Case law

Stephenson v. District of Columbia

297 F. 876 · Court of Appeals for the D.C. Circuit · Apr 7, 1924

defined duty is enjoined in consideration of the privileges and immunities which the act of incorporation confers and secures.” … After stating the established doctrine that when acting in good faith municipal corporations are not liable for the manner in which they exercise discretionary powers of a public or legislative character, the court said:

Abdulsalam Ali Al-Hela v. Donald Trump

972 F.3d 120 · Court of Appeals for the D.C. Circuit · Aug 28, 2020

See, e.g., Ali, 649 F.3d at 771 (noting in a qualified immunity context that the applicability of due process rights to Guantanamo is not clearly established); Al Madhwani v. Obama, 642 F.3d 1071, 1077 (D.C. … immunity grounds); Kiyemba II, 561 F.3d at 514 & n.4 (rejecting due process challenge to Executive transfer determination as clearly foreclosed by precedent).

United States v. Valdes, Nelson

475 F.3d 1319 · Court of Appeals for the D.C. Circuit · Feb 9, 2007

Rejecting this very narrow definition, the Court held simply that “[i]n numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their … ,” for example, is clearly a question answered by the government.

Courier Post Pub. Co. v. Federal Communications Commission

104 F.2d 213 · Court of Appeals for the D.C. Circuit · Mar 6, 1939

It has 34 wholesale and 333 retail establishments. Hannibal' La Grange College is located there. Enrollment of public schools exceeds 4,200; three parochial schools have a registration of about 600. … The Supreme Court has declared substantial evidence to be “more than a scintilla, and must •do more than create a suspicion of the existence of the fact to be established.

George Hyman v. District of Columbia

247 F.2d 585 · Court of Appeals for the D.C. Circuit · Sep 16, 1957

Rome intended the words “subject to,” et cetera, to have the qualifying effect which the law assigns to such testamentary language, as will appear. … Rome owed Hyman the sum of $79,836.91 is established by the finding of the Tax Court.

Hardy Exploration & Prod. (India), Inc. v. Gov't of India

314 F. Supp. 3d 95 · Court of Appeals for the D.C. Circuit · Jun 7, 2018

The United States' recognition and respect of other nations' sovereignty is expressed through the Foreign Sovereign Immunities Act, which provides that "foreign state[s] shall be immune from the jurisdiction of the courts … The Court has already established that confirmation of the specific performance portion of the award would violate public policy.

P.K. v. Tillerson

302 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Sep 29, 2017

In IRAP , the Fourth Circuit held that section 2(c) "likely violates the Establishment Clause." IRAP , 857 F.3d at 605 . … Mar. 26, 2008) (holding that the doctrine of consular non-reviewability did not apply where the "case ha[d] not procedurally progressed to the point where consular immunity would bar judicial review").

Coleman v. District of Columbia

794 F.3d 49 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

That is because blowing the whistle does no't immunize employees from any and all employment actions; it only protects against those adverse employment actions for which the employee’s disclosure or attempted disclosure was … A reasonable jury could conclude based on the summary judgment record that- one or more of Coleman’s individual complaints qualifies as protected under the Whistle-blower Act, that Coleman established a prima facie case of

Wade McNeil v. Fred A. Seaton, Individually and as Secretary of the Interior

281 F.2d 931 · Court of Appeals for the D.C. Circuit · Sep 22, 1960

We say this much: this appellant clearly was entitled to “preference” under the Act and the Range Code, as we have shown. The word in the context here used is to be taken in its ordinary sense. Its meaning is plain. … This appellant not only was engaged in stockraising when the Act was passed, but he qualified under the Range Code as and when first promulgated.

Truck Drivers Union Local No. 413, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. National Labor Relations Board, Truck Drivers & Helpers Local Union No. 728, International Brotherhood Ofteamsters v. National Labor Relations Board, Watson-Wilson Transportationsystem, Inc., Intervenors

334 F.2d 539 · Court of Appeals for the D.C. Circuit · Nov 16, 1964

Clearly this is the law. See National Labor Relations Board v. Rockaway News Co., supra; Meier & Pohlmann Furniture Company v. … provision of the collective bargaining agreements here concerns Subcontracting: 32 'The Employer agrees to refrain from using the services of any person who does not observe the wages, hours and conditions of employment established

Paulette Dendy v. The Washington Hospital Center

581 F.2d 990 · Court of Appeals for the D.C. Circuit · Jul 17, 1978

The court thus appeared to reject, without adequate explanation, the undisputed testimony of a witness who had been qualified by the court as an expert. … Because of our inability to clearly discern the basis upon which the district court denied preliminary relief, we remand for reconsideration.

United States v. Civil Aeronautics Board, American Airlines, Inc., Trans World Airlines, Inc., United Air Lines, Inc., Braniff Airways, Inc., Northwest Airlines, Inc., Intervenors. United States of America v. Civil Aeronautics Board, American Airlines, Inc., Trans World Airlines, Inc., United Air Lines, Inc., Braniff Airways, Inc., Northwest Airlines, Inc., Intervenors

511 F.2d 1315 · Court of Appeals for the D.C. Circuit · Apr 23, 1975

In the case of IATA fare agreements, however, the Board has already decided that the concerted making of fares by IATA, although clearly in conflict with antitrust principles, is not 'adverse to the public interest' within … He points out that this is because the granting of antitrust immunity 'is not lightly implied' and because '(c)artels of any kind derogate from this country's free enterprise system.

Northern Natural Gas Co. v. Federal Power Commission

399 F.2d 953 · Court of Appeals for the D.C. Circuit · Jun 21, 1968

Its intent is clearly demonstrated by its original application. And the mere size of its present operation would suggest that financing would not hinder its entry. … C., supra Note 10 (Power Commission approval of acquisition does not immunize agreement from pending Justice Department antitrust suit); cf. Maryland & Virginia Milk Producers Ass’n v.

United States v. James Little

78 F.4th 453 · Court of Appeals for the D.C. Circuit · Aug 18, 2023

But Congress often borrows established legal phrasing when it writes statutes. See FAA v. Cooper, 566 U.S. 284, 292 (2012). … With the 1994 amendment, Congress clearly intended to authorize probation “for petty offenses” in instances where probation was not previously allowed.

Family Trust of Massachusetts, Inc. v. United States

722 F.3d 355 · Court of Appeals for the D.C. Circuit · Jun 28, 2013

The Congress made an exception, however, for a qualifying “special needs” or “supplemental needs” trust—that is, “ ‘a discretionary trust established for the benefit of a person with a severe and chronic or persistent disability … No guardianship program has been established.

Jenco, Douglas J. v. Islam Repub Iran

315 F.3d 325 · Court of Appeals for the D.C. Circuit · Jan 17, 2003

The Statutory Framework Under the Foreign Sovereign Immunities Act ("FSIA"), foreign states generally enjoy immunity from suit in U.S. … And, as we have shown, appellants can find no support for their claims in the established common law.

Hall, Marvin W. v. Giant Food Inc

175 F.3d 1074 · Court of Appeals for the D.C. Circuit · May 25, 1999

In the ADEA context, Hall had to show that he belongs in the statutorily protected age group, he was qualified for the position, he was terminated, and he was disadvantaged in favor of a younger person. … At the time of the events leading to Hall’s termination, the relevant employment policies were clearly established and were made known to Giant employees in both oral and written form.

Pike v. U.S. Dep't of Justice

306 F. Supp. 3d 400 · Court of Appeals for the D.C. Circuit · Sep 20, 2016

Therefore, this Court easily concludes that the threshold Exemption 7 requirement that the recording and transcript qualify as law enforcement records is satisfied. … Of course, it is also well established that this public-domain doctrine is not without limits.

Schlaefer v. Schlaefer

112 F.2d 177 · Court of Appeals for the D.C. Circuit · Feb 5, 1940

Prior to September 16, 1938, when the new Federal Rules of Civil Procedure became effective, 28 U.S.C.A. following section 723c, it was established clearly in this jurisdiction that a defendant, by pleading to the merits … “Further proceedings” clearly means those occurring after the effective date.

Director, Office of Workers' Compensation Programs v. Jaffe New York Decorating

25 F.3d 1080 · Court of Appeals for the D.C. Circuit · Jun 10, 1994

In addition to being a finding of fact directly at odds with the ALJ’s findings, the Board’s assertion that “the record establishes that claimant’s lack of motivation is inextricably tied to his pre-existing alcoholism .. … Scher, similarly did not clearly demonstrate that “but for” his alcoholism King could have found a suitable job. Scher testified about numerous available jobs that he believed King could handle.