Case law

United States v. Western Electric Company Competitive Telecommunications Association, National Consumers League Black Citizen for a Fair Media, Intervenors. Appeal of Pacific Telesis Group (Two Cases). United States of America v. Western Electric Company (Eighteen Cases). Appeal of Nynex Corporation (Two Cases). Appeal of Us West, Inc. (Two Cases). Appeal of American Information Technologies Corporation (Two Cases). Appeal of Bellsouth Corporation (Two Cases). Appeal of Public Service Commission of the District of Columbia (Two Cases). Appeal of People of the State of California Appeal of Southwestern Bell Corporation (Two Cases). Appeal of Bell Atlantic (Two Cases)

900 F.2d 283 · Court of Appeals for the D.C. Circuit · Apr 6, 1990

that the BOCs could impede competition by way of illegal (and perhaps criminal) collusion to divide markets among them according to territory, see 673 F.Supp. at 558 , would, in the absence of supporting evidence, seem to qualify … "Exchange areas" are geographic areas of jurisdiction established by the BOCs according to criteria set out in the decree.

Media Matters for America v. FTC

Court of Appeals for the D.C. Circuit · Oct 23, 2025

Cir. 1981) (recognizing a qualified reporter’s privilege of protecting confidential sources that “should be readily available” in civil cases); see Chen v. … “[Amazon] has established its level of dominance because of the failings of our current antitrust laws.”61 33.

United States v. Charles Hillie

39 F.4th 674 · Court of Appeals for the D.C. Circuit · Sep 17, 2021

If anything, the fact that the defined term here is ‘sexually explicit conduct,’ rather than (as in Ferber) merely ‘sexual conduct,’ renders the definition more immune from facial constitutional attack.” Id. … Not every exposure of the genitals or pubic area is a lascivious exhibition, and the fact that a minor is depicted nude, on its own, is not enough for that visual depiction to qualify as a

Paulette L. Barnes v. Douglas M. Costle, Administrator of the Environmental Protection Agency

561 F.2d 983 · Court of Appeals for the D.C. Circuit · Jul 27, 1977

Appellee, quite understandably, does not argue that provision of sexual services can qualify as a “bona fide occupational qualification” for women in federal employment. . See text supra at note 21. . … Although the charge filed with the Commission by Vuyanich was only one of race discrimination, the court noted that the statement to the *994 plaintiff “clearly smacks of sexual as well as racial discrimination,” since implicit

United States v. Thomas Robertson

86 F.4th 355 · Court of Appeals for the D.C. Circuit · Oct 20, 2023

Thus, we cannot conclude that the district court clearly or obviously erred when it found that Robertson’s obstruction of the Electoral College vote also obstructed and interfered with the “administration of justice.” … And even if this panel agreed with Judge Walker’s suggestion that the office of the President “may” qualify as “a professional benefit,” see id., we would remain free to conclude that there was no evidence presented at trial

Black Citizens for a Fair Media v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., National Association of Broadcasters, National Radio Broadcasters Association, Office of Communication of the United Church of Christ, Cbs, Inc., Argonaut Broadcasting Company, Intervenors. Henry Geller v. Federal Communications Commission and United States of America, National Association of Broadcasters, Intervenor

719 F.2d 407 · Court of Appeals for the D.C. Circuit · Oct 7, 1983

Here the Commission clearly set out its rationale; namely, that the same degree of compliance could be achieved with the simplified renewal application. … But this overbroad dictum was immediately qualified by the statement that the Commission can only ignore those factors it considers irrelevant to the statutory scheme. Id.

Donald G. Jolly v. E. J. Listerman, Regional Representative, Bureau of Retirement and Survivors

672 F.2d 935 · Court of Appeals for the D.C. Circuit · Mar 18, 1982

This opinion should be read to imply no more than what it clearly holds. 62 We have no reason to doubt that appellant Jolly was once a valuable employee of the SSA. … Rather, the point to be made is that the action taken against Jolly, an employee with a history of good work performance, was unlawful retaliation when it is considered that other less qualified employees were retained when

Boroughs of Ellwood City, Grove City, New Wilmington, Wampum, and Zelienople, Pennsylvania v. Federal Energy Regulatory Commission, Pennsylvania Power Company, Intervenor. (Two Cases) Boroughs of Ellwood City, Grove City, New Wilmington & Zelienople, Pennsylvania v. Federal Energy Regulatory Commission, Pennsylvania Power Company, Intervenor

731 F.2d 959 · Court of Appeals for the D.C. Circuit · Apr 18, 1984

Such a holding by any administrative agency would clearly be arbitrary and capricious in violation of the Administrative Procedure Act. … They urged the Commission to find a price squeeze whenever the retail rate, for which Boroughs would qualify but for their identity as wholesale/resale customers, was lower than the wholesale rate.

Sturdza v. United Arab Emirates

562 F.3d 1186 · Court of Appeals for the D.C. Circuit · Mar 22, 2002

Nimmer & David Nimmer, Nimmer on Copyright s 13.01[B], at 13-8 to 13-10 (2001) (explaining that while few courts clearly differentiate between actual copying and substantial similarity, both are clearly required, and … [to] conspire ... for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." 42 U.S.C. s 1985

Common Cause v. Nuclear Regulatory Commission, Common Cause and David Cohen v. Nuclear Regulatory Commission and John F. Ahearne, Chairman, Common Cause v. Nuclear Regulatory Commission

674 F.2d 921 · Court of Appeals for the D.C. Circuit · Feb 26, 1982

Exemption 6 protects "information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy (.)" Id. § 552b(c)(6). … With regard to the legality of the decision to close a meeting, the Act establishes a foreseeability standard.

Sturdza v. United Arab Emirates

562 F.3d 1186 · Court of Appeals for the D.C. Circuit · Mar 8, 2002

Nimmer & David Nimmer, Nimmer on Copyright s 13.01[B], at 13-8 to 13-10 (2001) (explaining that while few courts clearly differentiate between actual copying and substantial similarity, both are clearly required, and … [to] conspire ... for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." 42 U.S.C. s 1985

United States v. Marie J. Belt, United States of America v. Freddie Robinson, United States of America v. Michael Lewis, United States of America v. Harry C. Walls

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.

El Paso Natural Gas Company, LLC v. FERC

966 F.3d 842 · Court of Appeals for the D.C. Circuit · Jul 24, 2020

El Paso’s dekatherm-mileage study clearly established (and California Petitioners do not challenge) the relative length of the average contract paths in each zone, which supported moderate, but reasonable, distance-based … California Petitioners argue this precedent clearly supports El Paso’s equilibration proposal given the laterals and other distinct costs on the Arizona portion of the pipeline.

United States v. Gilbert M. Morgan

567 F.2d 479 · Court of Appeals for the D.C. Circuit · Sep 21, 1977

Marland, a qualified psychiatric consultant, recently examined Mr. Morgan and the following determinations were made. Mr. … I suggest, however, that the scope of brutality involved in these crimes clearly evidences criminal maturity.

People's Mojahedin Organization v. United States Department of State

613 F.3d 220 · Court of Appeals for the D.C. Circuit · Jul 16, 2010

” that we find:  5 (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … example, in PMOI II we rejected the contention that the PMOI’s redesignation under AEDPA was unconstitutional because “the Secretary relied on secret information to which [the PMOI was] not afforded access”: “We have already established

Interstate Natural Gas Association Of America v. Federal Energy Regulatory Commission

285 F.3d 18 · Court of Appeals for the D.C. Circuit · Apr 5, 2002

Insofar as its other, vaguer language invites extreme interpretation, we understand it to be qualified as always by the operational feasibility criterion. … Basically, the showing is far too conjectural to establish "a substantial (if unquantifiable) probability of injury," D.E.K.

Environmental Defense Fund, Inc. v. Environmental Protection Agency

672 F.2d 42 · Court of Appeals for the D.C. Circuit · Feb 5, 1982

This clearly distinguishes this case from the situation posed in Copeland. See 641 F.2d at 892-93 . … Uniroyal, Inc., 509 F.Supp. 442 (N.D.Ind.1981), and other like decisions, submits that "it is well established that time reasonably devoted to obtaining attorneys' fees in the context of litigation where the court must be

Bethlehem Steel Corporation, and Bethlehem Steel Company v. Grace Line, Inc.

416 F.2d 1096 · Court of Appeals for the D.C. Circuit · Apr 24, 1969

And it is clearly for the court to decide whether and as to what issues the parties have bound themselves to refer, unless their agreement is so broad as to commit even that question to administrative determination. … Not only is the Administration uniquely qualified to interpret the contractual language, but also to maintain nationwide uniformity in construction of its provisions, including the disputes and guaranty clauses.

Western Union Telegraph Co. v. Federal Communications Commission

665 F.2d 1126 · Court of Appeals for the D.C. Circuit · Sep 3, 1981

Not only is this language, unlike that of the proviso, clearly restrictive, but the limit is effective only after a merger. … The FCC approved the establishment of gateways at four satellite transmission stations. *317 See Gateways, 76 F.C.C.2d at 146-48.

Transmission Access Policy Study Group v. Federal Energy Regulatory Commission

225 F.3d 667 · Court of Appeals for the D.C. Circuit · Jun 30, 2000

It does nothing more than establish a mechanism by which utilities may seek to recover stranded costs. … With respect to non-firm versus firm rates, the cases cited by the petitioners as demonstrating a previously established discounting policy actually establish that FERC addresses this issue on a case-by-case basis.