Case law

Shaull v. United States

161 F.2d 891 · Court of Appeals for the D.C. Circuit · May 19, 1947

Collins’ letter *895 to the Veterans’ Administration in November, 1939, clearly stated that the trust was to be for the three boys. … The trust having been clearly established and in the manner contended for by the guardian, summary judgment for the plaintiff was justified. *894 It is our view that the amendment manifests a legislative intent that § 19

Chapman, Secretary of the Interior v. El Paso Natural Gas Co.

204 F.2d 46 · Court of Appeals for the D.C. Circuit · Mar 26, 1953

On July 21, 1950, the Secretary through his qualified agent, issued a "Decision" setting forth his requirements for the granting of rights-of-way to El Paso. … The latter act remained the act of the sovereign and so immune from judicial direction.

Community Broadcasting Co. v. Federal Communications Commission

274 F.2d 753 · Court of Appeals for the D.C. Circuit · Feb 8, 1960

If upon examination of the pending application the Commission could find that Modern qualified un *764 der section 308(b) and that section 309 (a) requirements could be met, the Act says the Commission “shall grant such application … After the rule-making proceedings had gone forward nearly two years and had clearly established the need for the shift of Channel 9 to Baton Rouge, with the qualifications of Modern already established as it was a licensee

Federal Law Enforcement Officers Association v. Kiran Ahuja

62 F.4th 551 · Court of Appeals for the D.C. Circuit · Mar 14, 2023

The plaintiffs argued that their action could proceed in district court under the APA’s waiver of sovereign immunity. Id. … By the Association’s logic, every challenge to an agency rule would qualify as a “pre-enforcement” challenge to the extent that there are subject entities or individuals as to whom the rule has yet to be applied.

Otay Mesa Prop., L.P. v. U.S. Dep't of the Interior

344 F. Supp. 3d 355 · Court of Appeals for the D.C. Circuit · Sep 25, 2018

Jewell , 815 F.3d 544 (9th Cir. 2016) -which held that the FWS could designate an area that contains the PCEs for a species as critical habitat without establishing that the species currently uses that area, see id. at 555 … While the ordinary summary judgment standard is laid out in Federal Rule of Civil Procedure 56, "it is well established that, in cases involving review of a final agency action[,] ... the standard set forth in [ Rule 56 ]

Baez v. United States Department of Justice

684 F.2d 999 · Court of Appeals for the D.C. Circuit · Jul 30, 1982

We reject this argument. 38 It is true that at common law, as Blackstone observed, sovereign immunity barred taxation of costs either for or against the king. … In 1966 Congress enacted 28 U.S.C. § 2412 , extinguishing the general sovereign immunity to cost awards previously claimed by the Government.

Humane Soc'y of the United States v. Animal & Plant Health Inspection Serv.

386 F. Supp. 3d 34 · Court of Appeals for the D.C. Circuit · Jun 3, 2019

FOIA reflects "a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language." Dep't of Air Force v. … And information about business judgments and relationships does not qualify for redaction. See Sims v. CIA , 642 F.2d 562 , 575 (D.C. Cir. 1980).

E.G. v. Dep't of the Air Force

302 F. Supp. 3d 230 · Court of Appeals for the D.C. Circuit · Mar 22, 2018

The Court will first determine if the Board proceeding records are personnel or similar files which qualify for the exemption. … Circuit has laid out a clear test for determining the personal and public interests at stake, and for weighing the two: To establish that the release of information contained in government files would result in a clearly

Taxation With Representation of Washington v. Donald T. Regan, Secretary of the Treasury

676 F.2d 715 · Court of Appeals for the D.C. Circuit · Mar 26, 1982

genuine nexus between tax exemption and establishment of religion.” … This is too well established to require citation. We think these provisions clearly valid. Communist Party of the United States v.

United States v. Paul Guertin

67 F.4th 445 · Court of Appeals for the D.C. Circuit · May 16, 2023

We need not establish a standard of review with respect to the District Court’s denial of Guertin’s request for a Franks hearing because the result would be the same under either the clearly erroneous or de novo standard … [The Supreme Court] held that the scheme did not qualify as mail fraud.

Automotive Parts & Accessories Ass'n v. Boyd

407 F.2d 330 · Court of Appeals for the D.C. Circuit · Dec 27, 1968

Second, the record before us clearly shows that, under the administrative scheme thus established, Dr. … The record clearly indicates, however, that both the Council and Commission were consulted before the issuance of the Standard.

Citizens for Responsibility & Ethics in Washington v. United States Department of Justice

746 F.3d 1082 · Court of Appeals for the D.C. Circuit · Apr 1, 2014

In August 2010, DeLay made public 2 Similarly, Exemption 6 applies to “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. … documents contain information that “could be used as evidence    28 before a Federal Grand Jury” or “may be subpoenaed by a Federal Grand Jury” and therefore that “any such disclosure would clearly

United States v. Robert H. Campbell, United States of America v. Excavation Construction, Inc.

684 F.2d 141 · Court of Appeals for the D.C. Circuit · Aug 3, 1982

Jenkins was then given immunity from further prosecution other than for perjury, and was ordered to testify before the grand jury. … Acquittal does not have the effect of conclusively establishing the untruth of all the evidence introduced against the defendant.

Menoken v. Lipnic

300 F. Supp. 3d 175 · Court of Appeals for the D.C. Circuit · Mar 6, 2018

A nonmoving party, however, must establish more than "[t]he mere existence of a scintilla of evidence" in support of its position. Id. at 252 , 106 S.Ct. 2505 . … Menoken's Amended Complaint does not clearly specify the four Rehab Act claims described above, the Court will address each.

Delta Air Lines, Inc. v. Civil Aeronautics Board

674 F.2d 1 · Court of Appeals for the D.C. Circuit · Feb 26, 1982

The issue underlying this dispute, however, is how a community can qualify for the essential air transportation guarantee, and specifically, whether Montgomery qualified in the spring and summer of 1980. … The legislation establishes specific programs for increased competition.

United States v. McCoy

313 F.3d 561 · Court of Appeals for the D.C. Circuit · Dec 20, 2002

We conclude that the defendant’s ability to raise her contingent issue here depends upon whether she could establish “good cause,” within the meaning of Rule 32(b)(6)(D) of the Federal Rules of Criminal Procedure, for not … Rule 32(c)(l)’s language, quoted above, provides a broad opportunity to comment, and we think McCoy’s perjury-specific contention clearly qualified. It had the potential to affect her sentence.

Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., Intervenor

379 F.2d 453 · Court of Appeals for the D.C. Circuit · Apr 12, 1967

None of these salutary principles of judicial restraint requires the court to accept meekly “administrative pronouncements clearly at variance with established facts.” NLRB v. … We cannot ignore the fundamental contradiction between the Board’s assertion of fact and what the evidence clearly reveals.

Glass v. Ickes

117 F.2d 273 · Court of Appeals for the D.C. Circuit · Aug 26, 1940

It was clearly for the. *281 Secretary to decide, at least so long as the bar continued, whether an announcement should be made of the appellant’s incapacity and, if so, when. … The necessity of the rule is obvious, but its cloak of absolute immunity offers such far reaching opportunity for oppression, that it manifestly ought not to be extended beyond the impulse that gave it being.

Orange Park Florida T v. Inc. v. Federal Communications Commission, Clay Television, Inc., Intervenor

811 F.2d 664 · Court of Appeals for the D.C. Circuit · Feb 13, 1987

Under that requirement, to establish standing a litigant had to demonstrate that the defendant’s conduct infringed a legal right enjoyed by the litigant. … First, the Commission’s deprivation of Orange Park’s opportunity to reapply for channel 25 clearly constitutes a cognizable economic injury.

Robert W. Pemberton v. F. Ray Marshall, Secretary, Department of Labor, United States of America

639 F.2d 798 · Court of Appeals for the D.C. Circuit · Jan 14, 1981

The repair and maintenance of a ship is clearly a service to an existing commodity. … However, it is doubtful that even this activity would qualify under the Trade Act as the production of an article.