Case law

Frend v. United States

100 F.2d 691 · Court of Appeals for the D.C. Circuit · Oct 31, 1938

Appellants, however, in addition to the grounds discussed, insist that *694 the resolution is invalid because, in permitting the Superintendent of Police to grant permits, it establishes no standard or guide to govern that … Yattel’s Law of Nations (Chitty, 1883), p. 494. 3 Harvard Research Draft on “Diplomatic Privileges and Immunities,” published in 26 American Journal of International Law 50.

Transamer Leasing v. La Repub Venezuela

Court of Appeals for the D.C. Circuit · Jan 21, 2000

In this interlocutory appeal, Venezuela and the FIV argue that they are immune from suit upon all counts under the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. … First, the sale of a portion of its fleet as part of a massive restructuring hardly qualifies as CAVN's "day-to-day" business.

United States v. Philip Morris USA Inc.

566 F.3d 1095 · Court of Appeals for the D.C. Circuit · May 22, 2009

By statutory definition, any violation of the mail or wire fraud statutes can qualify as “racketeering activity.” 18 U.S.C. § 1961(1). … Supp. 2d at 873, BATCo claims that it enjoys immunity from RICO liability because the statute has no extraterritorial reach.

Victor Herbert v. National Academy of Sciences

974 F.2d 192 · Court of Appeals for the D.C. Circuit · Sep 8, 1992

Under our “plain error” doctrine, we may also intercede to decide issues not raised in District Court when a manifest injustice might otherwise result. 2 Herbert’s late-blooming argument, however, does not qualify for these … In In re Swine Flu Immunization Prod.

United States v. Bapack, Pauline Ngo

129 F.3d 1320 · Court of Appeals for the D.C. Circuit · Dec 5, 1997

requires that Bapack's fraud and conspiracy convictions be grouped. 10 Indeed, Bouchaud's testimony was so suggestive of her criminal culpability it prompted defense counsel to inquire whether she had been granted immunity … Medicare certifications, 9/9/96 Trial Tr. 200-205, the DCRA survey itself may qualify as a "matter within the jurisdiction of the executive ... branch of the Government of the United States." Cf. United States v.

United States Postal Service v. Postal Regulatory Commission

640 F.3d 1263 · Court of Appeals for the D.C. Circuit · May 24, 2011

The Commission concluded, however, that the rate request, as submitted, did not otherwise qualify for section 201(d)(l)(E)’s narrow exception to the statutory rate cap. … “The words do not speak clearly and unambiguously for themselves.

BCP Trading and Investments, LLC v. Cmsnr. IRS

991 F.3d 1253 · Court of Appeals for the D.C. Circuit · Mar 23, 2021

. §§ 6111 and 6112 require a tax shelter organizer to register a qualifying tax shelter with the IRS and provide certain information regarding it. … The TMPs cooperated with the criminal investigation and were granted immunity or offered suspended sentences by the prosecution. Id. at 223.

Shume v. Pearson Educ. Inc.

306 F. Supp. 3d 117 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

her as qualified. … Shume therefore cannot establish a "clear and indisputable right to relief" as required to justify an entitlement to mandamus. IV.

The Bilingual Bicultural Coalition of Mass Media, Inc. v. Federal Communications Commission, Avco Broadcasting Corporation, Intervenor

492 F.2d 656 · Court of Appeals for the D.C. Circuit · Feb 13, 1974

Under one of these programs, for example, the station hired “qualifiable, but not qualified” Mexican-Americans for specific jobs and gave them job training. 4 As to its treatment of Mexican-American employees, Avco denied … New approaches are clearly necessary.

Mary P. Valentino, Individually and on Behalf of All Other Persons Similarly Situated v. United States Postal Service

674 F.2d 56 · Court of Appeals for the D.C. Circuit · Mar 26, 1982

Legal Analysis To establish a prima facie case of discriminatory refusal to promote, a plaintiff need only show that she belongs to a protected group, that she was qualified for and applied for a promotion, that she was considered … Under the McDonnell Douglas formula a plaintiff in a Title VII sex discrimination case would meet the initial burden of establishing a prima facie case if she showed that she “applied and was qualified for a job for which

Prince Jones v. DC

Court of Appeals for the D.C. Circuit · Jul 14, 2022

Likewise, the police officer appellees are entitled to qualified immunity from claims for damages “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … probable cause arises from that unconstitutional use, qualified immunity shields them from these claims.

Brown Telecasters, Inc. v. Federal Communications Commission, Television Broadcasters, Inc., Intervenor

289 F.2d 868 · Court of Appeals for the D.C. Circuit · Jun 14, 1961

Clearly, to my mind and as I shall demonstrate, it was the error of the Commission which has left the record in the form which my colleagues find acceptable. … Down to this minute, the record wholly fails to establish a studio proposal by Television Broadcasters.

Bennett v. Islamic Republic of Iran

618 F.3d 19 · Court of Appeals for the D.C. Circuit · Dec 3, 2010

Diplomatic properties are generally immune from attachment. See 28 U.S.C. §§ 1609–1610. … The parenthetical phrase, the Bennetts argue, establishes that any “use” of a seized asset “as a rental property” invariably has a nondiplomatic purpose.

American Federation of Government Employees, Afl-Cio, Local 2953 v. Federal Labor Relations Authority

730 F.2d 1534 · Court of Appeals for the D.C. Circuit · Mar 30, 1984

than A with regard to civilian skills though overwhelmingly more qualified in the military and overall evaluations. … That ruling is clearly consistent with the FLRA decision in this case.

Norcross v. Helvering

75 F.2d 679 · Court of Appeals for the D.C. Circuit · Feb 4, 1935

It is urged by petitioners that they were agencies or instrumentalities through which the state exercised an essential governmental function and are therefore immune from federal- taxation. … A.) 46 F.(2d) 944 , 947: “The authorities clearly establish the doctrine that an individual rendering services to a state or a political subdivision thereof does not belong to the class of state agencies exempt from federal

Aid Association for Lutherans v. United States Postal Service, American Bar Endowment v. United States Postal Service

321 F.3d 1166 · Court of Appeals for the D.C. Circuit · Mar 14, 2003

Both AAL and ABE are “qualified nonprofit organizations” eligible to mail qualifying matter at reduced nonprofit rates. … We reject this position as entirely untenable under well-established case law. See Ry. Labor Executives’ Ass’n v.

Communist Party of the United States of America v. Subversive Activities Control Board

223 F.2d 531 · Court of Appeals for the D.C. Circuit · May 31, 1955

This is too well established to require citation. We think these provisions clearly valid. … The argument is clearly without merit.

Charles Russell Twist v. Edwin Meese, Attorney General, U.S. Department of Justice

854 F.2d 1421 · Court of Appeals for the D.C. Circuit · Aug 23, 1988

Twist also spoke to the District Court Judge who would review any immunity requests made by the government in the Cleveland Press investigation. … These facts are well established and uncontroverted.

Roberto Saavedra Bruno,appellants v. Madeleine K. Albright, Secretary of State,appellees

197 F.3d 1153 · Court of Appeals for the D.C. Circuit · Dec 3, 1999

As revised in 1976, § 702 itself contains another qualifying clause. … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Hari-siades v.

Miango v. Democratic Republic of Congo

288 F. Supp. 3d 117 · Court of Appeals for the D.C. Circuit · Jan 16, 2018

Under the Foreign Sovereign Immunities Act, a court may not enter a default judgment against a foreign state "unless the claimant establishes his claim or right to relief by evidence satisfactory to the court." 28 U.S.C. … The Court is satisfied that plaintiffs have established the necessary elements of their battery claim.