Case law

In Re: Sealed Case

Court of Appeals for the D.C. Circuit · Sep 13, 1999

It is well established that "[t]he United States, as sovereign, is immune from suit save as it consents to be sued ..., and the terms of its consent to be sued in any court define that court's jurisdiction to entertain … And even a discussion of "strategy and direction of the investigation" could include references to not yet delivered but clearly anticipated testimony. See Lance, 610 F.2d at 216-17 and n.4.

Morris Davis v. James Billington

681 F.3d 377 · Court of Appeals for the D.C. Circuit · Jun 1, 2012

It is a well-established application of that doctrine that “a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning … immunity.

United States v. Bcci Holdings (Luxembourg), S.A., General Secretariat of the Organization of American States

73 F.3d 403 · Court of Appeals for the D.C. Circuit · Jan 19, 1996

In order to prevail under section 1963(Z) a petitioner must both assert a legal interest in forfeited property and establish that the interest “vested in the petitioner rather than the defendant or was superior to any right … OAS can neither assert nor establish a qualifying interest in the $10,-000 it deposited with BCCI because, as we recently held in United States v.

In Re Oliver L. North (Cave Fee Application)

57 F.3d 1117 · Court of Appeals for the D.C. Circuit · Jun 27, 1995

We concluded in Dutton that an individual who would otherwise qualify as a “subject” of an independent counsel investigation does not automatically lose that status (and his right to seek reimbursement of attorneys’ fees) … And, “once a defendant establishes that he has testified under a grant of immunity, ‘the prosecution [has] the affirmative duty to prove that the evidence it proposes to use is derived from a legitimate source wholly independent

TIG Insurance Company v. Republic of Argentina

110 F.4th 221 · Court of Appeals for the D.C. Circuit · Jul 30, 2024

Because of the FSIA’s dual immunities, parties seeking judicial enforcement of an award against a foreign state face two hurdles: They must “establish both that the foreign state is not immune from suit and that the property … TIG does not dispute that Caja was initially established in 1915 as an independent entity. See Appellant’s Brief 59.

Burrell v. Shepard

321 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jul 27, 2018

Shepard is entitled to qualified immunity. Defs.' Mem., ECF No. 12-1 at 25-26. … Courts approach qualified immunity claims through a two-step analysis: (1) whether the alleged facts show that the individual's conduct violated a statutory or constitutional right; and (2) whether that right was clearly

Puerto Rico Ports Authority v. Federal Maritime Commission

531 F.3d 868 · Court of Appeals for the D.C. Circuit · Jul 8, 2008

Clause entities established by two or more States by compact and approved by Congress; these are sometimes considered arms of them constituent States for sovereign immunity purposes, although the Supreme Court has recognized … III To determine whether PRPA qualifies as an arm of the Commonwealth under the sovereign immunity precedents, we now turn to the three relevant factors—the Commonwealth’s intent as to the status of PRPA, the Commonwealth

Bois v. Marsh

801 F.2d 462 · Court of Appeals for the D.C. Circuit · Sep 12, 1986

Second, and importantly, the doctrine of qualified immunity, as enunciated in Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), provides officials who have acted in objective good faith, which includes unconstitutional behavior that at the time was not clearly established as such,

Michele Hall v. District of Columbia

867 F.3d 138 · Court of Appeals for the D.C. Circuit · Aug 11, 2017

Qualified immunity shields officers from suit for false arrest when, “in light of clearly established law and the information the [arresting] officers possessed,” a reasonable officer could have believed the arrest was lawful … Because Officer Lee raised a defense of qualified immunity, we analyze the excessive force claim with an additional layer of protection for the officer, asking whether the violated right was clearly established.

National Coalition Against Misuse of Pesticides v. Thomas

828 F.2d 42 · Court of Appeals for the D.C. Circuit · Sep 15, 1987

Petitioners clearly have not attained this objective; the interim tolerance remains in effect as a result of EPA’s having reached a reasoned determination that such a tolerance was necessary to maintain an “adequate, wholesome … In fact, only last Term, the Court invoked this principle in holding that a party who obtained a favorable declaration of rights but lost his claim for damages because of defendants’ immunity was not a “prevailing party”

Margaret L. Hitchcock and Wilbur W. Hitchcock v. United States of America, Margaret L. Hitchcock and Wilbur W. Hitchcock v. United States

665 F.2d 354 · Court of Appeals for the D.C. Circuit · Sep 3, 1981

THE WITNESS: Well, Your Honor, may I qualify that? We use medical history in a very broad sense in medicine. If he refers to a complete history or a physical exam, by no means would this be feasible. … Because we cannot find clearly erroneous the district court’s decision that the Government acted negligently in this case, and that its negligence caused Mrs.

In re: Grand Jury Subpoena

912 F.3d 623 · Court of Appeals for the D.C. Circuit · Jan 8, 2019

Thus, establishing that an exception to immunity applies is one element of invoking subject-matter jurisdiction under section 1330(a). … In its opinion, the Court gave no hint at all that it intended to create a loophole where, in criminal cases clearly covered by an exception to immunity, a district court would nevertheless lack subject-matter jurisdiction

A & S Council Oil Company, Inc. v. Philip Lader, in His Official Capacity as Administrator of the United States Small Business Administration

56 F.3d 234 · Court of Appeals for the D.C. Circuit · Jun 9, 1995

The only other relief requested — a declaratory judgment as to the validity of an Interagency Agreement that expired 10 years ago — was clearly moot when plaintiffs first filed suit. … The causal connection establishes the requisite relationship.” 46 F.3d at 1553 . Further, the relief sought — reformation and additional compensation under the signed contract — “clearly ‘relate[d] to’ the contract.”

Galvan, Gilbert W. v. Fed Pris Indust Inc

199 F.3d 461 · Court of Appeals for the D.C. Circuit · Dec 21, 1999

Sovereign immunity questions clearly belong among the non-merits decisions that courts may address even where subject matter jurisdiction is uncertain. … established.

Agudas Chasidei Chabad of United States v. Federation

528 F.3d 934 · Court of Appeals for the D.C. Circuit · Jun 13, 2008

For purely factual matters under the FSIA, however, this is only a burden of production; the burden of persuasion rests with the foreign sovereign claiming immunity, which must establish the absence of the factual basis by … It is hard to imagine that we are qualified to make such judgments.

Northrop Corporation v. McDonnell Douglas Corporation

751 F.2d 395 · Court of Appeals for the D.C. Circuit · Dec 28, 1984

State’s present projection of the state secrets privilege is made by individuals not qualified to formally assert the state secrets privilege. … Clearly, this sampling procedure does not replace the requirements established in Reynolds for a formal claim of the state secrets privilege.

Price v. Socialist People's Libyan Arab Jamahiriya

294 F.3d 82 · Court of Appeals for the D.C. Circuit · Jun 28, 2002

We hold, first, that plaintiffs have failed to state a claim for hostage taking adequate to abrogate sovereign immunity and establish subject matter jurisdiction. … The FSIA thus begins with a presumption of foreign sover- eign immunity, 28 U.S.C. s 1604, qualified by a list of specific circumstances in which that immunity is unavailable.

Conference of Major Religious Superiors of Women, Inc. v. District of Columbia

348 F.2d 783 · Court of Appeals for the D.C. Circuit · Jun 4, 1965

Petitioner clearly “co *786 ordinates” information and programs for its 300 constituent religious communities in the matter of health, education, and community management. … both bona fide religious organizations or that their activities are not entirely devoted to those religious objectives at home and abroad, which almost universally, in state and nation, are considered sufficient to secure immunity

National Black Police Association v. Velde

631 F.2d 784 · Court of Appeals for the D.C. Circuit · Aug 1, 1980

Economou, 11 the Supreme Court held that as a general rule, federal officials obtain only a qualified immunity in suits raising constitutional violations. … OFFICIAL IMMUNITY 25 The majority holds that the four individual defendants in this case are entitled only to qualified, and not to absolute, immunity in resisting plaintiffs' claims for monetary damages.

Porzecanski v. Azar

316 F. Supp. 3d 11 · Court of Appeals for the D.C. Circuit · May 30, 2018

SCLS can be treated with intravenous immune globulin (IVIG). AR 33, 137. … The instructions clearly permit Medicare Part B to cover off-label uses of certain drugs, see Medicare Benefits Policy Manual, Chapter 15, § 50.4.2, and the instructions distinguish as separate requirements the definition