Case law

Barbara Davis v. Joseph A. Califano

613 F.2d 957 · Court of Appeals for the D.C. Circuit · Feb 14, 1980

was not qualified. … However, the Supreme Court nowhere establishes this as the standard to be used, and the two cases are clearly distinguishable from Appellant’s.

Talal Al-Zahrani v. Esteban Rodriguez

669 F.3d 315 · Court of Appeals for the D.C. Circuit · Feb 21, 2012

. § 2679, which provides for the exclusivity of remedy against the United States under the Federal Torts Claims Act and thereby establishes immunity from individual liability on the part “of any employee of the Government … Cir. 2009), we noted that the Supreme Court’s reference to § 7 in Boumediene did not specify a particular subsection of 28 U.S.C. § 2241(e), “but its discussion of the Suspension Clause clearly indicates it was referring

Student Loan Marketing Ass'n v. Riley

104 F.3d 397 · Court of Appeals for the D.C. Circuit · Jan 10, 1997

Sallie Mae was established in 1972 to provide lender banks with greater liquidity. See 20 U.S.C. § 1087-2 (a). … The explicit statutory exemption at a minimum, however, saves Sallie Mae the burden of litigation to establish its status, and of course relieves it of any risk that it might be found not to qualify.

Sack v. United States Department of Defense

823 F.3d 687 · Court of Appeals for the D.C. Circuit · May 20, 2016

Here, Sack clearly does not fall within the first category. … Cir. 2002) (perceiving “no error” without establishing standard of review).

American And European Agencies, Inc. v. Gillilland

247 F.2d 95 · Court of Appeals for the D.C. Circuit · Nov 25, 1957

It was therefore clearly entitled to a hearing 'with respect to such claim.' … Its action in thus evaluating its own procedure is not within the letter or the spirit of the provision for immunity from review.

National Small Shipments Traffic Conference, Inc. v. Civil Aeronautics Board

618 F.2d 819 · Court of Appeals for the D.C. Circuit · Feb 11, 1980

The Board pointed out: The Congress clearly intended Pub.L. 95-163 to substantially deregulate the domestic air cargo industry. … Finally, with respect to the exemption from the agreement filing requirement, the Board observed that the Deregulation Act of 1978 had broadened its Section 416(b) exemption authority and had “clearly direct[ed] the Board

De Bruin v. De Bruin

195 F.2d 763 · Court of Appeals for the D.C. Circuit · Feb 28, 1952

Under the circumstances, we are unable to say that the finding was "clearly erroneous.” Affirmed. . Obold v. Obold, 1947, 82 U.S.App.D.C. 268 , 163 F.2d 32, 33 . See also Turner v. … The American Psychiatric Association, concerned with the problem of the inadequately qualified psychiatric ‘expert,’ was largely motivated by this concern in the establishment of the American Board of Psychiatry and Neurology

State of Illinois v. David Ferriero

60 F.4th 704 · Court of Appeals for the D.C. Circuit · Feb 28, 2023

State of Illinois, 83 U.S. (16 Wall.) 130 (1873)  10 (Fourteenth Amendment’s Privilege or Immunities Clause did not protect women’s right to practice law); Minor v. … ,” including the establishment of a reasonable time limit for ratification.

Naa Dei Nikoi v. Attorney General of the United States

939 F.2d 1065 · Court of Appeals for the D.C. Circuit · Sep 27, 1991

The petitioner had been born in the United States under diplomatic immunity, and he had never left the country. 14 I. & N. Dec. at 241 . … The eligibility, however, does not extend indefinitely: To be eligible for lawful permanent resident status ..., an alien must establish that he/she has not abandoned his/her residence in the United States.

Miller v. United States

41 App. D.C. 52 · Court of Appeals for the D.C. Circuit · Nov 3, 1913

Clearly not. Final action had not been taken upon the government’s motion for sentence. … Cas. 132, it was held that the immunity from second jeopardy guaranteed by the Constitution is a personal privilege which the accused may waive. That is, that it is a defense which must be seasonably interposed.

United States v. Regenerative Sciences, LLC

741 F.3d 1314 · Court of Appeals for the D.C. Circuit · Feb 4, 2014

The FDA has established the specific elements of current good manufacturing practice at 21 C.F.R. parts 210-211. … Here, there is no doubt that the Mixture qualifies as a prescription drug.

Cody v. Cox

509 F.3d 606 · Court of Appeals for the D.C. Circuit · Dec 14, 2007

Second, while subsection 413(a) gives the COO broad discretion in administering care, it qualifies that discretion with the phrase: “[ejxeept as provided in subsection (b), (c), and (d).” … When he establishes a new bus schedule, when he sets up x-ray services or contracts out a doctor, that's what he does....”

Joseph Frank v. William P. Rogers, Attorney General of the United States

253 F.2d 889 · Court of Appeals for the D.C. Circuit · Mar 20, 1958

The italicized words are clearly broad enough to permit a trial de novo of the issue of citizenship in cases like the present. … But clearly the same considerations should govern.

Massachusetts Fair Share v. Law Enforcement Assistance Administration

776 F.2d 1066 · Court of Appeals for the D.C. Circuit · Nov 15, 1985

In each of these cases, the claimant sought to establish an entitlement to benefits, but the court found only procedural defects in the agency decision-making. 11 A party who establishes an entitlement to relief on the merits … MFS thus qualifies for an award of attorneys’ fees and costs under the Equal Access to Justice Act. 21 III.

American Federation of Government Employees v. Martin R. Hoffman, Secretary of the Army

543 F.2d 930 · Court of Appeals for the D.C. Circuit · Oct 8, 1976

However, if a qualified Reserve member and a qualified non-Reservist both apply for the same position, the reserve member will be given priority consideration. Letter of Feb. 13, 1969, Exh. C. … , the Civil Service Commission carefully considered the desirability of establishing the reserve membership requirement, clearly articulated the reasons for approval of the requirement, and tailored the program to carry

Sheet Metal Workers' International Ass'n v. Moore

990 F. Supp. 7 · Court of Appeals for the D.C. Circuit · Nov 3, 1997

Plaintiffs were members of Sheet Metal Workers’ International Association, Local Union 19 (“Local 19”), which qualified them as “participants” and “beneficiaries” of SAS-MI under ERISA § 3(7)-(8), 29 U.S.C. § 1002 (7)-(8) … Robinson, 455 U.S. 562, 572 , 102 S.Ct. 1226, 1232 , 71 L.Ed.2d 419, 428 (1982)) (emphasis added), the SASMI forfeiture provision is immune to Plaintiffs “sole and exclusive benefit” attack.

Stephen Ollar v. DC

Court of Appeals for the D.C. Circuit · Feb 9, 2024

For the individual District employees, the plaintiffs fail to show that the defendants violated their clearly established constitutional rights. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Atkinson was effectively a state actor, she too is entitled to qualified immunity. The plaintiffs fail to point to any clearly established law that would have put Dr.

Aktiebolaget Bofors v. United States (Two Cases). Aktiebolaget Bofors v. Acheson, Secretary of State

194 F.2d 145 · Court of Appeals for the D.C. Circuit · Nov 29, 1951

As the four Secretaries were not parties to the contract and were not personally interested therein, the appellant’s prayer for declaratory relief was clearly directed at the sovereign, which was not made a party defendant … The order did not limit or qualify this ground of dismissal by saying the complaint did not state a cause of action upon which relief could be granted by the District Court; it broadly said a cause of action was not stated

Federal Trade Commission v. Army and Navy Trading Co.

88 F.2d 776 · Court of Appeals for the D.C. Circuit · Jan 4, 1937

The Trading Company causes its corporate name “Army and Navy Trading Company” to be displayed in large signs about its mercantile establishment, and in trade journals and circulars, and in advertisements and in daily newspapers … the representation that the flour was mixed and blended by that Company; and in the other three cases, the qualifying words clearly eliminated the deceptive representations of what the charac *780 teristics of the products

Liberty Nat. Bank v. Hicks

173 F.2d 631 · Court of Appeals for the D.C. Circuit · Dec 13, 1948

are involved, how much stronger are the reasons for its application where no creditors are concerned but only the settlor of the trust claiming the right to change his mind to the hurt of beneficiaries whose rights were established … Suffice it to say we are of opinion that the trust in issue here appears clearly in its legal aspect to pass to appellant’s children a valid present interest in a future estate and this obviously was the intent of the settlor