Case law

Robert H. Triplett v. District of Columbia

108 F.3d 1450 · Court of Appeals for the D.C. Circuit · Mar 21, 1997

Whether the officers’ use of force was excessive is a factual one, to be overturned only if clearly erroneous. … If an employee’s authority to exercise discretion constituted him a “policymaker” for Monell purposes, then perhaps the nameless “supervisors” alluded to by Gunn, or even Lieutenant King, might qualify.

Cook v. Food & Drug Administration

733 F.3d 1 · Court of Appeals for the D.C. Circuit · Jul 23, 2013

The Supreme Court held “an agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).” Id. at 832. … an establishment not so registered.”

Solomon v. Vilsack

628 F.3d 555 · Court of Appeals for the D.C. Circuit · Dec 21, 2010

Cir. 2001) (noting that Congress’s waiver of sovereign immunity in 42 U.S.C. § 2000e-16 for claims under Title VII includes claims of retaliation). … Cir. 2008) (“To prove retaliation, the plaintiff generally must establish that he or she suffered (i) a materially adverse action (ii) because he or she had brought or threatened to bring a discrimination claim.”).

Walker v. Pharmaceutical Research & Manufacturers of America

256 F.R.D. 234 · Court of Appeals for the D.C. Circuit · Mar 10, 2009

Finally, the court granted the defendants’ motion to dismiss the plaintiffs § 510 claim for failing to establish a prima facie ease. Id. at 219. … Although the court has stated on several occasions that the plaintiffs amended complaint is difficult to parse, the court cannot avoid its plain language which clearly alleges that she is “entitled to ... statutory ... relief

Michael A. Lebron v. Washington Metropolitan Area Transit Authority

749 F.2d 893 · Court of Appeals for the D.C. Circuit · Dec 14, 1984

WMATA was established through a con-gressionally approved interstate compact to improve public transportation in the Washington, D.C. metropolitan area. … Lebron’s counsel that “a broader representative group” had determined that the poster “so clearly violate[s] the guidelines ... that the request must be turned down.” Letter from John E.

Howard S. Abramson v. Federal Bureau of Investigation

658 F.2d 806 · Court of Appeals for the D.C. Circuit · Oct 24, 1980

The defendants contend that the White House “name check” requests qualify as records compiled for law enforcement purposes because the White House has special security and appointment functions. … recompiled in a new document for a new purpose, the new document must qualify independently for any exemptions from disclosure under the FOIA.

United States v. Lawrence Kearney

420 F.2d 170 · Court of Appeals for the D.C. Circuit · Sep 11, 1969

interest of justice ( 28 U.S.C. § 2106 ), which of course includes the power to remand to a court or agency for the taking of additional evidence, also includes the power to consider on the merits a submission by a party which clearly … We do not rely solely on this exception to the hearsay rule and consequently need not consider whether these facts qualify as a dying declaration under Shepard .

Murray v. Weinberger

741 F.2d 1423 · Court of Appeals for the D.C. Circuit · Aug 24, 1984

The court established the hourly rate for each of plaintiff’s attorneys by reference to the prevailing community rates for Title VII litigators of similar experience at that time; the hourly rates were from $55 per hour in … that particular circumstances warranted the increase in the fee award in that case. 27 Similarly, this court has insisted that the district court conscientiously exercise its discretion to adjust the lodestar and that it clearly

In Re Edwin Meese III

907 F.2d 1192 · Court of Appeals for the D.C. Circuit · Jul 12, 1990

The right to recover attorneys’ fees in such cases against the Government is based on a waiver of the sovereign immunity of the United States and that standard must be strictly construed against the application and in favor … In support of these rates, the application includes a supporting affidavit dated February 1, 1989 of a qualified attorney stating that the rates are reasonable and consistent with the rates usually charged by attorneys of

Taylor v. United States

7 App. D.C. 27 · Court of Appeals for the D.C. Circuit · Jun 19, 1895

Insanity has often been simulated as a pretext for immunity from punishment; and the vagaries of speech are the most easy resort for those who are disposed to have recourse to such simulation. … It is claimed for the defence that it is well established by science that an epileptic may be sane up to within a moment of committing a homicide and sane a moment afterwards and totally unconscious of what he did during

Lloyd Barenblatt v. United States

240 F.2d 875 · Court of Appeals for the D.C. Circuit · Jan 3, 1957

The very resolution establishing the committee indicates that the subject under inquiry was one concerning which Congress could legislate. … as appellant points out, that Congress has broader powers to enact legislation in the field of labor than it does in the field of education, it is not true that persons who incidentally happen to be teachers have greater immunity

Gulf Coast Maritime Supply, Inc. v. United States

867 F.3d 123 · Court of Appeals for the D.C. Circuit · Aug 11, 2017

Gulf Coast claims a letter from TTB establishes that its permit was revoked. … Had the Company then appealed the new permit denial, § 204(h) would have stayed TTB’s .decision—preserving Gulf Coast’s old permit, and thus continuing to immunize it from penalties.

United States v. Six Hundred Thirty-Nine Thousand Five Hundred and Fifty-Eight Dollars ($639,558) in United States Currency

955 F.2d 712 · Court of Appeals for the D.C. Circuit · Feb 7, 1992

A factual finding will be reversed only if it is clearly erroneous. United States v. Williams, 951 F.2d 1287, 1289 (D.C.Cir.1991). Here there is ample support. … illegally arrested is immunized from prosecution.

Byron Ashley Parker v. Department of Justice

934 F.2d 375 · Court of Appeals for the D.C. Circuit · Jun 4, 1991

Moreover, we have stated clearly and unequivocally that once an agency establishes that it received the requested information in confidence, “the source will be deemed a confidential one, and both the identity of the source … and the information he or she provided will be immune from FOIA disclosure.”

Bertell Ollman v. Rowland Evans, Robert Novak

713 F.2d 838 · Court of Appeals for the D.C. Circuit · Oct 6, 1983

The hybrid is, of course, always entitled to at least the qualified privilege the First Amendment accords factual statements. See note 62 supra and text accompanying note 82 infra. … In theory at least, the truth or falsity of this representation could be established empirically by polling each member of the group and tabulating the results.

Williams Enterprises, Inc., and Strait Manufacturing and Welding, Inc. v. The Sherman R. Smoot Company

938 F.2d 230 · Court of Appeals for the D.C. Circuit · Oct 8, 1991

Second, Williams argues that the broker, even if qualified as an expert, was not qualified to testify about what factors the insurance carrier considered in deciding to raise Smoot’s premiums. … Here, we are clearly confronted with that situation: the collapse occurred suddenly and unpredictably, giving Smoot no opportunity to mitigate its loss.

Cross-Sound Ferry Services, Inc. v. Interstate Commerce Commission and United States of America, and Viking Starship, Inc., Intervenor

934 F.2d 327 · Court of Appeals for the D.C. Circuit · May 10, 1991

W-1377, views distance as a relevant but not dispos-itive factor in determining whether a particular service qualifies as a “ferry.” … Given the woolliness of the concept, it is hardly surprising that there exists a significant gray area between grounds of decision that clearly are jurisdictional and grounds that clearly are not.

Aloha Airlines, Inc. v. Civil Aeronautics Board

598 F.2d 250 · Court of Appeals for the D.C. Circuit · Mar 30, 1979

Thus the record establishes the following facts: 1. During the two years the 1971 fly-drive program was in effect, Aloha paid Budget over $1,350,000. … The ALJ found the arrangement discriminatory because As between fare-qualified passengers who used the fly-drive package, on the one hand, and fare-qualified passengers who elected not to use the package or passengers not

USPS v. PRC

Court of Appeals for the D.C. Circuit · May 12, 2015

The parties did not dispute that these noticed price increases, by themselves, fell within the inflation-based price cap established by statute. … for the same rates they currently qualify for.”

Chamber of Commerce of the United States v. United States Department of Labor

174 F.3d 206 · Court of Appeals for the D.C. Circuit · Apr 9, 1999

The Directive is clearly not, for example, “a purely administrative effort designed to uncover violations of the Act.” … That a rule is directed toward a particular danger, rather than danger in general, may be relevant to whether it qualifies as a standard; it is not, however, dispositive.