Case law

United States v. Clarke

24 F.3d 257 · Court of Appeals for the D.C. Circuit · May 20, 1994

The immunized information was, to all appearance, revealed innocently. … offered in Barden’s statement on December 17 but in an immunized session at a later time.

Petrochem Insulation, Inc. v. National Labor Relations Board

240 F.3d 26 · Court of Appeals for the D.C. Circuit · Jan 26, 2001

Petrochem next argues that even if unions sometimes enjoy section 7 protection, the Board had no basis for concluding that the petitioning activity in this case "was clearly protect- ed." … Concluding here that petitioning the government qualifies as political expression, the Board stated "in order to avoid the potentially serious First Amendment problems that would result if the Unions' governmental petitioning

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.

Enoch Creek, Jr. v. William J. Stone

379 F.2d 106 · Court of Appeals for the D.C. Circuit · May 1, 1967

It also required the Commissioners to appoint qualified experts whose services are available to the Juvenile Court. 24 D.C.Code § 106 (1961). *110 The purpose set forth in 16 D.C.Code § 2816(3), while primarily relating to … That the determinations of the Juvenile Court are not immune from *112 overview is underscored by the fact that Congress has provided for appeals to the D. C. Court of Appeals. 11 D.C.Code § 772 (1961).

Clarence M. Ditlow v. George P. Shultz, Secretary, Department of Treasury

517 F.2d 166 · Court of Appeals for the D.C. Circuit · Aug 11, 1975

In order to justify denial of appellant’s request based on exemption 6, the Secretary must show both that the material sought qualifies as a personnel, medical,' or similar file and that disclosure would constitute a “clearly … An initial issue is whether the requested material qualifies as a “similar file” since it clearly is neither a personnel nor a medical file.

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.

Nazario Castaneda-Gonzalez v. Immigration and Naturalization Service

564 F.2d 417 · Court of Appeals for the D.C. Circuit · May 27, 1977

WILLFULNESS NOT ESTABLISHED Finally we must consider the Service’s contention that the record in this case adequately establishes a willful misrepresentation by Castaneda-Gonzalez. … In a deportation proceeding, the government must establish an alien’s deportability by clear, convincing, and unequivocal evidence. Woodby v.

Sandra G. Bundy v. Delbert Jackson, Director, D.C. Department of Corrections

641 F.2d 934 · Court of Appeals for the D.C. Circuit · Jan 12, 1981

Fortunately, the District Court need not establish an entire new procedural mechanism for harassment complaints. … But proof of these factors certainly helps establish a prima facie case.

Javier Mayorga v. Christine A. Merdon

928 F.3d 84 · Court of Appeals for the D.C. Circuit · Jun 28, 2019

The AOC ultimately chose Ed Williams and John Coulter, two white males it claimed were most qualified, to fill the two positions. … Furthermore, Mayorga clearly testified that Wallace has previously called him “Caviar” – a particularly significant accusation because Wallace was on the selection panel.  18 Finally,

Amobi v. District of Columbia Department of Corrections

755 F.3d 980 · Court of Appeals for the D.C. Circuit · Jun 27, 2014

Only where the facts are undisputed or clearly established does probable cause become a question of law for the court. Id. … Nevertheless, because the relevant conduct at issue in this case occurred before we issued our decision in Pitt, clearly establishing malicious prosecution as a violation of constitutional rights, qualified immunity is appropriate

Mirror Lake Village, LLC v. Chad F. Wolf

971 F.3d 373 · Court of Appeals for the D.C. Circuit · Aug 21, 2020

USCIS denied each, finding that the plaintiffs “fail[ed] to establish that [they] ha[d] placed the required minimum amount of capital at risk.” Visa Denial at 5 (J.A. 65); see 8 C.F.R. § 204.6(j)(2). … Should the [business] be profitable and have sufficient cash flow, the [sell-back] Option was clearly written as an exit strategy.” Visa Denial at 6 (J.A. 66).

Student Loan Marketing Association v. Riley

104 F.3d 397 · Court of Appeals for the D.C. Circuit · Jan 10, 1997

The regulations that establish capital standards for such banks adjust for the risk of the different types of assets held by banks. … The explicit statutory exemption at a minimum, however, saves Sallie Mae the burden of litigation to establish its status, and of course relieves it of any risk that it might be found not to qualify.

Doe v. Metropolitan Police Department

445 F.3d 460 · Court of Appeals for the D.C. Circuit · Apr 25, 2006

Both parties have argued the merits of the Does’ constitutional claim on appeal but several issues related to that claim have yet to be litigated, including whether the arresting officers are entitled to qualified immunity … Haugen, 543 U.S. 194, 198 (2004) (“Qualified immunity shields an officer from suit when she makes a decision that, even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted

Helmerich & Payne Intl v. Bolivarian Rep. of Venezuela

Court of Appeals for the D.C. Circuit · Aug 7, 2018

Nor, in any event, does Venezuelan law establish H&P-V as “international” in any relevant sense. … Although H&P-V is correct that Venezuela and PDVSA “bear[] the ultimate burden of persuasion to show [an immunity] exception does not apply,” H&P-V bears the “initial burden” of overcoming the Act’s “presumption of immunity

Leon Cunningham v. Margaret M. Heckler, Secretary of Health and Human Services

764 F.2d 911 · Court of Appeals for the D.C. Circuit · Jun 21, 1985

Kuhagen, the vocational expert called by the appellant, clearly believed that the appellant’s mental skills would increase the difficulty of the appellant’s obtaining employment. … Your statements alone are not enough to establish that there is a physical or mental impairment.”) (emphasis in original).

Richard Picker v. Searcher's Detective Agency, Inc.

515 F.2d 1316 · Court of Appeals for the D.C. Circuit · Jul 14, 1975

As the court said: [tjhere is no testimony in this case which could support a finding that [the bailor] was not effectively put on notice that the valuation she herself placed on her furs at storage established a ceiling … The trial court may properly remove such an issue from the jury and hold for the bailee as a matter of law when, despite the bail- or’s denial, his knowledge of the liability clause can clearly be imputed from the facts and

John F. Robinson, Trustee for the Francis E. Heydt Company v. Richard Cheney, Secretary, U.S. Department of Defense

876 F.2d 152 · Court of Appeals for the D.C. Circuit · May 23, 1989

Thus, courts have required the Government to disclose any plea or immunity arrangement it has with a witness, and will generally grant a defendant's request for a cautionary instruction to the jury. … “One to whose conduct a statute clearly applies may not successfully challenge it for vagueness.” Parker v. Levy, 417 U.S. 733, 756 , 94 S.Ct. 2547, 2562 , 41 L.Ed.2d 439 (1974).

Deering Milliken, Inc. v. Federal Trade Commission

595 F.2d 685 · Court of Appeals for the D.C. Circuit · Nov 6, 1978

Copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in … By order dated July 30, 1976 Judge Flannery established procedures for his tandem consideration of the two programs.

Robert Burns, Appellant/cross-Appellee v. William Long, Administrator, District of Columbia Detention Center, Appellees/cross-Appellants

44 F.3d 1031 · Court of Appeals for the D.C. Circuit · Nov 29, 1994

The qualified immunity doctrine provides that "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Because the jury's findings affecting qualified immunity are supported by substantial evidence and Burns's claimed constitutional right and the defendants' corresponding constitutional duties were clearly established at the

Minority Employees at Nasa v. Beggs

723 F.2d 958 · Court of Appeals for the D.C. Circuit · Dec 20, 1983

Statistical and other comparative information is clearly “relevant to the claim” of an individual plaintiff in a Title VII case. … NASA did not dispute that appellant was qualified for a promotion, but offered two other reasons to explain its failure to promote her. NASA’s primary justification was that Ms.