Case law

Barbosa v. U.S. Dep't of Homeland SEC.

916 F.3d 1068 · Court of Appeals for the D.C. Circuit · Mar 1, 2019

In 2000, Congress established the Federal Assistance to Individuals and Households Program. … Other conditions also describe the necessary state of the renter’s or owner’s residence in order to qualify for housing assistance: “primary residence has been destroyed, is uninhabitable, or is inaccessible.”

Truckers United for Safety v. Mead

329 F.3d 891 · Court of Appeals for the D.C. Circuit · Jun 3, 2003

The IG opposed the petition on the grounds that his actions were ‘‘substantially justified’’ and that TUFS’s lawyer did not qualify for a fee enhancement under EAJA. … We review an EAJA fee award for abuse of discretion and ‘‘will reverse the district court if its decision rests on clearly erroneous factual findings or if it leaves us with a definite and firm conviction that the court below

K.W. v. District. of Columbia

385 F. Supp. 3d 29 · Court of Appeals for the D.C. Circuit · May 7, 2019

K.W. qualifies as a child needing special education services and is entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq ; see id. § 1415(a) … State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof *39 to the deprivation of any rights, privileges, or immunities

Perry Capital LLC v. Steven Mnuchin (Reissued)

Court of Appeals for the D.C. Circuit · Jul 17, 2017

waived the agency’s immunity by consenting to suit. … Regardless of whether Congress had many options or very few, it chose a well-understood and clearly-defined statutory framework—one that drew upon the common law to clearly delineate the outer boundaries of the Agency’s

NB Ex Rel. Peacock v. District of Columbia

794 F.3d 31 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

The District has established a prior authorization requirement for certain drugs. … To have a protected property interest in a given benefit, “a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Naartex Consulting Corporation, Russell Huff v. James G. Watt, Secretary of Interior

722 F.2d 779 · Court of Appeals for the D.C. Circuit · Nov 29, 1983

The Huff assignment unquestionably violates this clearly articulated policy. … Furthermore, the facts alleged in the amended complaint do not establish diversity jurisdiction. To establish diversity jurisdiction, one must plead the citizenship of the corporate and individual parties.

Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakel

894 F.2d 1354 · Court of Appeals for the D.C. Circuit · Jan 19, 1990

It is true that not all provisions of a religious constitution are immune from civil court interpretation. In Jones v. … Nevertheless, the first amendment does not immunize the church from all temporal claims made against it. As we noted in Costello Publishing Co. v.

City of Roseville v. Norton, Gale A.

348 F.3d 1020 · Court of Appeals for the D.C. Circuit · Nov 14, 2003

AIRA’s purpose of re- establishing the Auburn Tribe as an economically viable entity would be served by considering the new reservation established under the Restoration Act a ‘‘restoration of lands’’ allowing it to operate … Because the Cities lack standing to invoke 25 U.S.C. § 476(f), which protects tribes against agency decisions that diminish the privileges and immunities available to one tribe relative to other federally recognized tribes

Turoff v. Burch

50 F.2d 986 · Court of Appeals for the D.C. Circuit · Jun 1, 1931

Of course, these cases distinguish clearly a case where the member of a family is driving the father’s car on an errand or in the transaction of business for the father. … The cases seem to be uniform in holding that the owner of a ear is not liable for accidents occurring while the ear is in possession of a “gratuitous bailee,” provided the person to whom the car is loaned is a competent, qualified

Avia Dynamics, Inc. v. Federal Aviation Administration

641 F.3d 515 · Court of Appeals for the D.C. Circuit · Apr 19, 2011

Here, by contrast, the FAA made the UPN publicly available on its website—for Avia and any other interested party to see—pursuant to its established procedure. … Indeed, we have long recognized a species of FAA action—a so-called “informal adjudication”—that qualifies as a reviewable “order” under section 46110(a).

American Family Association, Inc. v. Federal Communications Commission

365 F.3d 1156 · Court of Appeals for the D.C. Circuit · May 11, 2004

Similarly, because AFA centrally owns and controls its members, AFA affiliates will not likely qualify for the "established local entities" credit. … NPR and PBS affiliates, in contrast, are mostly locally controlled, and are thus more likely to receive points for being established local entities. 22 Even some public affiliates who are nondiverse will qualify for two additional

Barnes v. Kline

759 F.2d 21 · Court of Appeals for the D.C. Circuit · Aug 29, 1984

Clearly, then, Massachusetts v. Mellon did not establish that governmental officials and entities necessarily and always lack standing to raise claims of infringement of lawful functions. … The Court stated: The last sentence of [Article I, section 7, clause 2] clearly indicates two definite and controlling purposes: First.

Alan McConnell v. Howard University

818 F.2d 58 · Court of Appeals for the D.C. Circuit · May 5, 1987

Failure to transmit the full report to the Board would clearly be at odds with the procedures set forth in the Faculty Handbook. … George Washington University, 512 F.2d 556, 563 (D.C.Cir.), cert. denied, 423 U.S. 995 , 96 S.Ct. 422 , 46 L.Ed.2d 369 (1975), we held that universities enjoyed a qualified immunity from liability for defamatory statements

Hill, Robert E. v. Henderson, William J

195 F.3d 671 · Court of Appeals for the D.C. Circuit · Nov 12, 1999

It recognized that its decision would create a "jurisdictional hiatus," id., for it assumed that the orphaned claim dismissals would not qualify for review in the D.C. … Cir. 1992) (noting that absent exceptional circumstances a transfer order should not be reviewed by transferee circuit and "therefore may effec- tively become immune from appellate scrutiny"); TEC Floor Corp. v.

Harold Weisberg v. U.S. Department of Justice

489 F.2d 1195 · Court of Appeals for the D.C. Circuit · Oct 24, 1973

We deem it demonstrated beyond peradventure that the Department’s files: (1) were investigatory in nature; and (2) were compiled for law enforcement purposes. 7 When that much shall have been established, as is so clearly … In that very case, strikingly different treatment was prescribed even as to executive materials claimed to be immune from disclosure under Exemption 5. EPA v. Mink, 410 U.S. at 85 et seq., 93 S.Ct. 827 .

Hartford Accident & Indemnity Co. v. Cardillo

112 F.2d 11 · Court of Appeals for the D.C. Circuit · Mar 11, 1940

No worker is immune to these pressures and impacts upon temperament. They accumulate and explode over incidents trivial and important, personal and official. … Acceptance of this view is qualified in many cases by limiting it to situations in which the claimant is not the aggressor.

United States v. Ezra Griffith

867 F.3d 1265 · Court of Appeals for the D.C. Circuit · Aug 18, 2017

The warrant in this case established probable cause for the search. … When the Court relies on a case where an officer is found plainly incompetent—the standard for piercing his qualified immunity—how can the Court credibly claim it is not passing judgment on the officers relying on the warrant

James R. Blohm v. Walter N. Tobriner

350 F.2d 785 · Court of Appeals for the D.C. Circuit · Oct 7, 1965

it is the Police Department which initiates a proceeding to retire an officer against his will and for a disability which is alleged to be unrelated to his official service, the evidence of such lack of connection should clearly … When its own evidence in substance merely demonstates the difficulty of establishing the contrary, we cannot say that that burden has been met.

James P. Mitchell, Secretary of Labor v. Covington Mills, Inc., James P. Mitchell, Secretary of Labor v. Alabama Mills, Inc., National Association of Cotton Manufacturers v. Covington Mills, Inc., National Association of Cotton Manufacturers v. Alabama Mills, Inc., Textile Workers Union of America, CIO v. Covington Mills, Inc., Textile Workers Union of America, CIO v. Alabama Mills, Inc.

229 F.2d 506 · Court of Appeals for the D.C. Circuit · Mar 26, 1956

It may or may not be intended to qualify "the particular or similar industries". It can hardly be intended to qualify "similar work", for "work * * * currently operating in the locality" would be a strange expression. … To my mind the language of the statute clearly establishes the latter standard. This court so held in a case decided shortly after the passage of the Act. Lukens Steel Co. v. Perkins, 1939, 70 App.

Iyoha v. Architect of the Capitol

282 F. Supp. 3d 308 · Court of Appeals for the D.C. Circuit · Oct 25, 2017

Tseng as the most qualified candidate," Def.'s Reply at 2; see Def.' … Also, concerning the alternative inference that the plaintiff was qualified *335 for the job, again the plaintiff misses the mark, which is not whether he was qualified, but whether he was substantially more qualified than