Case law

Bronner v. Duggan

364 F. Supp. 3d 9 · Court of Appeals for the D.C. Circuit · Feb 4, 2019

The Court considered the parties' supplemental briefing and held that it could not conclude, at the pleadings stage, that District of Columbia law immunized the Individual Defendants from money damages. … Plaintiffs assert that these requests for relief "clearly satisf[y] the $ 75,000 requirement." Pls.' Opp'n to Original Defs.' Mot. ("Pls.' Opp'n") at 37, ECF No. 114.

Ralph M. Hackley v. Richard L. Roudebush, Administrator of Veterans Affairs

520 F.2d 108 · Court of Appeals for the D.C. Circuit · Sep 29, 1975

Government defense of sovereign immunity or failure to exhaust administrative remedies with no certainty as to the steps required to exhaust such remedies. … Government defense of sovereign immunity or failure to exhaust administrative remedies with no certainty as to the steps required to exhaust such remedies.

United States v. Price, Clifton

409 F.3d 436 · Court of Appeals for the D.C. Circuit · Jun 3, 2005

disputed that conviction and the Government did not sustain its burden of proof in establishing the conviction. … In this case, Price clearly contested the factual accuracy of one of the two convictions.

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.”

Hazen v. National Rifle Ass'n of America

101 F.2d 432 · Court of Appeals for the D.C. Circuit · Dec 5, 1938

and rifle practice as part of the military drill of the National Guard in all the states; (7) to encourage marksmanship throughout the United States, particularly among civilians, both as a sport and for the purpose of qualifying … For all these reasons, therefore, the necessity for governmental subsidy or immunity which is implicit in tax exemption —upon the theory that the government is relieved of its burdens 16 — fails in the present case. *437

United States v. Lattimore

215 F.2d 847 · Court of Appeals for the D.C. Circuit · Jul 8, 1954

His alleged answer not only reflected an understanding of the term used by his questioner but indicated a specific and clearly defined understanding of it. … It may be true that the word “Communist” may be used with different shades, gradations or variations of meaning, but all such are within a clearly established generic meaning.

Shelby County, Alabama v. Loretta E. Lynch

799 F.3d 1173 · Court of Appeals for the D.C. Circuit · Sep 1, 2015

Owing largely to their enforcement provisions, see id., they “established] ... the federal government as the main protector of citizens’ rights,” granting “the national state the authority to intervene in local affairs to … Bitzer, the Court, elucidating Congress’s authority to enforce the substantive guarantees of the Fourteenth Amendment, recognized that the Amendment “quite clearly contemplates limitations on [the states’] authority.” 427

National Geographic Society v. District Unemployment Compensation Board

438 F.2d 154 · Court of Appeals for the D.C. Circuit · Dec 8, 1970

The District of Columbia Unemployment Compensation Act and regulations adopted pursuant to that Act establish the guidelines for determining whether these claimants are eligible for benefits and also establish the procedures … It therefore appears that her transportation cost per day would have been approximately ninety cents and this sum is not clearly unreasonable.

Veitch, D. Philip v. England, Gordon R.

471 F.3d 124 · Court of Appeals for the D.C. Circuit · Nov 28, 2006

As already noted, we assume, arguendo, that Veitch may raise a constructive discharge claim directly under the Constitution, but whether or not that is so, such a claim could not require less of a showing than would qualify … Presumably the waiver of sovereign immunity for such a direct action against the Navy — as opposed to the individual defendants — would come from the Administrative Procedure Act, 5 U.S.C. § 702 . .

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.

DC Hosp Assn v. DC

224 F.3d 776 · Court of Appeals for the D.C. Circuit · Jul 21, 2000

To qualify for federal funding, a State must have its own Medicaid plan approved by the Health Care Financing Administration ("HCFA") of the United States Department of Health and Human Services. … Although payments from MCOs to hospitals for the care of Medicaid patients are not made directly by the District, they are clearly made pursuant to, and under the authority of, the District's Medicaid plan.

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.”

Make The Road New York v. Chad F. Wolf

962 F.3d 612 · Court of Appeals for the D.C. Circuit · Jun 23, 2020

We hold that the Associations established jurisdiction for their APA claims. … Congress clearly placed designations within the class of discretionary enforcement policies not traditionally subject to judicial review. Cf. Kucana, 558 U.S. at 237.

Don Durns v. Bureau of Prisons, Eugene John Izzi v. United States Parole Commission, Robert A. Mineo v. United States Department of Justice, Eddie David Cox v. United States Department of Justice

804 F.2d 701 · Court of Appeals for the D.C. Circuit · Dec 23, 1986

No cases have arisen establishing any "qualified privilege" for presentence reports against disclosure requests from the subjects of those reports precisely because the only possible source for such a privilege, far from … The blanket privilege against disclosure in the case was "qualified" by a special showing of need.

George Washington University v. District Of Columbia

318 F.3d 203 · Court of Appeals for the D.C. Circuit · Mar 18, 2003

Zoning Bd. of Adjustment, 53 F.3d 592, 601 (3d Cir.1995), the Third Circuit held that an ownership interest in the land qualifies. … Bd. of Zoning Adjustment, 659 A.2d 249, 255 (D.C.1995). 14 Of course, some of these qualifying criteria are by no means self-defining.

L. B. Wilson, Inc. v. Federal Communications Commission, Coral Television Corporation, Intervenor

397 F.2d 717 · Court of Appeals for the D.C. Circuit · May 23, 1968

We have said that “What is required is merely an articulated statement of some fact or situation which would tend to show, if established at a hearing, that the grant of the license contravened public interest, convenience … Gardner and Clyne are clearly in privity and this 5% shareholding must be charged to Mr. Clyne for control purposes [Emphasis added]. .

Covad Communications Co. v. Bell Atlantic Corp.

398 F.3d 666 · Court of Appeals for the D.C. Circuit · Mar 1, 2005

Several allegations clearly concern Bell Atlantic’s failure to make various of its facilities and elements of its network available to Covad, as required by the 1996 Act. … Noerr-Pennington immunity, however, does not extend to “sham” litigation.

United States v. Ahn, Yong Ho

231 F.3d 26 · Court of Appeals for the D.C. Circuit · Nov 14, 2000

Therefore, the court concluded that Ahn had not demonstrat- ed that the reporters' qualified privilege should be overcome. … Griffin, "the District Court was clearly informed of the terms of the plea agreement and of what the government's recommenda- tion on penalty was to be." Griffin, 816 F.2d at 7.

Dolcin Corp. v. Federal Trade Commission

219 F.2d 742 · Court of Appeals for the D.C. Circuit · Apr 4, 1955

The record before us does not establish the claimed unfairness. … The evidence is clearly material.

Mcgregor Printing Corporation v. Ira Kemp

20 F.3d 1188 · Court of Appeals for the D.C. Circuit · Apr 19, 1994

The Committee is responsible for establishing and publishing in the Federal Register a list of commodities and services provided by "qualified nonprofit agencies" for the blind and other severely handicapped individuals which … sort of reasoning and this interpretation of the Act and the regulations. 44 Since we cannot rely upon appellate counsel's interpretation of the Act to uphold the Committee's decision, and because the reasons the Committee clearly