Case law

Citizens for Responsibility & Ethics v. Federal Election Commission

711 F.3d 180 · Court of Appeals for the D.C. Circuit · Apr 2, 2013

All the while, the agency’s actions would remain immune from suit because the requester would not yet have  12 been able to appeal and exhaust administrative appeal remedies. … For example, FOIA provides that agencies may establish multitrack procedures based on the amount of work or time a request entails, and FOIA requires that agencies establish a tracking system for requests that will take longer

Terence J. Horn and Jean Horn v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Terence J. Horn and Jean Horn

968 F.2d 1229 · Court of Appeals for the D.C. Circuit · Jun 26, 1992

Finally, as described in the next section, section 108 clearly permits losses incurred pursuant to straddles established on unregulated exchanges. … Additionally, the balance of section 108 clearly contemplates losses incurred from unregulated straddles.

Federal Home Loan Bank Board v. John W. Rowe, John B. Hoadley v. John W. Rowe

284 F.2d 274 · Court of Appeals for the D.C. Circuit · Oct 20, 1960

On the contrary, Congress clearly reposed in the Board a wide discretion in its determination of whether or not the standards had been met. … The Government itself had a continuing interest in each such association as might qualify for a charter. In particulars here pertinent, from 1933 to the present time, Congress has never amended the basic act.

Stephen H. Payson v. William B. Franke, Secretary of the Navy

282 F.2d 851 · Court of Appeals for the D.C. Circuit · Aug 4, 1960

Three officers were found eligible for promotion and three others were in the board’s sworn, collective judgment not qualified for continued service. … administrative practice have established authoritative interpretations clarifying ambiguities in the law, the text has been reworded to express those interpretations.”

Brotherhood of Railroad Trainmen v. National Mediation Board

88 F.2d 757 · Court of Appeals for the D.C. Circuit · Dec 21, 1936

And in the election the Boafd is authorized to establish rules to govern the election and to “designate” who shall participate. … The question on this appeal is whether the decision of the Board, excluding part-time conductors from participation in the election, was a mistake of law so clearly *759 erroneous as to make the decision arbitrary.

State v. Watkins

969 F.2d 1122 · Court of Appeals for the D.C. Circuit · Jul 10, 1992

after RCRA was enacted, cannot qualify for interim status. … Money damages, even assuming, arguendo, no government immunity bar, would not be responsive to the environmental and separation of powers concerns complainants raise. Cf.

Murray A. Kivitz v. Securities and Exchange Commission

475 F.2d 956 · Court of Appeals for the D.C. Circuit · Jan 31, 1973

The Commission opinion next recited that the record clearly supported the “inference” that Quase and Kivitz anticipated Quase would receive a portion of the Kivitz fee. … Although summoned by the Commission staff, Quase appeared and refused to testify unless granted immunity. Counsel for the Commission declined to seek immunity for Quase.

John C. Gager v. 'Bob Seidel,' Seidel's Restaurant

300 F.2d 727 · Court of Appeals for the D.C. Circuit · Feb 20, 1962

That police who ticket, or even impound, illegally parked cars generally are performing an authorized and immune function may be understood. … In some jurisdictions, 15 there is a well established rule of immunity from civil liability of public officers for an injury suffered as a result of acts within the scope of official authority.

United States v. Michael F. Friedman

849 F.2d 1488 · Court of Appeals for the D.C. Circuit · Jun 17, 1988

Mintzes, 761 F.2d at 279-80 (defendant who is financially able to retain an attorney has qualified right to do so); Urquhart v. … The government’s title to the assets sought here, in the absence of any competing claim by someone other than Friedman, was clearly established by the judgment of conviction. 18 U.S.C. § 1963 (e), (l)(7); United States v.

Robbins v. Jordan

181 F.2d 793 · Court of Appeals for the D.C. Circuit · Apr 3, 1950

the plaintiffs, as a practicing physician, and a doctor of medicine, and one well qualified in the treatment of disorders and diseases of women.” … On the contrary, it is quite clear that the sole ground on which the court acted was failure of the plaintiffs to establish negligence.

West v. McLaughlin

18 F.2d 813 · Court of Appeals for the D.C. Circuit · Apr 4, 1927

Braitmayer, who was her next of kin and sole heir at law, was duly appointed and qualified as sole administratrix of her estate. … The proof of the agreement in this ease did not depend upon inferences drawn from circumstances only, but is established by evidence of the declarations of the decedent.

William Brown v. Lawrence O'Brien Thomas E. Keane v. National Democratic Party Thomas E. Keane v. National Democratic Party, Thomas E. Keane v. National Democratic Party William Cousins

469 F.2d 563 · Court of Appeals for the D.C. Circuit · Oct 10, 1972

But there can be no dispute that the very integrity of the process rests on the assumption that clear rules will be established and that, once established, they will be enforced fairly, consistently, and without discrimination … (emphasis added and original quotation shortened). 59 Irreparable injury, "both great and immediate," are clearly shown here.

Robert I. Silverman v. Marion Barry, Mayor of the District of Columbia

845 F.2d 1072 · Court of Appeals for the D.C. Circuit · Jul 15, 1988

To be approved, a plan to convert had to receive the votes of over 50 percent of qualified voters in a conversion election. … impression whose resolution was not clearly foreshadowed ...”

United States v. Eric Scurry

821 F.3d 1 · Court of Appeals for the D.C. Circuit · Apr 8, 2016

This requirement may be met where the language points unambiguously to a unique qualified officer holding a position that only one individual can occupy at a time, but here there is more than one Deputy Assistant Attorney … What the government asks, in essence, is for the court to transform section 2518(10)(a) from a statutory provision establishing a disjunctive test into one establishing a conjunctive test.

Dellums v. Powell

566 F.2d 231 · Court of Appeals for the D.C. Circuit · Aug 4, 1977

Their testimony would at best have been cumulative of that of other witnesses on the only issue raised by Chief Powell which actually went to trial: his qualified immunity. … While their testimony might have been relevant in establishing damages to which they were entitled under the Eighth Amendment, we have vacated Eighth Amendment damages *345 in the companion ease. See Dellums v.

United States v. Gregory A. Baskin

886 F.2d 383 · Court of Appeals for the D.C. Circuit · Sep 22, 1989

See Lloyd, 868 F.2d at 451 (factual finding of consent is subject to clearly erroneous standard). B. … The defendant’s argument that Rawls did not qualify as an expert is based solely on the fact that Rawls only learned about the facts of this case just before testifying.

Board of Directors of City Trusts v. Maloney

141 F.2d 275 · Court of Appeals for the D.C. Circuit · Mar 6, 1944

Instead, if explanatory and qualifying later language indicated that a nontechnical meaning was intended by the testatrix, then the literal 3 or technical 4 meaning should be disregarded and the intent of the testatrix prevail … There is no reason, therefore, why the provisions of the will, establishing the trust, shall not become fully operative.

Phillips Petroleum Co. v. Federal Energy Regulatory Commission

792 F.2d 1165 · Court of Appeals for the D.C. Circuit · Jun 13, 1986

Instead of establishing individual rates for each producer, it established rates applicable to all producers in an assigned production region. … We have little difficulty in rejecting this challenge because Phillips clearly has standing as a consumer of natural gas.

William L. Mondy v. Secretary of the Army

845 F.2d 1051 · Court of Appeals for the D.C. Circuit · Apr 26, 1988

States Attorney (or his or her designee) and the Attorney General. 4 While Mondy may have mistakenly believed that Colonel Sweeney was the proper Title VII defendant, he used his military title in the complaint and thus clearly … Extension of equitable tolling to such claims is not automatic by any means, for the government enjoys sovereign immunity, and waivers of such immunity are narrowly read. United States v.

Sami Allaithi v. Donald Rumsfeld

753 F.3d 1327 · Court of Appeals for the D.C. Circuit · Jun 10, 2014

Though the memoranda are hardly paragons of clarity, they do establish that post- clearance detention was authorized and expected. … The Appellants cannot pursue a Bivens claim because qualified immunity “insulates the defendants” here; alternatively, special factors counsel against allowing the claim to move forward.