Case law

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.

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.

Zia Chishti v. Tatiana Spottiswoode

Court of Appeals for the D.C. Circuit · Jul 7, 2026

Thus, “cases discussing immunity in the judicial context may help guide [the court’s] examination of immunity in the legislative context.” Id. … immunities accorded to historical analogues of public defenders. 467 U.S. at 920–23.

Foster v. Maryland State Savings & Loan Ass'n

590 F.2d 928 · Court of Appeals for the D.C. Circuit · Jun 12, 1978

“[A] state does not give immunity to those who violate the Sherman Act by authorizing them to violate it, or by declaring that their action is lawful.” Parker v. … Qualified attorneys were in fact excluded under the defendant’s prior practice. J.A. at 329-30, 334-35. .

All Party Parliamentary Group on Extraordinary Rendition v. United States Department of Defense

754 F.3d 1047 · Court of Appeals for the D.C. Circuit · Jun 17, 2014

Although the intelligence agencies insist that these FOIA requesters are “representatives” of a foreign government entity, they never clearly explain how they would have us define “representative.” … Echoing the district court, they primarily argue that had Congress wanted to establish an agency requirement, it would have used the more precise word “agent” instead of “representative.”

National Ass'n of Home Builders v. Norton

309 F.3d 26 · Court of Appeals for the D.C. Circuit · Nov 5, 2002

To establish that the release of information contained in government files would result in a clearly unwarranted inva- sion of privacy, the court first asks whether disclosure "would compromise a substantial, as opposed … The Secretary has established only the speculative potential of a privacy invasion without any degree of likelihood.

Edward L. Carey v. Britt Hume, Jack Anderson

492 F.2d 631 · Court of Appeals for the D.C. Circuit · Jun 5, 1974

That is clearly not the law after Branzbrug with respect to criminal proceedings, and it appears to us that Branzburg, in language if not in holding, left intact, insofar as civil litigation is concerned, the approach taken … This immunity would also inure to the benefit of the reporter's employer, the newspapers and news media. 40 In my view wuch immunity from practically all responsibility for libelous publications by the news media, constituting

In Re Sealed Case

794 F.2d 749 · Court of Appeals for the D.C. Circuit · Jul 8, 1986

In an earlier order and memorandum opinion, filed May 16, 1986, we affirmed the District Court’s judgment finding appellant in contempt for refusing, *750 after a grant of immunity, to answer questions propounded to him in … Interpreting the thirty-day limit to contain the remedy appellant seeks would benefit only contemnors who do not qualify for bail, that is those who fail to demonstrate that their appeal is not frivolous or taken for delay

Mogenhan v. Napolitano

613 F.3d 1162 · Court of Appeals for the D.C. Circuit · Jul 27, 2010

We do not reach the court’s first ground because it was clearly correct as to the second. … Mogenhan cannot even begin to establish that the interactive process took too long, because she submitted no evidence as to when she first requested that the Service cool her workspace.

Hilyer v. Howat Concrete Co.

578 F.2d 422 · Court of Appeals for the D.C. Circuit · May 10, 1978

. *183 (R. 139, Tr. 158), this estimate appears to be too early, for it was established that the construction crew did not even arrive at the site until 6:30 (R. 137, Tr. 28). … As presented in the District Court proceedings, Simms’ statement clearly qualified as hearsay, 4 and thus was inadmissible unless it was encompassed by one of the exceptions to the hearsay rule listed in Rule 803. 5 Although

Tavoulareas v. Tavoulareas

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.

Aclu Foundation of Southern California v. William P. Barr

952 F.2d 457 · Court of Appeals for the D.C. Circuit · Feb 26, 1992

In Bivens actions requiring proof of malice, we have imposed a “heightened pleading standard” when the official moves for dismissal of the complaint or for summary judgment on the ground of qualified immunity. … In Bivens suits, the qualified immunity defense protects officials not only from having to defend at trial, but also from having to endure the preliminaries.

NextEra Energy Global Holdings B.V. v. Kingdom of Spain

112 F.4th 1088 · Court of Appeals for the D.C. Circuit · Aug 16, 2024

It moved to dismiss the petitions on the ground that it enjoys sovereign immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et. seq. … It reasoned that “Derimen’s claim against [Moldova] was not an investment within the meaning of the ECT because Derimen, a [British Virgin Islands] entity, was not a qualifying investor.” Id. at 878.

P.I.A. Michigan City Inc. v. Thompson

292 F.3d 820 · Court of Appeals for the D.C. Circuit · Jun 14, 2002

s 1395x(e)-(f), and permits a "distinct part" of an institution to qualify as a psychiatric hospital. Id. s 1395x(f). … This emphasis on Kingwood's "primary" level of activity clearly relates to the pre-1992 "type of hospital" test and the statutory definition of a psychiatric hospital.

Scott Armstrong, Appellees/cross-Appellants v. Executive Office of the President, Appellants/cross-Appellees

90 F.3d 553 · Court of Appeals for the D.C. Circuit · Aug 2, 1996

And while a definite structure may be a prerequisite to qualify as an "establishment within the executive branch," see id. … There are separate offices, each responsible for a particular geographic region or functional area, with clearly established lines of authority both among and within the offices.

McKenzie v. Sawyer

684 F.2d 62 · Court of Appeals for the D.C. Circuit · Jul 27, 1982

Of black applicants for the program in 1971, one was ranked best qualified and four were ranked qualified; six whites were ranked best qualified, one better qualified, and five qualified. … The finding of liability clearly limits the escape routes open to a discriminator.

Amalgamated Clothing Workers of America, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Hamburg Shirt Corporation

371 F.2d 740 · Court of Appeals for the D.C. Circuit · Dec 15, 1966

The Company official who spoke at this event did not deny or qualify these remarks, and on a later day he stated that if the Union were successful “no one will ever know about the expansion plans or other plans.” … This card does not even have the fine print indicating an alternative use of the card in gaining an election, as did the card we recently held clear enough to be immune from individual impeachment because of subjective understanding

Atchison, Topeka and Santa Fe Railway Co. v. Aircoach Transport Association, Inc., Baltimore and Ohio Railroad Company v. Aircoach Transport Association, Inc., Pennsylvania Railroad Company v. Aircoach Transport Association, Inc., New York Central Railroad Company v. Aircoach Transport Association, Inc.

253 F.2d 877 · Court of Appeals for the D.C. Circuit · Feb 25, 1958

Reduced rates for transportation incident to our huge defense establishment should not, unless the Act clearly so requires, be left altogether beyond the reach of the Commission's power to approve agreements with respect … The policy there declared, to be somewhat repetitious, is inter alia to encourage the establishment and maintenance of reasonable charges without "unfair or destructive competitive practices," all to the end of developing