Case law

Maryann Paisley v. Central Intelligence Agency

712 F.2d 686 · Court of Appeals for the D.C. Circuit · Jul 22, 1983

Those conditions of transfer clearly indicated a congressional intent to retain control of the documents. 37 . … In a case involving a Justice Department challenge to a subpoena issued by a House subcommittee, this court summarized existing precedent on the Speech or Debate Clause: What the cases establish is that the immunity from

Julius G. Getman v. National Labor Relations Board

450 F.2d 670 · Court of Appeals for the D.C. Circuit · Aug 31, 1971

Cross-motions for summary judgment were filed, and the District Court found on January 21, 1971 that the Board had failed to satisfy its burden of establishing that the requested information was exempted. … A request by less well qualified applicants, or applicants with a less carefully designed or more disruptive study would require a new balancing and might be found to involve a “clearly unwarranted invasion of personal privacy

Wally Kelberine v. Societe Internationale, Etc., Interhandel, Etc.

363 F.2d 989 · Court of Appeals for the D.C. Circuit · Jun 16, 1966

We think the institution and prosecution of a civil action in the court here clearly establishes the presence of the corporation here. … As presently framed, the problem is not within the established scope of judicial authority.

White v. States

38 App. D.C. 131 · Court of Appeals for the D.C. Circuit · Jan 2, 1912

In such a case tbe qualifying words “about,” or “more or less,” and tbe like, are used only for tbe purpose of guarding against accidental variations. … These ties did not constitute extra work within the meaning of paragraph 20 of the specifications, but, as previously pointed out, were clearly required to be furnished under paragraph 30 thereof.

United States v. Simon Dillon

738 F.3d 284 · Court of Appeals for the D.C. Circuit · Dec 24, 2013

The Supreme Court also did not establish the burden of proof to be applied to Sell determinations. … The District Court’s Remaining Findings Dillon also argues that the District Court’s findings are clearly erroneous. Br. of Appellant at 29-43.

Grace v. William Barr

965 F.3d 883 · Court of Appeals for the D.C. Circuit · Jul 17, 2020

Here, by contrast, the challenged statements are qualified by the words “general” and “generally.” … To qualify, an alien must be a “refugee.” Id. § 1158(b)(1)(A).

Manhattan Tankers, Inc. v. Dole

787 F.2d 667 · Court of Appeals for the D.C. Circuit · Apr 11, 1986

The Coast Guard has, moreover, exercised its rulemaking powers to establish more specific rules to govern the enrollment process. … Although the exact contours of the "zone of interests” test may be elusive, Manhattan Tankers’ claim clearly satisfies the test.

Department of Defense v. Federal Labor Relations Authority

659 F.2d 1140 · Court of Appeals for the D.C. Circuit · Jul 2, 1981

The statute clearly imposes no duty to bargain over proposals that would be “inconsistent with any Federal law or any Government-wide rule or regulation.” 5 U.S.C. § 7117 . … And, if they are not employed, management would be compelled in particular cases to choose either the most senior “qualified employee” or none at all.

United States v. Philip Morris Inc

347 F.3d 951 · Court of Appeals for the D.C. Circuit · Jan 7, 2003

For example, collateral order review is available to decide, inter alia, issues of federal court abstention, Quackenbush, 517 U.S. 706, Eleventh Amendment immunity, Puerto Rico Aqueduct, 506 U.S. 139, and qualified … immunity, Mitchell v.

Sheila Ilina Boland, Etc. v. J. Spencer Love

222 F.2d 27 · Court of Appeals for the D.C. Circuit · Apr 7, 1955

The privilege of receiving an operator’s license is granted to those who are qualified and is withheld from those who are not. Law v. Commonwealth, 1938, 171 Va. 449 , 199 S.E. 516, 519 . … Clearly, we must grant plaintiff the benefit of the principles to be deduced from the foregoing exposition as we consider the substantive issues of negligence and proximate cause.

United States v. Kelvin Harrington

947 F.2d 956 · Court of Appeals for the D.C. Circuit · Oct 25, 1991

Rather, Pharr’s drug rehabilitation attempt qualified as “[s]elf-improvement,” and thus was “not the type of conduct contemplated by the acceptance of responsibility provisions of the guidelines.” Id. … The disparate sentences that could result would in turn frustrate one of the prime objectives Congress had in view when it established the Commission and directed it to develop the guidelines.

Bristol-Meyers Company v. Federal Trade Commission

598 F.2d 18 · Court of Appeals for the D.C. Circuit · Oct 19, 1978

ANALYSIS The record establishes that the Commission voluntarily disclosed the overwhelming majority of the documents requested. … We do not suggest, of course, that the mere fact that an agency document was prepared by an attorney necessarily qualifies it as “work product.”

Blasket Renewable Investments LLC v. Kingdom of Spain

Court of Appeals for the D.C. Circuit · Aug 16, 2024

It moved to dismiss the petitions on the ground that it enjoys sovereign immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et. seq. … It reasoned that “Derimen’s claim against [Moldova] was not an investment within the meaning of the ECT because Derimen, a [British Virgin Islands] entity, was not a qualifying investor.” Id. at 878.

Irvin H. Mason v. Kenneth Belieu Appeal of Pan American World Airways, Inc

543 F.2d 215 · Court of Appeals for the D.C. Circuit · Apr 15, 1976

The district court dismissed the complaint against all defendants except Pan Am on the grounds of sovereign immunity and lack of personal jurisdiction. … City of Montgomery, 201 F.Supp. 590 (M.D.Ala.1962); and “bumping” 2 of passengers in a method contrary to established policies, Nader v.

American Telephone & Telegraph Co. v. Federal Communications Commission

539 F.2d 767 · Court of Appeals for the D.C. Circuit · Jul 6, 1976

carriers so long as the particular applicant is qualified and the proposed service is technically and economically sound. … See 513 F.2d at 1155 (“[t]he proposed service consists of communication of all types of signals, including data and other non-voice traffic”); id. at 1157 (“the Commission clearly rejected [appellant’s] legal premise that

Pescatore v. Pineda

345 F. Supp. 3d 68 · Court of Appeals for the D.C. Circuit · Nov 1, 2018

Again, Olivia and Frank Sr. clearly suffered until at least 2016. … In cases brought under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605A, many district courts have followed the solatium damages model established in Estate of Heiser v.

Dellums v. Powell

566 F.2d 216 · Court of Appeals for the D.C. Circuit · Nov 14, 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. … County of Alameda, 411 U.S. 693 , 93 S.Ct. 1785 , 36 L.Ed.2d 596 (1973), where the Court held that a municipality could not be held vicariously liable for Section 1983 damages even though state law quite clearly recognized

Charles Schraier v. Walter J. Hickel, Secretary of the Interior

419 F.2d 663 · Court of Appeals for the D.C. Circuit · Jul 22, 1969

If the river is navigable, the conclusion of the Department is clearly sound and need not be further discussed. … We do not consider how the case would stand if an applicant offered to establish and did establish that his application was deliberately processed so as to deny him the benefit of a determination made reasonably and seasonably

Hyatt v. U.S. Patent & Trademark Office

346 F. Supp. 3d 141 · Court of Appeals for the D.C. Circuit · Sep 28, 2018

Tax Analysts established two factors to determine whether a document requested under FOIA is an "agency record." 492 U.S. 136 , 144-45, 109 S.Ct. 2841 , 106 L.Ed.2d 112 (1989). … Khuu's alleged privacy interest, this Court does not find there to be a "clearly unwarranted invasion of personal privacy" here.

Am. Bankers Ass'n v. Nat'l Credit Union Admin.

306 F. Supp. 3d 44 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

The rule established three requirements for community credit union applications: (1) the proposed area must have clearly defined geographic boundaries; (2) the applicant must demonstrate that the proposed area falls within … First, the rule established that any Single Political Jurisdiction (or any contiguous portion of one) automatically qualified as a local community. Id. at 18,357 .