Case law

Hornblower v. George Washington University

31 App. D.C. 64 · Court of Appeals for the D.C. Circuit · Mar 31, 1908

He should he allowed to explain or qualify it, so far as the truth will permit; but if, with such explanation and qualification, it should clearly appear that there could be no recovery, the court should not hesitate to so-declare … The date of presenting a bill for payment does not establish or fix the date when the bill became due, or when the indebtedness, if any, accrued.

Estate of Jerome Mittleman, Deceased, Henrietta Mittleman, Irving B. Yochelson and Solomon Grossberg, Executors v. Commissioner of Internal Revenue

522 F.2d 132 · Court of Appeals for the D.C. Circuit · Nov 3, 1975

After responding to that call, we answer the question in the affirmative. 32 The factors we identify and discuss establish beyond peradventure that the testator intended a gift of the entire trust income to the wife, and … distribution thereof promptly enough to qualify the trust property for the marital deduction.

Michael E. Hubbard v. U.S. Environmental Protection Agency, Administrator

809 F.2d 1 · Court of Appeals for the D.C. Circuit · Jan 6, 1987

Reinstatement clearly is among those equitable remedies available to Hubbard. Mount Healthy City Board of Education v. … Doyle, 429 U.S. 274 , 97 S.Ct. 568 , 50 *12 L.Ed.2d 471 (1977), establishes that reinstatement may be had in a constitutional case involving employment: “[A state employee] may ... establish a claim to reinstatement if the

Land v. Dollar Sawyer, Secretary of Commerce v. Dollar

190 F.2d 623 · Court of Appeals for the D.C. Circuit · May 18, 1951

The official status of the respondents does not immunize them from punishment for contempt. … Thus, the alleged factual situation and the issues were clearly depicted. The members of the Commission had possession of the property.

A. Ernest Fitzgerald v. Robert C. Seamans, Jr.

553 F.2d 220 · Court of Appeals for the D.C. Circuit · Apr 29, 1977

Another issue is the applicability of the doctrine of official immunity, either as an absolute immunity under Barr v. … Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959), or a qualified immunity by extension of Scheuer v.

Blackhawk Heating & Plumbing Co. v. William B. Driver

433 F.2d 1137 · Court of Appeals for the D.C. Circuit · May 19, 1970

Appellees moved to dismiss the complaint for lack of jurisdiction on the grounds of sovereign immunity and plaintiff’s lack of standing to sue. (App. 46.) … Those cases clearly indicate that the question of standing is a preliminary matter which does not go to the merits of the case.

Coalition for the Environment v. Nuclear Regulatory Commission

795 F.2d 168 · Court of Appeals for the D.C. Circuit · Jul 11, 1986

These landmark court decisions established the principle that public utility commissions are to set a utility’s rates such that all reasonable costs of serving the public may be recovered, assuming prudent management of the … The short and sufficient answer is that those regulations were not a construction of the statute, but an exercise of discretionary authority under the statute, and they were not immune from later revision.

John L. Lewis, Trustees, United Mine Workers of America Welfare and Retirement Fund of 1950 v. Robert Z. Hogwood

300 F.2d 697 · Court of Appeals for the D.C. Circuit · Jan 18, 1962

We deem this basis far too slender a reed upon which to rely where the Tennessee court has spoken so clearly and where this appellee’s right to be in court somewhere is at stake. See footnote 9 infra. … Although the Welfare and Retirement Fund must qualify under the Taft-Hartley Act, 29 U.S.C.A. § 186 (c); see United Marine Division, etc. v. Essex Transportation Co., 216 F.2d 410 (3 Cir. 1954); cf. Lewis v.

National Association of Letter Carriers, Afl-Cio v. United States Postal Service

590 F.2d 1171 · Court of Appeals for the D.C. Circuit · Dec 8, 1978

Woodruff, 68 F.R.D. 660 (D.D.C.1975), which' found the doctrine of sovereign immunity applicable to the Postal Service. … Testan [, 424 U.S. 392 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976)], we believe, is that a general waiver of sovereign immunity should not be construed to extend to attorney’s fees unless Congress has clearly indicated that it

Rafael E. Chirino v. National Transportation Safety Board and Secretary of Transportation

849 F.2d 1525 · Court of Appeals for the D.C. Circuit · Jul 7, 1988

Chirino’s complicity in the scheme, the FAA sought to show that the pilot knew he could not qualify for the rating without a flight check. … An aircraft type rating certifies an otherwise qualified crew member to operate a particular aircraft. 2 .

Mitchell v. Federal Bureau of Prisons

587 F.3d 415 · Court of Appeals for the D.C. Circuit · Nov 20, 2009

None of the other sixty-three cases qualifies as a strike. … Indeed, he never even clearly states that medical attention was actually denied. Had Mitchell alleged any of these facts, we might treat his motion differently.

Great Lakes Airlines, Inc. v. Civil Aeronautics Board

294 F.2d 217 · Court of Appeals for the D.C. Circuit · Feb 24, 1961

No sanctions were imposed as a result of the findings, and the issue was “tried and determined” only in the sense that it was established as an evidentiary fact. … Air Cargo must be given an opportunity to establish its qualifications under the changed circumstances alleged.

Edwards v. Capital Airlines, Inc.

176 F.2d 755 · Court of Appeals for the D.C. Circuit · May 10, 1949

Young were not in fact employees of the company at the time they entered the armed services, and it concluded that their seniority should be “established in relation to” the date they returned to Capital. … We think that the danger to the rights of the non-member few, clearly inherent in the combination of circumstances here present, calls for the application of that doctrine. *762 We mean to make this decision no broader than

Mission Broadcasting Corporation v. Federal Communications Commission, Coast Tv, Intervenor

113 F.3d 254 · Court of Appeals for the D.C. Circuit · May 23, 1997

After concluding that Solar and Mission were not financially qualified, the FCC gave the permit to Coast. A. … Mission argues that the facts it presented to the Commission were sufficient under the agency’s established standard for showing reasonable assurance.

West v. United States ex rel. Alling

30 F.2d 739 · Court of Appeals for the D.C. Circuit · Jan 7, 1929

It will bo observed that the Secretary is given broad power to establish proper rules and regulations for carrying the Leasing Act into effect. … The court held that this decision was clearly an error of law, and that B, the first applicant after official notification of the decision had been received at the local land office, was entitled to’ a decree charging tho

Mary Tataranowicz v. Louis W. Sullivan, M.D., in His Official Capacity as Secretary, Department of Health and Human Services

959 F.2d 268 · Court of Appeals for the D.C. Circuit · Jun 1, 1992

No. 100-360, 102 Stat. 683 (1988), Congress expanded Medicare coverage for services in qualified skilled nursing facilities (“SNFs”). … We need not consider whether the jurisdictional issues here are difficult enough, and the merits issues easy enough, to qualify under that doctrine.

Alliance of Artists & Recording Cos. v. Gen. Motors Co.

306 F. Supp. 3d 422 · Court of Appeals for the D.C. Circuit · Mar 23, 2018

(In the context of that dispute, the plaintiff would contend that the anchor line clearly qualifies as a "conveyance" within the meaning of the statute because it transports the anchor on and off the boat, and that the anchor … They draw a map of the room, clearly noting the demarcations, and store the map in the drawer of the single desk in the room.

In re Air Crash Over the S. Indian Ocean

352 F. Supp. 3d 19 · Court of Appeals for the D.C. Circuit · Nov 21, 2018

of the Malaysian government but opposing dismissal based on sovereign immunity); see also FSIA Mem. at 12 (arguing that MAS and MAB are presumptively immune from suit and that Plaintiffs have not established that any FSIA … Rule 12(b)(1) Mot. to Dismiss on the Ground of Immunity Pursuant to the Foreign Sovereign Immunities Act, ECF No. 39); a motion by MAS seeking dismissal of the Montreal Convention for lack of jurisdiction ( see Def.

Indian Lake Estates, Inc. v. Ten Individual Net Limited, Inc., and Special Investments, Inc.

350 F.2d 435 · Court of Appeals for the D.C. Circuit · Oct 7, 1965

Specifically counsel submitted: “So we say it has been the law since 1954 but clearly since September 1963. … It is clear, however, that this court’s holding in the Royall case may apply only if the appellees cannot establish an adequate, affirmative defense.

Ryan Paul v. FAA

Court of Appeals for the D.C. Circuit · Feb 27, 2026

Given this description, one versed in federal administrative law would naturally think this is a routine exercise in prosecutorial discretion and thus immune from judicial review. See Heckler v. … The letter-order clearly qualified as an appealable order pursuant to 49 U.S.C. § 44709(d).