Case law

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.

Jerome Thomas Lamprecht v. Federal Communications Commission, Barbara Driscoll Marmet and Dragon Communications, Inc., Intervenors

958 F.2d 382 · Court of Appeals for the D.C. Circuit · Feb 19, 1992

In practice, this means that well-qualified women have been rejected *411 for licenses because the FCC thinks they will not be sufficiently involved in daily programming decisions. See, e.g., Alexander S. … But the CRS study not only fails to disprove Congress’s judgments, it clearly supports them.

Association of Battery Recyclers, Inc. v. U.S. Environmental Protection Agency

208 F.3d 1047 · Court of Appeals for the D.C. Circuit · Apr 21, 2000

They ask how secondary material held for recycling in production could possibly qualify as “waste” when the statute defines “waste” as “discarded materials”?. 42 U.S.C. § 6903 (27). The question is not a new one. … After examining the structure and history of RCRA, see id. at 1184-92, the AMC I court concluded: “Congress clearly and unambiguously expressed its intent that ‘solid waste’ (and therefore EPA’s regulatory authority) be limited

Brown, Regina C. v. Brody, Kenneth D.

199 F.3d 446 · Court of Appeals for the D.C. Circuit · Dec 21, 1999

Although Brown clearly knew of __________ 11 See Mattern v. Eastman Kodak Co., 104 F.3d 702, 708, 710 (5th Cir. 1997); Rabinovitz v. … "[T]he employer has discretion to choose among equally qualified candidates, pro- vided the decision is not based upon unlawful criteria.

National Federation of Federal Employees v. Cheney

884 F.2d 603 · Court of Appeals for the D.C. Circuit · Aug 29, 1989

employment, AR 600-85 para. 5-14c(3)(a), and employees who test positive “may be subject to adverse action,” identified as reassignment or demotion to a noncritical job, or “if there is no job available for which the employee is qualified … In this case, like Von Raab and Skinner , the government’s interests in testing are clearly other than the ordinary need for law enforcement.

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.

In re: Donald Trump

Court of Appeals for the D.C. Circuit · Apr 14, 2026

Id. at 66 (cleaned up).  26 territorial United States, even if the later TRO did not include the explicit “from the United States” qualifier. … Establishment Inspection, 881 F.2d at 726.

Sang Seup Shin v. Immigration and Naturalization Service

750 F.2d 122 · Court of Appeals for the D.C. Circuit · Dec 14, 1984

Sec. 1151 (b) (only "children, spouses, and parents of a citizen of the United States" can qualify for "immediate relative" status). Shin simultaneously applied for adjustment of status. … Shin had failed to establish extreme hardship and, in so concluding, took expressly into account the circumstances of Mr.

The Nation Magazine, Washington Bureau, and Max Holland v. United States Customs Service

71 F.3d 885 · Court of Appeals for the D.C. Circuit · Dec 8, 1995

It described one plan, outlined in a 1981 memorandum from Chadwick to senior Customs officials ("Chadwick memo”), that called for Perot to establish "an aircraft refueling station, to be operated by Perot-financed commandos … Clearly Customs did not simply refuse to take any action on the request. 4 .

The Governors Of The United States Postal Service v. The United States Postal Rate Commission

654 F.2d 108 · Court of Appeals for the D.C. Circuit · May 29, 1981

He believed his system was superior to the Service's plan because it contemplated free entry into the telecommunications phase by any qualified carrier and permitted the use of more modern and less expensive computers and … Among other powers, the Board may issue rules governing the Postal Service, provide for the collection and delivery of mail, establish postal rates and mail classification, establish postal facilities and services, investigate

No. 82-2182

712 F.2d 640 · Court of Appeals for the D.C. Circuit · Jul 8, 1983

A resolution imposed on the parties by the Federal Service Impasses Panel, the Union maintains, cannot qualify as an "agreement" under the Act. … The Act securely establishes that all "conditions of employment" are presumed to be mandatory subjects of bargaining, and does not clearly indicate that grievance procedure scope is to be treated otherwise.

Fulani v. Brady

935 F.2d 1324 · Court of Appeals for the D.C. Circuit · Jun 14, 1991

Fulani’s allegations were set out most clearly in an affidavit sworn prior to the 1988 election by Fred Newman, Fulani’s campaign manager. … Establishing a causal nexus between the Commission’s tax exemption and Fulani’s injury requires no similar guesswork.

Monsanto Company v. Donald Kennedy, as Commissioner of Food and Drugs, and Joseph A. Califano, Jr., as Secretary of Health, Education and Welfare, the Society of the Plastics Industry, Inc. v. Donald Kennedy, as Commissioner of Food and Drugs, and Joseph A. Califano, Jr., as Secretary of Health, Education and Welfare, Vistron Corporation v. Joseph A. Califano, as Secretary of Health, Education and Welfare and Donald Kennedy, as Commissioner of Food and Drugs, the Continental Group, Inc. v. Donald Kennedy, Commissioner of Food and Drugs

613 F.2d 947 · Court of Appeals for the D.C. Circuit · Nov 6, 1979

discuss below, there is latitude inherent in the statutory scheme to avoid literal application of the statutory definition of "food additive" in those De minimis situations that, in the informed judgment of the Commissioner, clearly … manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified

Grocery Manufacturers Ass'n v. Environmental Protection Agency

693 F.3d 169 · Court of Appeals for the D.C. Circuit · Aug 17, 2012

This theory fails to establish standing. … The Dickey-Wicker Amendment clearly limits the funding of research involving human embryos.

Amelia S. Long, as Personal Representative of Lewis D. Long v. District of Columbia Potomac Electric Power Company, Amelia S. Long, as Personal Representative of Lewis D. Long v. District of Columbia, Potomac Electric Power Company

820 F.2d 409 · Court of Appeals for the D.C. Circuit · Jun 5, 1987

The court stated, however, that "diversity jurisdiction in this action is established as to the plaintiff and defendant ... Potomac Electric Power Company. … And we can find no other cases decided by the District's courts that evince any such view. 34 A decision of this circuit, however, clearly rejected the Moch approach in a case very similar to the case at bar.

Transwestern Pipeline Company v. Federal Energy Regulatory Commission, the Public Utilities Commission of the State of California, Process Gas Consumers Group, Southern California Gas Company, El Paso Natural Gas Company, Pacific Gas and Electric Company, Texas Eastern Transmission Corporation, the Kansas Power and Light Company, Southwest Gas Corporation, Williams Natural Gas Company, Intervenors. Transwestern Pipeline Company v. Federal Energy Regulatory Commission, Southern California Gas Company, Southwest Gas Corporation, Pacific Gas and Electric Company, Williams Natural Gas Company, Public Utilities Commission of the State of California, El Paso Natural Gas Company, Citizens Energy Corporation, Intervenors. Transwestern Pipeline Company v. Federal Energy Regulatory Commission, Williams Natural Gas Company, Southern California Gas Company, Public Utilities Commission of the State of California, Intervenors. Transwestern Pipeline Company v. Federal Energy Regulatory Commission, Kansas Power & Light Company, Natural Gas Clearinghouse, Inc., Williams Natural Gas Company, Southern California Gas Company, Public Utilities Commission of the State of California, Pacific Gas & Electric Company, Psi, Inc., Texas Eastern Transmission Corp., Southwest Gas Corp., Intervenors. Public Utilities Commission of the State of California v. Federal Energy Regulatory Commission, Kansas Power & Light Company, Natural Gas Clearinghouse, Inc., Williams Natural Gas Company, Southern California Gas Company, Pacific Gas & Electric Company, Psi, Inc., Southwest Gas Corp., Transwestern Pipeline Company, Intervenors. Kansas Power & Light Company v. Federal Energy Regulatory Commission, Natural Gas Clearinghouse, Inc., Williams Natural Gas Company, Pacific Gas & Electric Company, Public Utilities Commission of the State of California, Southern California Gas Company, Psi, Inc., Transwestern Pipeline Company, Intervenors

897 F.2d 570 · Court of Appeals for the D.C. Circuit · Mar 23, 1990

Thus the court was clearly untroubled by a rate system under which a customer could not know the exact charge for service in a given period until after the end of the period. … FERC, 893 F.2d 349, 356-57 (D.C.Cir.1989), such remarks were clearly inconsistent with the acknowledged power of the Commission to establish, and to alter prospectively, fixed charges such as demand charges, avoidable if

Rancheria v. Hargan

296 F. Supp. 3d 256 · Court of Appeals for the D.C. Circuit · Nov 7, 2017

Had Congress intended to refer to "Indian health programs" or "tribal health programs" it would have used those terms, as clearly defined and used repeatedly throughout the IHCIA. 9 That it did not is both instructive and … Given the unambiguous plain meaning of § 1623(b), the question becomes whether the Tribe's self-insurance plan qualifies.

Frederick Douglass Foundation, Inc. v. DC

82 F.4th 1122 · Court of Appeals for the D.C. Circuit · Aug 15, 2023

C.R. 7 We appreciate that our cases have not always clearly delineated the elements of a free speech selective enforcement claim. … Such concerns are mitigated, however, by the reality that selective enforcement claims will often be difficult to establish.

United States v. Roland T. Butler, United States of America v. Norman C. Tillette, United States of America v. Augustine F. Barquin, United States of America v. C. Jimmie Vaccaro, Jr., United States of America v. Charles L. Clay

822 F.2d 1191 · Court of Appeals for the D.C. Circuit · Jul 7, 1987

of the contact was relatively innocuous; it did not provide the juror with any crucial extra-judicial information, and it did not constitute an attempt to bribe or intimidate the juror, which is the kind of contact that clearly … Although some courts have doubted the reliability of juror responses to this kind of question, the Supreme Court has settled that such testimony is not "inherently suspect," for a juror " 'is well qualified to say whether

Independent Petroleum Association of America v. Bruce Babbitt

92 F.3d 1248 · Court of Appeals for the D.C. Circuit · Nov 21, 1996

Because we conclude that DOI impermissibly departed from its established practices in attempting to collect royalties on the settlement *1251 payment, we reverse the District Court and hold that the gas producer appellant … The court also determined that even if the letter were a rule, it was exempt'from notice-and-comment rulemaking because “it clearly was interpretative not substantive.”