Case law

Montgomery v. Brown

25 App. D.C. 490 · Court of Appeals for the D.C. Circuit · May 2, 1905

The general rule as to the construction of wills is, at this day, well established, and is not open to question. It is the rule laid down in Smith v. … A reading of the will clearly shows that it was the intention of the *494 testator to provide for his wife a home, and, according to the measure of his means, an ample maintenance.

James L. Dronenburg v. Vice Admiral Lando Zech, Chief of Naval Personnel

741 F.2d 1388 · Court of Appeals for the D.C. Circuit · Nov 15, 1984

It was not explained how areas not lying within any “penumbra” or “zone of privacy” became part of a more general “right of privacy,” but clearly that is what the Court intended. … If a court refuses to create a new constitutional right to protect homosexual conduct, the court does not thereby destroy established constitutional rights that are solidly based in constitutional text and history.

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.

Pub Off Corp v. Clinton Pres Com

Court of Appeals for the D.C. Circuit · Oct 29, 1999

While this section of the audit report does not so clearly cry out for a response as Recommendation Ten, it confirms a clear implication of past wrongdoing by the Committee. … They emphasize that the statutory provision establishing the FEC states that it consists of "the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right

Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639

883 F.2d 132 · Court of Appeals for the D.C. Circuit · Aug 22, 1989

In sum, “[i]f a union delegates to an agent unrestricted authority going beyond the norms of union conduct, section 6 does not immunize it from liability for his illegal acts. … This clearly serves to fulfill the requirement of participation in the affairs of the company.

Physicians for Social Responsibility v. Andrew Wheeler

956 F.3d 634 · Court of Appeals for the D.C. Circuit · Apr 21, 2020

Chaney, this means that notwithstanding the APA’s background presumption of reviewability, certain agency actions are “presumed immune from judicial review.” 470 U.S. at 832. … Even the Directive itself agrees that “it is in the public interest to select the most qualified, knowledgeable, and experienced candidates.” Directive at 1.

Linda Wheeler Tarpeh-Doe, Individually and as Mother and Next Friend of Nyenpan Tarpeh-Doe, II v. United States of America

28 F.3d 120 · Court of Appeals for the D.C. Circuit · Jul 5, 1994

The appellants challenge that award on two grounds: (1) the Government is immune from liability under the “discretionary function” and the “foreign country” exceptions to the FTCA 2 and (2) the appellees failed to establish … The Department’s inspection team reported no complaints about his medical expertise and in fact its leader "emphasized that the team was not qualified to evaluate Dr.

Greenya v. George Washington University

512 F.2d 556 · Court of Appeals for the D.C. Circuit · May 2, 1975

Such support is generally provided to a large class of qualified organizations and does not involve government in the actual management of the funded program. … If the Constitution creates a right, privilege, or immunity, it of necessity gives the proper party a claim for equitable relief if he can prevail on the merits. Bell v.

Pratt v. United States

102 F.2d 275 · Court of Appeals for the D.C. Circuit · Feb 20, 1939

“The order here under review being ineffectual to confer immunity from punishment, the conclusion that such immunity existed must rest upon the bare facl that, without any saving provision, the term at which the accused was … Those cases clearly establish the law of this court that courts of justice are invested with the authority to discharge a jury from giving any verdict, whenever in their opinion, taking all the circumstances into consideration

John Vanderkam v. Melissa Vanderkam

776 F.3d 883 · Court of Appeals for the D.C. Circuit · Jan 20, 2015

TATEL, Circuit Judge: The Employee Retirement Income Security Act of 1974 (ERISA) entitles certain spouses of pension plan participants to a survivor annuity unless waived pursuant to clearly defined procedures. … Established by ERISA to provide pension benefit insurance and to “ensure that employees and their beneficiaries would not be deprived of anticipated retirement benefits by the termination of pension plans,” Connolly v.

State v. Bowsher

935 F.2d 332 · Court of Appeals for the D.C. Circuit · Jun 11, 1991

Under the intergovernmental immunity component of Supremacy Clause jurisprudence, the states may not directly regulate the federal government’s operations or property. See Hancock v. … This would clearly not be true for claims that by federal law expire as a result of the events that trigger escheat under state law (e.g., death intestate without heirs).

In Re: Gordon R. England, Secretary of the Navy

375 F.3d 1169 · Court of Appeals for the D.C. Circuit · Sep 21, 2004

If board members knew that candidates passed over for promotion could gain access to board proceedings, that would clearly inhibit frank assessment of candidates’ relative strengths and weaknesses. … As Secretary England explained: [DJetermining which officers are best qualified for promotion from a pool of many fully qualified candidates involves inherently difficult and subjective evaluations. ...

The Washington Post Company v. United States Department of State

685 F.2d 698 · Court of Appeals for the D.C. Circuit · Dec 28, 1982

In modifying Exemption 3 to overrule such a result, Congress clearly indicated that its intent was to institute a sweeping change in the direction of thorough-going administrative disclosure. … This may be an appealing argument for FOIA exemption; it does not, however, establish the qualification of the statute under Exemption 3.

In Re Grand Jury Proceedings. Appeal of Nicholas Katsouros

613 F.2d 1171 · Court of Appeals for the D.C. Circuit · Dec 28, 1979

United States, 408 U.S. 41 , 92 S.Ct. 2357 , 33 L.Ed.2d 179 (1972): whether a recalcitrant grand jury witness, having been granted use immunity for his testimony, may obtain limited access to government affidavits and other … It is clearly established that a witness before a grand jury has the right not to answer questions based upon illegal surveillance, id., and it is disturbing to consider the possibility of appellant suffering weeks or months

Wesberry v. United States

304 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Mar 28, 2018

"If sovereign immunity has not been waived, a claim is subject to dismissal under Rule 12(b)(1) for lack of subject matter jurisdiction." Clayton v. … Meyer, 510 U.S. 471 , 475, 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) ("Sovereign immunity is jurisdictional in nature.") ).

Riggs National Corp. & Subsidiaries v. Commissioner

295 F.3d 16 · Court of Appeals for the D.C. Circuit · Jul 12, 2002

At issue in Riggs II was the fact that the borrower was the Central Bank of Brazil, a government entity that is ordinarily immune from tax on its own income under the Federal Constitution of Brazil. … Riggs clearly argued before the Tax Court that the Commissioner had the burden of proving that the DARFs were inaccurate accountings of the amount of foreign tax paid on Riggs's behalf.

Morley v. Central Intelligence Agency

508 F.3d 1108 · Court of Appeals for the D.C. Circuit · Dec 7, 2007

The JFK Act also established the Assassination Records Review Board (“Review Board”) to determine whether agency documents constitute assassination records and to render decisions on whether a particular record qualifies … The Senate Select Committee on Intelligence was established by S. Res. 400, 94th Cong., 122 Cong.

AJP Construction, Inc. v. Secretary of Labor

357 F.3d 70 · Court of Appeals for the D.C. Circuit · Feb 13, 2004

It sanctioned the company for safety violations on its outrigger scaffold, to which the regula- tion clearly applies. … Cir. 1989) (‘‘One to whose conduct a statute clearly applies may not successfully challenge it for vagueness.’’ (quoting Parker v.

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.

Morton v. U.S. Parole Comm'n

318 F. Supp. 3d 40 · Court of Appeals for the D.C. Circuit · Jul 6, 2018

Commission observes that the Notice of Action from Morton's April 7, 2016 hearing begins by stating that the 1987 Guidelines were being applied, before proceeding to evaluate his suitability for parole under the framework established … Under the guidelines Morton contends should have been applied, 5 set-offs beyond twelve months can clearly be ordered. See Shakir v.