Case law

Time Warner Entertainment Co., L.P. v. Federal Communications Commission

93 F.3d 957 · Court of Appeals for the D.C. Circuit · Aug 30, 1996

NO . 92, supra, at 30-32, reprinted in 1992 U.S.C.C.A.N. at 1163-65. 38 Amendments enacted in 1992 authorized the FCC to establish a maximum price for leased access, to regulate terms and conditions, and to establish procedures … operators with immunity was a matter of grace that it has always been free to rescind."

CSX Transportation, Inc. v. Surface Transportation Board

568 F.3d 236 · Court of Appeals for the D.C. Circuit · Oct 23, 2009

Because they could have presented their arguments to the agency in the first  5 instance, ExxonMobil applied the well-established doctrine of issue waiver, which permits courts to decline to … This is clearly correct.

In Re American Federation of Government Employees, Afl-Cio

837 F.2d 503 · Court of Appeals for the D.C. Circuit · Jan 22, 1988

The request for a mandate requiring FLRA to decide all negotiability appeals within six (6) months of filing is not moot, 2 but such relief would clearly be inappropriate on the record before us. … Several factors lead us to conclude that FLRA has not met its burden of establishing mootness.

CSX Trans, Inc. v. Williams, Anthony A.

406 F.3d 667 · Court of Appeals for the D.C. Circuit · May 3, 2005

We review the district court’s weighing of the four factors under the abuse of discretion standard and its findings of fact under the clearly erroneous standard. Serono, 158 F.3d at 1318 . … CSXT claims it could not recover its costs from the District because the District enjoys eleventh amendment immunity from money damages liability. See Emerg. Mot. at 17.

Hard v. Splain

45 App. D.C. 1 · Court of Appeals for the D.C. Circuit · Apr 3, 1916

A new status or relation is established to which the offending parent becomes so much of a stranger that the parental relation no longer affords immunity from that which, but for that relation, would constitute a violation … The contract, like the statute, might place the custody of the child in the parent least qualified to properly care for it.

Thompson Hine, LLP v. Elicko Taieb

734 F.3d 1187 · Court of Appeals for the D.C. Circuit · Nov 12, 2013

“While such provisions are clearly not dispositive under Burger King, their presence can be indicative of the parties’ own perceptions of their degree of contact with a particular forum.” … In essence, they allow a contract with a non-resident to “automatically” qualify as a “minimum contact” without examining whether contacts arising either from the contract itself or from actual dealings between the parties

Leonard Davis v. Theodor Schuchat

510 F.2d 731 · Court of Appeals for the D.C. Circuit · Jan 22, 1975

The fear of a libel action subsequent to publication equally acts as a deterrent, however, and that deterrence clearly is permitted by New York Times. … In short, the private defamation plaintiff who establishes liability under a less demanding standard than that stated in New York Times may recover only such damages as are sufficient to compensate him for actual injury.

Barsky v. United States

167 F.2d 241 · Court of Appeals for the D.C. Circuit · Mar 18, 1948

The Congress is part of the government thus established for this purpose. … The right of a qualified citizen to vote as he pleases is certainly a fundamental right and is a basic concept in our system of government. Public voting subjected even the most hardy to pressure and also to violence.

Diamond Walnut Growers, Inc. v. National Labor Relations Board

80 F.3d 485 · Court of Appeals for the D.C. Circuit · Mar 29, 1996

, the employer having failed to establish a legitimate and substantial business justification for the job assignments it made. … And "unless the NLRB has clearly ... misperceived the facts, we will not second-guess its judgment." Randall v. NLRB, 687 F.2d 1240, 1245 (8th Cir.1982). 3.

Noxell Corp. v. Firehouse No. 1 Bar-B-Que Restaurant

771 F.2d 521 · Court of Appeals for the D.C. Circuit · Aug 23, 1985

In contrast to a plaintiff who establishes only a right to proceed further, defendant Firehouse has here achieved an enduring victory. … While the legislative history, thin as it is, supplies no clearly right answer to the question at hand, we do not find in its brief compass warrant for the severe constraint the dissent would impose.

In re Grand Jury Subpoena Miller

397 F.3d 964 · Court of Appeals for the D.C. Circuit · Feb 15, 2005

Echoing this broad view, we have also described Branzburg as “squarely reject[ing]” a claim to “general immunity, qualified or otherwise, from grand jury questioning.” … The qualified privilege I would recognize, however, rests on Rule 501, not the Constitution.

Walter L. Nixon, Jr. v. United States of America

938 F.2d 239 · Court of Appeals for the D.C. Circuit · Aug 5, 1991

Nixon relies upon the waiver of sovereign immunity found in the Administrative Procedure Act. … Nixon’s suit also qualifies as one “seeking relief other than money damages.”

Action on Safety and Health v. Federal Trade Commission

498 F.2d 757 · Court of Appeals for the D.C. Circuit · Apr 17, 1974

Consent negotiations are not a stage in adjudication but a means of establishing whether adjudication can be avoided altogether. … That case holds that a carrier’s First Amendment right to initiate a court action does not give rise to immunity from civil liability if the initiation of the law suit is itself a violation of antitrust law.

Baan Rao Thai Restaurant v. Michael Pompeo

985 F.3d 1020 · Court of Appeals for the D.C. Circuit · Jan 22, 2021

First, Article I, Clause 1 of the Treaty establishes a “qualified right of entry” for Thai and U.S. nationals to one another’s country, provided they meet certain requirements. … Whether Article I, Clause 1 establishes a “qualified right” is of no issue because the “free access” provision argument fails regardless.

In Re Bruce R. Lindsey (Grand Jury Testimony)

158 F.3d 1263 · Court of Appeals for the D.C. Circuit · Oct 9, 1998

The court also ruled the President’s personal attorney-client privilege and work product immunity inapplicable to Lindsey’s testimony. … See 18 U.S.C. § 3282 (establishing five-year statute of limitations for non-capital federal crimes).

Daniel Molerio v. Federal Bureau of Investigation

749 F.2d 815 · Court of Appeals for the D.C. Circuit · Nov 30, 1984

He alleged that he was qualified for the job of special agent, but was not chosen because of his Cuban or Hispanic national origin. … Virtually all of them were sought to establish the reason for his nonappointment.

United States v. Enyinna Onyewu

Court of Appeals for the D.C. Circuit · Aug 21, 2026

At no point was Agent Tahan ever qualified as an expert. … The record clearly belies Flumo’s assertions.

McFadden v. BALLARD SPAHR ANDREWS & INGERSOLL, LLP

611 F.3d 1 · Court of Appeals for the D.C. Circuit · Jun 29, 2010

See 42 U.S.C. § 12112(a) (prohibiting discrimination ―against a qualified individual‖); 42 U.S.C. § 12112(8) (defining ―qualified individual‖ as one ―who, with or without reasonable accommodation, can perform the essential … Under these circumstances Hahn clearly ―held, filled, or occupied‖ the receptionist position. McFadden‘s argument in the alternative that the receptionist position was ―soon to be vacant‖ is a non-starter.

Patterson v. Johnson

505 F.3d 1296 · Court of Appeals for the D.C. Circuit · Oct 30, 2007

Cir. 2006), so summary judgment as to those claims was clearly correct. … Winn believed that Patterson’s experience with procurement contracts made him uniquely qualified for the task.

Xingru Lin v. DC (REDACTED)

47 F.4th 828 · Court of Appeals for the D.C. Circuit · Sep 2, 2022

District of Columbia, 223 A.3d 884, 898 (D.C, 2020) (citation 7 On remand, the district court should first consider whether the officers are entitled to qualified immunity or any other relevant privilege from suit they … might assert, Because qualified immunity “is an immunity from suit rather than a mere defense to liability,” Mitchell v.