Case law

American Jewish Congress v. Juanita M. Kreps, Secretary of Commerce

574 F.2d 624 · Court of Appeals for the D.C. Circuit · Apr 27, 1978

distinction between the “public interest” and the “national interest,” but such a difference would not warrant dissimilar treatment under the Freedom of Information Act. 64 *632 We hold, then, that Section 7(c) does not immunize … We said: We think that this statute is a clear and strongly worded prohibition against disclosure which would qualify under Exemption 3. It is a flat barrier to disclosure with no exercise of discretion permitted.

Nat'l Assoc. for the Advancement of Multijurisdiction Practice v. Beryl A Howell

Court of Appeals for the D.C. Circuit · Mar 14, 2017

For the same reason, any claim of heightened scrutiny under the Privileges and Immunities Clause also fails. Cf. Barnard v. … Thorstenn, 489 U.S. 546 (1989) (invalidating a rule requiring Virgin Islands bar applicants to establish year-long residence and intent to remain in the Virgin Islands under the Privileges and Immunities Clause).

United States v. Leo J. Tavolacci

895 F.2d 1423 · Court of Appeals for the D.C. Circuit · Jan 9, 1990

We find it as a whole within the bounds established by Terry . The Search After Tavolacci offered him his stash, agent Cook directed him to accompany him to his office. … We have held that a search qualifies as incident to an arrest so long as it is an “integral part” of the arrest. See United States v.

National Savings & Trust Co. v. Ryan

262 F. 613 · Court of Appeals for the D.C. Circuit · Dec 1, 1919

It is further urged that the evidence establishes that the appellees expressly assented to the vesting of the title in the cestuis que trustent. The assent claimed has- not been established. … It certainly did not establish the assent so clearly as to require the court to rule as a matter of law that the assent was given.

Agri Processor Co. v. National Labor Relations Board

514 F.3d 1 · Court of Appeals for the D.C. Circuit · Jan 4, 2008

The company argues that undocumented aliens are prohibited from unionizing because they do not qualify as “employees” protected by the National Labor Relations Act. … Erwin to limit federal employees’ immunity from suit even though Congress later passed the Westfall Act to ensure such immunity. Compare Westfall, 484 U.S. 292, 300 (1988), with Pub. L.

Chantal Attias v. CareFirst, Inc.

865 F.3d 620 · Court of Appeals for the D.C. Circuit · Aug 1, 2017

With so many links in the causal chain, the injury the plaintiffs feared was too speculative to qualify as “injury in fact.” In Susan B. Anthony List v. … But they can satisfy the redressability requirement, when combined with a risk of future harm that is substantial enough to qualify as an injury in fact.

Paralyzed Veterans of America v. Civil Aeronautics Board

752 F.2d 694 · Court of Appeals for the D.C. Circuit · Jan 18, 1985

Here that purpose is clearly to eliminate discrimination in programs or activities benefitting from federal financial assistance. … The Definition of “Qualified Handicapped Person” Under the CAB’s final regulations, only a “qualified handicapped person” is protected by section 504. 179 The statute itself uses the term “otherwise qualified handicapped

International Longshoremen's Ass'n v. National Labor Relations Board

613 F.2d 890 · Court of Appeals for the D.C. Circuit · Sep 25, 1979

of the qualified consignee; (b) title to such goods has not been transferred from the qualified consignee to another. … (e) Policing Agency — Each CONASA Port shall establish a method of policing and enforcing these Rules on a uniform and non-discriminatory basis.

Timothy Jeffries v. William Barr

965 F.3d 843 · Court of Appeals for the D.C. Circuit · Jul 14, 2020

A plaintiff attacking a qualifications-based explanation may establish pretext by either (1) presenting evidence showing “a reasonable employer would have found the plaintiff significantly better qualified for the job but … Again, temporal proximity alone is insufficient to establish pretext.

United States v. Watson, Dwight W.

483 F.3d 828 · Court of Appeals for the D.C. Circuit · Apr 13, 2007

Strauder involved a state statute qualifying only white people for jury duty and thus contravened one of the central purposes of the Fourteenth Amendment: “exemption from unfriendly legislation against [African Americans] … A member of a class entitled to heightened  6 scrutiny therefore receives protection under the rule established in Batson.

Thompson v. Washington

497 F.2d 626 · Court of Appeals for the D.C. Circuit · Dec 20, 1973

Finding no merit in the Government's claim of sovereign immunity, 25 we proceed to examine the specific claims raised in this litigation. II. … Kelly, the Court noted that welfare benefits are a matter of 'statutory entitlement for persons qualified to receive them.' 397 U.S. 254, 262 , 90 S.Ct. 1011, 1017 , 25 L.Ed.2d 287 (1970).

James Owens v. BNP Paribas, S.A.

897 F.3d 266 · Court of Appeals for the D.C. Circuit · Jul 27, 2018

They previously sued Sudan under the Foreign Sovereign Immunities Act, alleging that Sudan offered material support to al Qaeda’s bombing of the embassies, and in 2011 received default judgments against the country. … Moreover, other provisions in the ATA, such as § 2339A or § 2339B, clearly create criminal liability for conduct that strongly resembles aiding and abetting. See Boim III, 549 F.3d at 691-92.

Shook v. District of Columbia Financial Responsibility & Management Assistance Authority

132 F.3d 775 · Court of Appeals for the D.C. Circuit · Jan 6, 1998

In response, it established what is popularly known as the Control Board. … It does not say that an order issued by the Control Board is immune from judicial review, but rather that the decision to issue such an- order is not reviewable.

Fogg v. Gonzales

492 F.3d 447 · Court of Appeals for the D.C. Circuit · Jun 29, 2007

In reviewing a decision regarding equitable relief from a violation of Title VII, we “consider[ ] whether the [district [cjourt was clearly erroneous in its factual findings and whether it abused its traditional discretion … way of establishing liability.

Rockwell International Corp. v. U.S. Department of Justice

235 F.3d 598 · Court of Appeals for the D.C. Circuit · Jan 5, 2001

Known as the "Wolpe Report," it criticized the plea agreement for immunizing Rockwell employees from future prosecution, for the amount of the fine paid by Rockwell, and for the "global nature" of the settlement--the fact … Sears provides general principles for determining whether an agency document qualifies as a final opinion.

Sims v. Georgetown College

1 App. D.C. 72 · Court of Appeals for the D.C. Circuit · Sep 5, 1893

operative at this day as when the rule was first established. … The rule in Shelley’s case has not met with favor in some of the States of our Union, and it has been, in those States, *80 either qualified or entirely abrogated by legislative enactment.

John Doe v. Caspar Weinberger, Secretary, Department of Defense

820 F.2d 1275 · Court of Appeals for the D.C. Circuit · Jun 9, 1987

It has established an administrative rule mandating that revocation of SCI clearance automatically results in dismissal. … The remaining claims raised by appellant in this case, including his constitutional claims, may also be subject to the argument that they are immune from judicial review by either § 7532 or 50 U.S.C. § 835 . Cf.

Barnette, Margaret v. Chertoff, Michael

453 F.3d 513 · Court of Appeals for the D.C. Circuit · Jul 7, 2006

Under McDonnell Douglas, Barnette bears the initial burden of establishing a prima facie case, meaning she must prove by a preponderance of the evidence “that (1) she is a member of a protected class; (2) she suffered an … Moreover, viewing the evidence in the light most favorable to Barnette, we see nothing in the record clearly indicating that Customs actually had such a preference.

Stovic v. Railroad Retirement Board

826 F.3d 500 · Court of Appeals for the D.C. Circuit · Jun 24, 2016

That presumption applies with special force in this case given that the term “final decision” is qualified differently within the same subsection  6 of Section 5. … The Court reasoned that Section 205(g) “clearly limits judicial review to a particular type of agency action, a ‘final decision of the Secretary made after a hearing.’” Id. at 108.

Neighborhood Tv Company, Inc. v. Federal Communications Commission and United States of America, Microband Corporation of America, Sin, Inc., Spanish International Communications Corporation, National Association of Public Television Stations, International Broadcasting Network, Intervenors. Los Angeles County Sheriff's Department v. Federal Communications Commission and United States of America, International Broadcasting Network, Intervenor

742 F.2d 629 · Court of Appeals for the D.C. Circuit · Aug 17, 1984

While we do not doubt that the interim procedures helped frustrate Neighborhood's plans to establish its television network, Neighborhood was not substantially denied any opportunity to compete for a license with other qualified … Clearly, such an attack could not prevail. The FCC instituted the tiered system in response to the deluge of low power television and translator applications it received.