Case law

United States v. William J. Kilroy

27 F.3d 679 · Court of Appeals for the D.C. Circuit · Sep 16, 1994

The district court’s finding here as to the single grand jury witness, a finding to be reviewed under a clearly erroneous standard, establishes the lack of necessity for further inquiry. … “A finding is not ‘clearly erroneous’ unless the reviewing court is left with the definite and firm conviction that a mistake has been made — the finding either is not supported by or is clearly against the weight of the

Henry Oviedo v. WMATA

948 F.3d 386 · Court of Appeals for the D.C. Circuit · Jan 28, 2020

Florida Board of Regents, 528 U.S. 62 (2000), in which the Supreme Court held that the ADEA did not abrogate States’ Eleventh Amendment immunity, we have held that because WMATA enjoys the same immunity from suit as its State … signatories, WMATA is immune from ADEA liability.

Rosalie Simon v. Republic of Hungary

812 F.3d 127 · Court of Appeals for the D.C. Circuit · Jan 29, 2016

The parties agree that, for purposes of qualifying for sovereign immunity under the FSIA, the Republic of Hungary is a “foreign state,” and MÁV, a corporation wholly-owned by the Republic of Hungary, is an “agency or instrumentality … A tax lien on property qualifies as a property interest, the Court explained, and “a suit to establish the validity of a lien” thus “implicates rights in ... property.” Id. at 199 , 127 S.Ct. 2352 .

Goolsby v. Dist. of Columbia

354 F. Supp. 3d 69 · Court of Appeals for the D.C. Circuit · Jan 11, 2019

In an earlier decision considering only the constitutional claims, the Court held that the dispatchers and officers were entitled to qualified immunity and dismissed all but one of the claims. … In an earlier ruling, the Court dealt only with the federal-constitutional claims, finding all of them-except for a false arrest claim against the dispatchers-barred by qualified immunity.

Workagegnehu v. Wash. Metro. Area Transit Auth.

373 F. Supp. 3d 110 · Court of Appeals for the D.C. Circuit · Mar 11, 2019

The Burkhart Court did not address whether WMATA's internal policies qualify as a "statute, regulation, or policy" as required under the first step of the sovereign immunity test, and subsequent D.C. … See Robinson , 858 F.Supp.2d at 38 (holding that a bus operator who did not follow WMATA's safety rules did not qualify for sovereign immunity).

In Re Sealed Case

856 F.2d 268 · Court of Appeals for the D.C. Circuit · Sep 2, 1988

Attorney Work Product Immunity The SEC also asserted attorney work product immunity in the District Court to all eight deposition questions. … The SEC properly has asserted attorney work product immunity. However, the attorney work product doctrine, like the law enforcement investigatory privilege, is a qualified immunity.

Oviedo v. Wmata

299 F. Supp. 3d 50 · Court of Appeals for the D.C. Circuit · Mar 16, 2018

The Eleventh Amendment to the Constitution immunizes a State from suit in federal court, unless immunity is waived. 1 As an entity created by compact *57 enacted by Congress and signed by the Commonwealth of Virginia, the … Cir. 1986) ("WMATA's sovereign immunity exists because the signatories have successfully conferred their respective sovereign immunities upon it.").

National Federation of Federal Employees v. Caspar W. Weinberger, Secretary of Defense

818 F.2d 935 · Court of Appeals for the D.C. Circuit · May 22, 1987

The government suggests that such a damages remedy would be barred by the doctrine of qualified immunity as articulated in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … of qualified immunity renders the availability of a Bivens remedy in the instant case less than certain. 10 .

La Reunion Aerienne v. Socialist People's Libyan Arab Jamahiriya

533 F.3d 837 · Court of Appeals for the D.C. Circuit · Jul 25, 2008

subject-matter jurisdiction, argues Libya, for the district court to create subject- matter jurisdiction by “rely[ing] upon the state common law principles of subrogation and assignment, which are outside of the FSIA, is clearly … It is well established that the assignee or subrogee owns “the substantive right” of the claimant. United States v.

Masonry Masters, Inc. And Rigoberto Perdomo v. Alan C. Nelson and Janet Reno, Attorney General

105 F.3d 708 · Court of Appeals for the D.C. Circuit · Apr 25, 1997

Because the latter approach compensates for delay in payment, the functional equivalent of interest, and because the EAJA does not waive the govern- *710 merit's long-established immunity from awards of interest, we agree … Waivers of immunity from interest must be clearly stated in the language of the statute: “There can be no consent by implication or by use of ambiguous language_ The consent necessary to waive the traditional immunity must

Millen Industries, Inc. v. Coordination Council for North American Affairs

855 F.2d 879 · Court of Appeals for the D.C. Circuit · Aug 30, 1988

Plaintiffs were promised no special concessions or benefits not available to other qualified prospective investors.” … The CCNAA is an “instrumentality” established by Taiwan.

Mohammad Sami v. United States of America

617 F.2d 755 · Court of Appeals for the D.C. Circuit · Dec 28, 1979

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), that only a qualified immunity attaches to an individual government employee who commits a constitutional tort. … Wilson, 165 U.S.App.D.C. 22 , 506 F.2d 83 (D.C.Cir. 1974), bestowing only a qualified immunity on Justice Department officials who participated in planning the arrests of the Mayday demonstrators, is distinguishable since

Watkins v. Washington

366 F. Supp. 941 · Court of Appeals for the D.C. Circuit · Jun 8, 1973

administrative record filed herein that the allegations of racial discrimination in the Department of Licenses & Inspections were fully substantiated, and that the findings of the Hearing Committee and the E.E.O. officer were clearly … It is well within the long established equity power of this Court to award the parties reimbursement for attorney fees and costs of litigation. Sprague v.

Banneker Ventures, LLC v. Jim Graham

798 F.3d 1119 · Court of Appeals for the D.C. Circuit · Aug 18, 2015

We find that the district court committed three errors: The court failed to apply federal common law to Graham’s claim of immunity, it failed to place the burden on Graham to establish his entitlement to immunity, and it … The burden of establishing immunity must be borne by the official claiming it. Westfall, 484 U.S. at 299. 1.

Nichols ex rel. Johnston v. Pierce

740 F.2d 1249 · Court of Appeals for the D.C. Circuit · Aug 10, 1984

As a waiver of sovereign immunity, the Act’s terms must affirmatively establish liability, not merely fail to preclude it. 45 Any other reading would permit an abrogation of sovereign immunity without regard for the terms … Our judicial system relies on the advocacy of the parties to frame the dispositive issues clearly.

Eduardo Burkhart v. Washington Metropolitan Area Transit Authority

112 F.3d 1207 · Court of Appeals for the D.C. Circuit · May 16, 1997

It was, therefore, clearly a dispositive motion for purposes of Rule 108©. WMATA conceded at trial that its motion to dismiss was untimely. … Sovereign Immunity. Because WMATA waived its duplicity claim, we are forced to consider WMATA’s claim that it is immune from suits challenging its hiring, training, and supervision practices.

Oklahoma Aerotronics, Inc. v. United States of America, Oklahoma Aerotronics, Inc. v. United States of America

943 F.2d 1344 · Court of Appeals for the D.C. Circuit · Sep 13, 1991

In this case, the eight-year hiatus between the filing of the fee application and the decision plainly qualifies. D Two issues remain. … The government claims that sovereign immunity barred this part of the court’s award.

De Arnaud v. Ainsworth

24 App. D.C. 167 · Court of Appeals for the D.C. Circuit · Oct 11, 1904

It would seem to be clear, therefore, that the principle of absolute privilege is unquestionably established by the English authorities, as applicable to a case like the present;. and that principle is not less clearly and … fully established in this jurisdiction by the case of Spalding v.

PNC Financial Services Group, Inc. v. Commissioner of Internal Revenue Service

503 F.3d 119 · Court of Appeals for the D.C. Circuit · Aug 24, 2007

Only the Central Bank’s constitutional immunity from taxes stood in the way, and the third complexity in this case concerns how that immunity was overcome. … The question is whether those payments qualify as *125 indirect subsidies.

East Bay Municipal Utility District v. United States Department of Commerce

142 F.3d 479 · Court of Appeals for the D.C. Circuit · May 1, 1998

It is true that there is a potential ambiguity in § 9620(a)(l)’s qualifying clause, “in the same manner and to the same extent ... as any nongovernmental entity.” … An operating company, itself clearly responsible under CERCLA, sought to bring into the ring of CERCLA liability the firm that had supplied it with its key chemical input.