Case law

Armenian Assembly of America v. Gerard Cafesjian

758 F.3d 265 · Court of Appeals for the D.C. Circuit · Jul 15, 2014

They considered hiring an executive director and even received resumes from several qualified candidates, but they never moved forward with interviews, albeit in part due to a sense that AGM&M lacked the funds needed to create … Supp. 2d at 116-17; id. at 116 (“[T]he record does not clearly show that any actions by Cafesjian and Waters caused AGM&M to lose donors.”).

United States v. Williams Companies, Inc.

562 F.3d 387 · Court of Appeals for the D.C. Circuit · Apr 17, 2009

Just as clearly, however, WPC has not demonstrated that disclosure of its documents to a criminal defendant under Brady and Rule 16 lay beyond the scope of its confidentiality agreement with the government. … In Brady, the Supreme Court established the prosecution’s affirmative duty to disclose material evidence “favorable to an accused,” 373 U.S. at 87.

Judicial Watch, Inc. v. Department of Justice

365 F.3d 1108 · Court of Appeals for the D.C. Circuit · May 7, 2004

The court instructed that ‘‘[n]ot every person who plays a role in the development of presidential advice, no matter how remote and removed from the Presi- dent, can qualify for the privilege. … The ‘‘Task Force’’ was established by the President to advise him on health care legislation. 997 F.2d at 901.

Indiana Broadcasting Corporation (Wane-Tv) v. Federal Communications Commission, and United States of America, G T & E Communications Inc., Intervenor. Indiana Broadcasting Corporation (Wane-Tv) v. Federal Communications Commission, and United States of America, Shardco Cablevision, Inc., Intervenor

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

John T. Watkins v. United States

233 F.2d 681 · Court of Appeals for the D.C. Circuit · May 22, 1956

Among these recommendations which the Congress has not acted upon are those which provide that witnesses appearing before congressional committees be granted immunity from prosecution on the information they furnish. 33 ' … Moreover, even if the unbridled power of exposure were claimed by some members of Congress, the claim would not establish its use in any particular inquiry.

West Coast Exploration Co. v. McKay Secretary of Interior

213 F.2d 582 · Court of Appeals for the D.C. Circuit · Jun 1, 1954

The correct course of action was clearly described by Mr. Justice Brandéis in Lambert'Run Coal Co. v. Baltimore & Ohio R. R. Co. 16 and was followed by this court in American Dredging Co. v. … In respect of sodium, the Secretary of the Interior is authorized to grant to any qualified applicant a prospecting permit for chlorides, sulphates, carbonates, borates, silicates, or nitrates of sodium dissolved in and soluble

Friends of Animals v. David Bernhardt

961 F.3d 1197 · Court of Appeals for the D.C. Circuit · Jun 16, 2020

However, harms to an organization’s interests in litigation, lobbying, or pure issue advocacy do not qualify. Id. at 1093–94. … At the pleading stage, those allegations suffice to establish Friends of Animals’ standing to challenge the Service’s decision to make findings on a case-by-case basis.

United States v. Francisco Martin Duran

96 F.3d 1495 · Court of Appeals for the D.C. Circuit · Oct 8, 1996

Evidence presented at trial established that on September 13, Duran bought an assault rifle and about 100 rounds of ammunition. … United States, we stated that a simple denial, by which the defendant merely “puts the government to its proof,” does not qualify as a “substantial” defense. See Harried v.

Red Lion Broadcasting Co., Inc. v. Federal Communications Commission and United States of America

381 F.2d 908 · Court of Appeals for the D.C. Circuit · Jun 13, 1967

Except for the use of its facilities by legally qualified candidates, the licensee is fully responsible for all matter which is broadcast over its station. … The first amendment establishes an informed electorate as the foundation stone of a democracy.

Ali Hamza Ahmad al Bahlul v. United States

Court of Appeals for the D.C. Circuit · Jul 14, 2014

No. 109-366, 120 Stat. 2600, to authorize the establishment of law-of-war military commissions and to establish procedures governing their use. … Bahlul’s jury trial, equal protection, and freedom of speech challenges are clearly meritless.

Natl Treas Empl v. FLRA

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

“Clearly, it does not,” the Authority concluded, because “[b]ased 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

Hyatt v. Iancu

332 F. Supp. 3d 83 · Court of Appeals for the D.C. Circuit · Jul 31, 2018

Hite's claim mapping technique very clearly points out where the specification recites the features appearing in the still-challenged claims. … Strangely, although PTO argues that the Court should not consider the video as evidence establishing that Mr.

American Federation of Labor and Congress of Industrial Organizations v. Alfred E. Kahn, Chairman, Council on Wage and Price Stability

618 F.2d 784 · Court of Appeals for the D.C. Circuit · Sep 14, 1979

The majority adds that because no one has a “right” to a government contract, the government can qualify its willingness to do business on any condition it pleases. … the kinds of wage and price requirements the President has established here.

David M. Robinson v. United States

459 F.2d 847 · Court of Appeals for the D.C. Circuit · Jan 3, 1972

in properly confining its treatment within zones of relevance. 77 “[T]he very essence of this rule is that the evidence be such that the jury is unlikely to be confused by it or misuse it,” 78 and that, we believe, was clearly … We need not decide whether this case would qualify under the “simple and distinct” principle in the absence of the mutual *860 admissibility of the four drug sales which we have already found.

Natl Assn Bcaster v. Librarian Cong

146 F.3d 907 · Court of Appeals for the D.C. Circuit · Jun 26, 1998

Clearly, the most important element of the decision was the "judgment" of the Panel. … whether the Tribunal's decision was (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

American Maritime Association v. Blumenthal

590 F.2d 1156 · Court of Appeals for the D.C. Circuit · Jan 24, 1979

vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States . . . . 24 13 With regard to the Virgin Islands, however, the above language is qualified … The Ports and Waterways Safety Act of 1972, as amended by the Magnuson Amendment, applies broadly and clearly to "(a)ll vessels . . . which are documented under the laws of the United States Or enter the navigable waters

Florida Power & Light Co. v. United States

846 F.2d 765 · Court of Appeals for the D.C. Circuit · May 13, 1988

Clearly, Congress intended NRC to go beyond the impositions of fees already assessable under IOAA. See FPL Brief at 28; maj. op. at 769. … Instead, the NRC cites us to a very different judicial gloss of the word “fee” found in the context of intergovernmental tax immunity. See NRC Brief at 40 n. 29.

Ramah Navajo School Board, Inc. v. Babbitt

87 F.3d 1338 · Court of Appeals for the D.C. Circuit · Aug 6, 1996

Thus, he argues, the policy qualifies as a "general statement of policy," which falls outside the scope of both § 450k and the APA's notice and comment procedures. 15 46 This argument, however, hinges on the unreviewability … But inherent in the power to impose a deadline is the power to establish consequences for those failing to meet it.

Local 808 v. National Mediation Board

888 F.2d 1428 · Court of Appeals for the D.C. Circuit · Feb 23, 1990

While it is clear that the Board does not have absolute immunity from judicial scrutiny, see, e.g., Machinists, 425 F.2d at 542-43 (determining that in the "rare and unusual case ... notwithstanding the vigorous presumption … The "foregoing provisions" clearly include section 5, 45 U.S.C. Sec. 155 First (1982), which gives the Board the power to determine when mediation is unsuccessful.

Browning-Ferris Indus. of Cal., Inc. v. Nat'l Labor Relations Bd.

911 F.3d 1195 · Court of Appeals for the D.C. Circuit · Dec 28, 2018

Greyhound Corp., 376 U.S. 473 (1964), the Court held that a putative joint employer must “possess[] sufficient control over the work of the employees to qualify as a joint employer,” id. at 481. … We nevertheless held that, as to Herbert Harvey’s employees, the “record clearly shows a basis for finding that Harvey and the Bank are joint employers[.]” Id.; see also International Chem. Workers Union Local 483 v.