Holder, Jr.

750 F.3d 899 · Court of Appeals for the D.C. Circuit · May 6, 2014

Moreover, to trigger the right of access, these claims must qualify as non-frivolous. See id. at 352 n. 2, 353 n. 3, 116 S.Ct. 2174 . … But clearly, the fact that a statute postdates a constitutional decision cannot somehow render that statute constitutional.

Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc.

778 F.3d 142 · Court of Appeals for the D.C. Circuit · Feb 20, 2015

A finding is clearly erroneous, even where there is record evidence to support it, if “the reviewing court on the entire record is left with the definite and firm conviction that a mistake has been committed.” Awad v. … Taylor, 329 U.S. 495 (1947), where it was asked to define the reach of the pre-trial deposition and discovery mechanisms established by the then- new Federal Rules of Civil Procedure.

Aguayo, Agustin v. Harvey, Francis

476 F.3d 971 · Court of Appeals for the D.C. Circuit · Feb 16, 2007

An applicant who would have qualified for CO status before entering the military, however, generally is not eligible for CO classification once in the service. Id. § 75.4(a). … Clearly, this was not an open-and-shut case: both Aguayo’s Company Commander and the investigating officer recommended the application be approved.

Neild v. District of Columbia

110 F.2d 246 · Court of Appeals for the D.C. Circuit · Jan 15, 1940

Clearly there is a substantial difference between the two; sufficient to satisfy even the requirements of the Fourteenth Amendment. 63 *260 While the power of selection for classification is not an arbitrary one but must, … It has been held, also, that the privileges and immunities clause (U.S.Const. Art.

Maine Public Utilities Commission v. Federal Energy Regulatory Commission

520 F.3d 464 · Court of Appeals for the D.C. Circuit · Mar 28, 2008

evidence to establish a reasonable range of rates. … This case is clearly outside the scope of the Mobile-Sierra doctrine.

Continental Airlines, Inc. v. U.S. Department Of Transportation

856 F.2d 209 · Court of Appeals for the D.C. Circuit · Aug 26, 1988

Resort to Congress' general purposes will not override its clearly expressed intent that the DOT follow the time limits or transmit the ALJ's decision. 42 2. … directly to the situation which we confront on this appeal, i.e., the time for decision of a merger with a subsequent condition (see e.g., maj. op. at 212-213), it has, nevertheless, by construing a statute out of its context, qualified

John H. Vandermolen v. John C. Stetson, Secretary of the Air Force

571 F.2d 617 · Court of Appeals for the D.C. Circuit · Dec 23, 1977

Indeed, that policy cannot be successfully challenged; a soldier whose obedience to legal orders is qualified or selective has no place in the military. … He would still have been disqualified from missile duty; he would still have been seeking to qualify his obedience to orders.

City of Willcox v. Federal Power Commission

567 F.2d 394 · Court of Appeals for the D.C. Circuit · Jun 30, 1977

Solutions to both of these causal factors are clearly outside the scope of the Commission’s jurisdiction.” (J.A. 436; Tr. 16609-16610). … To all this we add a qualifying note. Any reasonable person will recognize that a meaningful and final EIS cannot be prepared on all aspects of any plan until the full details of that plan are known.

American Flint Glass Workers' Union of North America v. National Labor Relations Board, Bartlett-Collins Company, Intervenor

230 F.2d 212 · Court of Appeals for the D.C. Circuit · Jan 30, 1956

The Board, in its order of October 19, 1954, the order appealed from, reversed the examiner's findings and found that, upon the whole record, the General Counsel had failed to establish, by a preponderance of the evidence … It seems to adopt for examiners of administrative agencies the 'clearly erroneous' rule of the Fed.Rules Civ.Proc., 52(a), 28 U.S.C.A., applicable to courts. In Universal Camera Corp. v.

National Treasury Employees Union v. Federal Labor Relations Authority

414 F.3d 50 · Court of Appeals for the D.C. Circuit · Jul 8, 2005

“Clearly, it does not,” *165 the Authority concluded, because “[biased on the record, there is no question but that bargaining over a new term agreement would extend beyond the narrow scope of issues related to the procedures … The language of the statute does indeed qualify the management rights: The phrase “nothing ... shall affect the authority of any management official of any agency” begins subsection (a), while the provision that “[n]othing

Communications Satellite Corp. v. Federal Communications Commission

611 F.2d 883 · Court of Appeals for the D.C. Circuit · Oct 14, 1977

This has been in keeping with the Supreme Court’s governing rule established in Hope Natural Gas as detailed above. … His criticism clearly ran to including previous losses in the capital structure no matter what the standard. .

Melvin Brown v. Sandra Hill

Court of Appeals for the D.C. Circuit · May 19, 2023

To qualify for equitable tolling, Brown had to establish “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way.” Pace v. … Brown fails to establish all of these elements in the fourth amended complaint.