Case law

United States v. Madhatta Haipe

769 F.3d 1189 · Court of Appeals for the D.C. Circuit · Oct 31, 2014

Haipe’s second major claim is that his crime did not qualify for the enhancement even under the 1995 Guidelines. … Were it enough, every (or virtually every) kidnapping would ipso facto qualify for the terrorism enhancement.

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.

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.

Dellums v. Powell

566 F.2d 216 · Court of Appeals for the D.C. Circuit · Aug 4, 1977

At trial Chief Wilson did not seek to establish official immunity as a defense, but instead asserted that he was insufficiently involved with the May 5 arrests to support tort liability. He takes the same position here. … The en banc opinion in Wade does not clearly disclose that the District in that case made both arguments set out in text. The panel opinion in that case does show this, however. See Graves v.

Am. Bar Ass'n v. U.S. Dep't of Educ.

370 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Feb 22, 2019

At that point, it decided to establish an annual employment-certification form, which led it to develop the ECF Process. 73 Fed. Reg. at 63 ,241 -42; AR 45-46. … The evidence concerning Voigt's claim makes the point the most clearly.

Bailey v. Richardson

182 F.2d 46 · Court of Appeals for the D.C. Circuit · Jun 5, 1950

Appellant says: “We are of course not suggesting that a government employee who is reinstated in his job is immune from inquiry into his loyalty.” … The President certainly does not have to appoint any ancj au qualified persons to public office, And the Constitution does not require him to keep in office everyone who is qualified, Even if appellant had been qualified

Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. Environmental Protection Agency

768 F.2d 385 · Court of Appeals for the D.C. Circuit · Jul 26, 1985

The principal issue presented in this case is the reasonableness of the EPA’s determination that American Methyl sufficiently established that Petrocoal met the criteria to qualify for a waiver under section 211(f)(4). … The Administrator, in the Petrocoal waiver decision, stated that the relationship *284 between fuel volatility characteristics (primarily the Front End Volatility Index (FEVI)) and evaporative emissions had been clearly established

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.

Royce Corley v. DOJ

998 F.3d 981 · Court of Appeals for the D.C. Circuit · Jun 1, 2021

A statute qualifies for the exemption if it “requires that . . . matters be withheld from the  6 public in such a manner as to leave no discretion on the issue” or if it “establishes particular … We agree with the government that the Child Victims’ Act unambiguously qualifies as an Exemption 3 statute.

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).

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.

Lytes v. DC Water and Sewer Authority

572 F.3d 936 · Court of Appeals for the D.C. Circuit · Jul 21, 2009

The amicus does not argue the Congress clearly answered the retroactivity question. … Cir. 1994) (Wald, J., dissenting) (so concluding with respect to Foreign Sovereign Immunities Act (FSIA)); cf. Republic of Austria v.

Arline L. Coopersmith v. Richard L. Roudebush, Individually and as Administrator, Veterans Administration

517 F.2d 818 · Court of Appeals for the D.C. Circuit · Aug 18, 1975

Hampton, 168 U.S.App.D.C. -, 512 F.2d 976 (1975); “Content” validity is established when the test closely approximates the tasks to be performed on the job by the applicant. Id. at -, 512 F.2d at 984 . … An examination of the record leads one to the inescapable conclusion that appellant’s application was rejected for the one clearly lawful reason — she was not the most qualified applicant for the job.

Multi Ag Media LLC v. Department of Agriculture

515 F.3d 1224 · Court of Appeals for the D.C. Circuit · Feb 15, 2008

To qualify for FSA’s benefits, farmers must submit information about their operations to a local FSA office. … It contains crop data that agricultural producers report to FSA to establish their eligibility for the government’s subsidy and benefit programs.

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.

National Security Archive v. CIA

104 F.4th 267 · Court of Appeals for the D.C. Circuit · Jun 7, 2024

“It is well established that a federal court cannot act in the absence of jurisdiction,” and “[i]t is equally well established that Article III standing is a prerequisite to federal court jurisdiction.” Am. Libr. … Cir. 1999) (“Under our public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record.”); Students Against Genocide v.

Perioperative Services And Logistics, LLC v. DVA

57 F.4th 1061 · Court of Appeals for the D.C. Circuit · Jan 17, 2023

Perioperative acknowledges that the complaint qualifies as a similar file, as courts construe that term. … Perioperative next argues that the “VA [has] fail[ed] to establish that the responsive records are not reasonably segregable.” Appellant’s Br. 26.

Watts v. Securities & Exchange Commission

482 F.3d 501 · Court of Appeals for the D.C. Circuit · Mar 30, 2007

We have thus far established that the SEC’s decision to object to the subpoena was not an “order” qualifying for our direct review. As a result, the District Court is the proper forum for Watts’s claim. … In general, state court subpoenas present entirely different issues (because of the Supremacy Clause and sovereign immunity), and a state court litigant’s only recourse from a federal agency’s refusal to comply with a state

United States v. Hinds, Gregorio

329 F.3d 184 · Court of Appeals for the D.C. Circuit · May 20, 2003

Al- though the government’s failure to make the waiver argument in the district court would not necessarily preclude us from relying on it here, see In re Swine Flu Immunization Prods. … commit the crime’’ to qualify as having been entrapped); see also United States v.

Ute Hayman v. National Academy of Sciences

23 F.3d 535 · Court of Appeals for the D.C. Circuit · May 20, 1994

Appellant clearly established that (1) she was a member of the protected class; (2) she was discharged from her Administrative Assistant’s position at NAS and was rejected upon reapplying for that position; and (3) NAS hired … Because this circuit has not construed the term “qualified” for purposes of establishing a prima facie case of discriminatory firing under the ADEA, it is less clear whether Appellant satisfied that element of her prima facie