Case law

United States v. Andrew P. Leazer

460 F.2d 864 · Court of Appeals for the D.C. Circuit · Jan 19, 1972

The defense case was grounded on an insanity defense, which appellant attempted to establish by presenting three expert witnesses. … A defendant is entitled to rely on the government to provide a legally adequate examination at the hospital to which he is committed for observation. 8 And the examination is clearly inadequate if conducted by experts who

Office of Communication of the United Church of Christ v. Federal Communications Commission

707 F.2d 1413 · Court of Appeals for the D.C. Circuit · May 10, 1983

If the criterion of “public interest” were limited to such matters, how could the Commission choose between two applicants for the same facilities, each of whom is financially and technically qualified to operate a station … Congress amended the equal time provision in order to exempt appearances on news programs, but qualified its exemption by stating that it intended no exception “from the obligation imposed upon them under this Act to operate

Rosenberg v. United States Department of Immigration & Customs Enforcement

13 F. Supp. 3d 92 · Court of Appeals for the D.C. Circuit · Feb 3, 2014

were compiled for law enforcement purposes as required for Exemption 7(C), the Court has “no need to consider Exemption 6 separately because all informátion that would fall within the scope of Exemption 6 would also be immune … The Court finds the FBI has now met its burden of establishing that 7(E) exempts the series of questions withheld on Rubashkin-734-735.

Microimage Display Division of Xidex Corporation v. National Labor Relations Board, Local 619, Allied Industrial Workers of America, Afl-Cio, Intervenor. Local 619, Allied Industrial Workers of America, Afl-Cio v. National Labor Relations Board

924 F.2d 245 · Court of Appeals for the D.C. Circuit · Mar 4, 1991

There is little doubt that the transfer of Sadowski qualifies as "discrimination in regard to ... [a] term or condition of employment." It therefore comes within the scope of section 8(a)(3). … Only when a remedy is "clearly inadequate" will we upset the Board's choice of how best to effectuate the policies of the Act. International Union of Elec., Radio & Mach. Workers, Local 806 v.

St NY v. EPA

Court of Appeals for the D.C. Circuit · Mar 17, 2006

Paragraph (cc)(1) establishes that the fixed capital cost of the replacement component cannot exceed twenty percent of the replacement value of the process unit. … Given Congress’s goal in adopting the 1977 amendments of establishing a balance between economic and environmental interests, see Wisconsin Elec. Power Co. v.

United States v. Belt

514 F.2d 837 · Court of Appeals for the D.C. Circuit · Jun 16, 1975

The Government concedes the error, as it must in light both of the explicit limiting language of 14 D.C.Code § 305 and the legislative history of that statute, which latter clearly indicates that Congress did not regard “ … The theory is that the State should be permitted to show that the defendant-witness’ credibility is qualified by his past record of delinquent behavior.

National Treasury Employees Union v. Federal Labor Relations Authority

856 F.2d 293 · Court of Appeals for the D.C. Circuit · Nov 23, 1988

Thus, the FLRA’s cease and desist order issued here was adequate even judged according to the most expansive view of what qualifies as a suitable remedy under the National Labor Relations Act. … As such, the House Report is clearly the most authoritative legislative history regarding this provision. See American Jewish Congress v. Kreps, 574 F.2d 624 , 629 n. 36 (D.C.Cir.1978); American Airlines, Inc. v.

Natural Resources Defense Council v. Andrew Wheeler

955 F.3d 68 · Court of Appeals for the D.C. Circuit · Apr 7, 2020

Cir. 2017) (per curiam), we held that a stay of a regulation pending the resolution of a petition for reconsideration of the regulation qualified as final action: “In effect, the Administrator has granted a modification of … As EPA explained, “The court clearly intended to vacate the 2015 Rule to some ‘extent.’” 83 Fed Reg. at 18,434. A different remedy—for instance, one enjoining particular Broad. Ass’n v.

United States v. Andrew F. Burton

584 F.2d 485 · Court of Appeals for the D.C. Circuit · Aug 24, 1978

It is firmly established that the granting or refusal of a continuance is a matter within the discretion of the judge who hears the application, and is not subject to review absent a clear abuse. 9 Yet when the continuance … Hutter is a well qualified lawyer, I do not feel he is able to handle the case alone without the assistance of someone who has the skill as with Attorney Roundtree.

In Re Sealed Case No. 98-3116

199 F.3d 488 · Court of Appeals for the D.C. Circuit · Dec 28, 1999

Since appellant had been convicted of two prior felony drug offenses, she qualified as a career offender under s 4B1.1 and thus her offense level was raised to thirty-two. … How- ever, since the court ruled that appellant's two prior convic- tions qualified her as a career offender, her sentencing range was 151-188 months.

Environmental Defense Fund, Inc. v. Environmental Protection Agency

548 F.2d 998 · Court of Appeals for the D.C. Circuit · Nov 10, 1976

We think that once the Board has established that existing service is inadequate to meet the needs of a community, it has discharged its burden of proof. … Because we held in our panel opinion that § 7(c) was not intended to govern the allocation of the burden of persuasion, we found it unnecessary to decide whether suspension hearings held under FIFRA might not qualify as a

Pub. Citizen, Inc. v. Trump

297 F. Supp. 3d 6 · Court of Appeals for the D.C. Circuit · Feb 26, 2018

Deregulatory actions need not qualify as "significant" and thus take a "wide[r] range" of forms than regulatory actions. Id. Second, unlike prior executive orders, cf. Exec. … But, again, establishing standing based on an increased risk of harm requires more.

United States Court of Appeals, District of Columbia Circuit

590 F.2d 1139 · Court of Appeals for the D.C. Circuit · Feb 27, 1979

Although the Labor Management Relations Act, 1947, outlawed the closed shop, which required a worker to join a union before qualifying for a job, § 101, 61 Stat. 140 , permissible forms of union security include the union … In its order of June 2, 1977, the district court established further facts under Rule 37(b)(2)(A). J.A.

Kurd v. Republic of Turk.

374 F. Supp. 3d 37 · Court of Appeals for the D.C. Circuit · Mar 18, 2019

Accordingly, this allegation fails to establish any sort of agreement among Defendants. … During the protest that ensued, Plaintiffs held up signs clearly indicating their purpose for protesting-calling attention to the treatment of the Kurdish minority in Turkey. Id. at ¶ 63 .

Nat Resrc Def Cncl v. EPA

Court of Appeals for the D.C. Circuit · Jul 10, 2009

The EPA has long allowed emissions reductions occurring before a permit application to qualify as offset credits under specified circumstances. … No. 95-95, § 108(b), 91 Stat. 685, 694 (Aug. 7, 1977) (establishing construction ban) (1977 CAA Amendments).

John J. Hilbert, Jr. v. District of Columbia, a Municipal Corporation

23 F.3d 429 · Court of Appeals for the D.C. Circuit · May 17, 1994

Under the conventional no-docking rule, employees subject to these laws could never qualify for the "executive, administrative, or professional" exemption. … Instead, by giving examples of permissible additional payments, DOL clearly intended for some other additional payments to be impermissible. 50 Paragraph (b) gives three examples of legitimate additional payments: the first

Cablevision Systems Corp. v. Federal Communications Commission

649 F.3d 695 · Court of Appeals for the D.C. Circuit · Jun 10, 2011

. § 548(c)(1), and subsection (c)(2) establishes “[m]inimum contents” for those regulations. … Cir. 1987) (“That some issues are unresolved does not in itself render unfit the ones that the agency has clearly determined.”). Moreover, in contrast to Sprint Corp. v.

Securities & Exchange Commission v. Wall Street Publishing Institute, Inc., D/B/A Stock Market Magazine

851 F.2d 365 · Court of Appeals for the D.C. Circuit · Jun 21, 1988

SEC] claims that in seeking injunctions which track the language of the Securities Exchange Act and the Securities Act it is not seeking to enjoin the publication of Stock Market Magazine, the effect of such an Order is clearly … While it is true that after Lowe , the Stock Market Magazine cannot be considered an investment adviser within the meaning of the Investment Advisers Act, we do not think that the feature articles are necessarily immune from

Production Workers Union of Chicago & Vicinity, Local 707 v. National Labor Relations Board

793 F.2d 323 · Court of Appeals for the D.C. Circuit · Jun 13, 1986

The matter at hand, the opinion concedes, “is clearly not” such a case. … Congress and the courts long ago clearly established that Section 8(b)(4) bars only pressure against neutrals, and the Board has adduced no remotely tenable argument for its breathtakingly novel interpretation of the provision

National Citizens Committee for Broadcasting v. Federal Communications Commission

555 F.2d 938 · Court of Appeals for the D.C. Circuit · Mar 1, 1977

The Commission has sought to limit divestiture to cases where the evidence discloses that cross-ownership clearly harms the public interest. … In Citizens, the Commission’s policy statement on comparative hearings was invalidated because it improperly denied a full hearing to qualified license challengers.