Case law

Briggs v. Washington Metropolitan Area Transit Authority

481 F.3d 839 · Court of Appeals for the D.C. Circuit · Mar 27, 2007

We need not decide whether Briggs failed to establish foreseeability. … Rather, the expert must clearly articulate and reference a standard of care by which the defendant’s actions can be measured.

Brown v. O'Brien

469 F.2d 563 · Court of Appeals for the D.C. Circuit · Jul 5, 1972

But there can be no dispute that the very integrity of the process rests on the assumption that clear rules will be established and that, once established, they will be enforced fairly, consistently, and without discrimination … Irreparable injury, “both great and immediate,” are clearly shown here.

Gholamreza Narenji, Behzad Vahedi, Cyrus Vahidnia v. Benjamin Civiletti, Attorney General, Confederation of Iranian Students v. Benjamin R. Civiletti

617 F.2d 745 · Court of Appeals for the D.C. Circuit · Jan 31, 1980

The court found no basis for the “discriminatory classification” of the students established by the regulation. Here again we must differ. … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.

Del Vecchio v. Bowers

67 F.2d 751 · Court of Appeals for the D.C. Circuit · Nov 13, 1933

The deputy commissioner held that the claimant had “failed to establish by evidence that the duties of the employee required the use of a gun or that in using the gun at the time the employee was in any way furthering his … He saw the witnesses and observed their demeanor, and is better qualified than we are to pass on this question of fact.

Etim U. AKA v. Washington Hospital Center

116 F.3d 876 · Court of Appeals for the D.C. Circuit · Jun 20, 1997

Aka’s evidence is clearly sufficient to do that and more. … But these other decisions do not clearly adopt any such per se rule.

Dorothy M. Thompson v. Danford L. Sawyer, Jr., Public Printer, Individually and as Public Printer of the United States, and His Agents, Assigns and Successors in Office. Dorothy M. Thompson v. Danford L. Sawyer, Jr., Public Printer, Individually and as Public Printer of the United States, and His Agents, Assigns and Successors in Office, Dorothy M. Thompson v. Danford L. Sawyer, Jr., Public Printer, Individually and as Public Printer of the United States, and His Agents, Assigns and Successors in Office, Dorothy M. Thompson v. Danford L. Sawyer, Jr., Public Printer, Individually and as Public Printer of the United States, and His Agents, Assigns and Successors in Office

678 F.2d 257 · Court of Appeals for the D.C. Circuit · Apr 27, 1982

GPO argues that the lower grade bindery workers failed to establish their prima facie case and that GPO established the business necessity of the practices found discriminatory. … Nor need we discuss general concerns about sovereign immunity a second time, because once again the problem we face is not whether Congress waived immunity, but whether the waiver was prospective only.

American Federation of Government Employees, Afl-Cio, Local 1968 v. Federal Labor Relations Authority

691 F.2d 565 · Court of Appeals for the D.C. Circuit · Oct 12, 1982

As used in sections of the Manual in effect when Representative Udall spoke, however, “promotion certificate” denoted a means by which highly or relatively more qualified applicants were selected from a pool and certified … That result clearly is not contemplated by the statutory scheme.

Julius Silverman v. United States of America, Meyer Schwartz v. United States of America, Robert L. Martin v. United States

275 F.2d 173 · Court of Appeals for the D.C. Circuit · Mar 8, 1960

Here, on the other hand, the evidence clearly shows that these three appellants were operating a betting office where they received wagers, established records of the wins and losses and kept accounts of their operations. … All such evidence clearly and overwhelmingly proved that the three appellants had maintained and operated that gambling establishment over the period named.

Niagara Mohawk Power Corp. v. United States Department of Energy

169 F.3d 16 · Court of Appeals for the D.C. Circuit · Mar 9, 1999

But our decision in National Parks II, that the district court was clearly erroneous in finding that certain concessionaires faced substantial competitive harms in contract renewal when the contracts were for long periods … See Re Motion to Establish Programs for Moni- toring Qualifying Facility Status, Nos. 96-E-0775, 95-E-0264, 1997 WL 114364 at *1 (N.Y.P.S.C. Jan. 9, 1997).

Cinderella Career and Finishing Schools, Inc., Stephen Corporation, Vincent Melzac v. Federal Trade Commission

425 F.2d 583 · Court of Appeals for the D.C. Circuit · Mar 20, 1970

The procedures which have been established are designed to provide for proceedings in which both the Commission and the responding party have a fair and equal opportunity to present exhibits and witnesses designed to establish … Petitioners offer courses of instruction which qualify students to become airline stewardesses and buyers for retail stores. 6.

In Re Janet G. Mullins (Mullins Fee Application)

84 F.3d 459 · Court of Appeals for the D.C. Circuit · May 31, 1996

did not remain “under such reasonable apprehension of prosecution that he qualified as a ‘subject’ under the fee award statute thereafter.” … Attorneys’fees As we have often observed, the fee petitioner bears the burden of establishing all elements of her entitlement. See, e.g., Shultz, 8 F.3d at 850 .

No. 77-1704

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

In particular, the Court observed that official harassment of the press undertaken solely to disrupt a reporter's relationship with news sources would clearly be subject to judicial control. 18 In a separate opinion, Mr. … A newsman can claim no general immunity, qualified or otherwise, from grand jury questioning. On the contrary, like all other witnesses, he must appear and normally must answer.

Robert Ramspeck v. Federal Trial Examiners Conference

202 F.2d 312 · Court of Appeals for the D.C. Circuit · Oct 20, 1952

the Administrative Procedure Act, in referring to the rotation provision — the focal point of appellees’ case — says that “examiners may be permitted to specialize and foe assigned mainly to cases for which they have so qualified … Had Congress meant to change this well-established practice, I do not think it would have left it to conjecture.

Citizens for the Abatement of Aircraft Noise, Inc. v. Metropolitan Washington Airports Authority, Attorney General, Intervenor

917 F.2d 48 · Court of Appeals for the D.C. Circuit · Oct 26, 1990

Bolton (“AAG”) expressed the view that the first approach was clearly unconstitutional, as it sought to establish a committee of Congress' vested with the authority to take legislative action — in the form of a veto — without … In this light, it is wholly unrealistic to view the Board of Review as solely a creature of state law immune to separation-of-powers scrutiny.

Sean T. Haddon v. United States

68 F.3d 1420 · Court of Appeals for the D.C. Circuit · Feb 14, 1996

To qualify as conduct of the kind he was employed to perform, the electrician’s actions must have either been “of the same general nature as that authorized” or “incidental to the conduct authorized.” … We decline the Government’s invitation to expand the definition of scope of employment beyond the boundaries currently established under D.C. law. See Brief for the United States at 14 — 18.

William P. Tavoulareas, Peter Tavoulareas v. Philip Piro. William P. Tavoulareas, Peter W. Tavoulareas v. The Washington Post Company, D/B/A the Washington Post, a Delaware Corporation

763 F.2d 1472 · Court of Appeals for the D.C. Circuit · Jun 11, 1985

This test is disjunctive, and the panel opinion finds liability most clearly under the "reckless disregard" standard. Tavoulareas v. Piro, 759 F.2d 90, 104 (D.C.Cir.1985). … To say that similarly slim support would immunize the statement that Mr.

Robert M. Brandon v. Jack M. Eckard, Administrator, General Services Administration

569 F.2d 683 · Court of Appeals for the D.C. Circuit · Dec 22, 1977

Title I of the Act established a procedure for disposition of documents and materials related to the Nixon presidency. Mr. … With deference, we reject this attempt to create a novel barrier to FOIA plaintiffs as clearly inconsistent with congressional intent.

Solite Corporation v. U.S. Environmental Protection Agency, and William K. Reilly, Administrator, Epa, the Aluminum Association, Intervenors

952 F.2d 473 · Court of Appeals for the D.C. Circuit · Feb 26, 1992

Petitioners argue that by applying a low hazard screening criterion, EPA has made hazard the determinative factor in establishing the regulatory status of high volume processing wastes that would otherwise qualify for Bevill … As we have just established, however, Congress delegated to EPA the authority — indeed the obligation — to determine which processes qualify for the Bevill mineral processing exclusion, and it is reasonable for the Agency

Hussain, Mohammed v. Nicholson, R. James

435 F.3d 359 · Court of Appeals for the D.C. Circuit · Jan 31, 2006

The district court found that although Hussain established a prima facie case, he failed to rebut the legitimate reason offered by the hospital for putting Barth in the new Chief position, i.e., that Barth was better qualified … Under Aka , comparing qualifications is insufficient to establish discriminatory intent unless the plaintiff is “significantly better qualified” than the person who obtained the position. 156 F.3d at 1294 .

Coates v. Wash. Metro. Area Transit Auth.

297 F. Supp. 3d 69 · Court of Appeals for the D.C. Circuit · Mar 8, 2018

The Court agreed with Defendant that Plaintiff's claims were barred by the doctrine of sovereign immunity to the extent that they were premised on WMATA's use of unlocked shutoff panels on its buses. Id. at *3. … With respect to the breach element of Plaintiff's claim, the key evidence is clearly the video of the incident.