Case law

C. M. Clark Insurance Agency, Inc. v. David O. Maxwell, Safeguard Mutual Insurance Company v. David O. Maxwell

479 F.2d 1223 · Court of Appeals for the D.C. Circuit · May 30, 1973

Miller, 333 F.Supp. 822 (E.D.Pa.1971). 3 The Court of Appeals reversed and remanded for further proceedings. 472 F.2d 732 (3 Cir. 1973). 4 It is well established that judges are immune from liability for damages for official … This was clearly recognized in Barr v.

Ramona Matos Rodriguez v. Pan American Health Organization

29 F.4th 706 · Court of Appeals for the D.C. Circuit · Mar 29, 2022

Because the United States has not entered into a qualifying “separate 1 Under the commercial activity exception, the challenged action must be “based upon” commercial activity in the United States. 28 U.S.C … Accordingly, PAHO bears the burden of establishing that no statutory exception to immunity applies.

Superior Court Trial Lawyers Association v. Federal Trade Commission

856 F.2d 226 · Court of Appeals for the D.C. Circuit · Aug 26, 1988

Nor did their boycott fall within the antitrust immunity established in Noerr for concerted action to influence government decision-making. … Since the SCTLA boycott was clearly an effort to influence the legislative process, SCTLA asserts that it qualifies as “political activity” exempt from the Sherman Act.

Simon v. Republic of Iraq

529 F.3d 1187 · Court of Appeals for the D.C. Circuit · Jun 24, 2008

That is clearly wrong. … In the terrorism exception the Congress qualified the statutory grant of immunity to Iraq, itself a matter of “grace and comity.” Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S. 480, 486 (1983).

In Re Oliver L. North (Dutton Fee Application)

11 F.3d 1075 · Court of Appeals for the D.C. Circuit · Nov 30, 1993

The federal use immunity statute, 18 U.S.C. § 6002 , confers immunity only against the use of the testimony compelled under the immunizing order; “it does not confer transactional immunity under which the witness could not … While it would be possible to say that petitioner bears the burden of establishing reasonableness and that he has done so as to none of the billing, this seems to us unduly harsh.

El-Hadad, Mohamed v. United Arab Emirates

216 F.3d 29 · Court of Appeals for the D.C. Circuit · Jun 16, 2000

No. 94-1487, at 16 (1976).3 The words replaced by the ellipses in this quota- tion will soon become important, but for now it is enough to note that, as we concluded in Broadbent, the "report clearly marks employment … immune from suit in our courts.

Farag M. Mohammed Saltany, Muniem Mohamed Ibraheim Al-Mshirgi v. Ronald W. Reagan, President of U.S.

886 F.2d 438 · Court of Appeals for the D.C. Circuit · Sep 29, 1989

Under these holdings, the present appeal was clearly doomed. … On appeal, plaintiffs fail to identify any international agreement that “expressly conflicts” with the FSIA, and thus fail to establish any basis for jurisdiction in the courts of the United States.

United States v. District of Columbia

669 F.2d 738 · Court of Appeals for the D.C. Circuit · Nov 17, 1981

Current doctrine, however, establishes a rule of “legal incidence.” … The United States cites 28 U.S.C. § 1364 in support of its argument that D.C.Code § 11-1202 does not qualify as an “Act of Congress” within the meaning of the “except” clause of 28 U.S.C. § 1345 .

Trifax Corp. v. District of Columbia

314 F.3d 641 · Court of Appeals for the D.C. Circuit · Jan 14, 2003

as to D.C. officials sued in their individual capacities, citing qualified immunity doctrine. … We thus have no need to address Trifax's claim that the authors of the OIG report enjoy no qualified immunity from constitutional torts committed in their individual capacities.

Lam Lek Chong v. United States Drug Enforcement Administration

929 F.2d 729 · Court of Appeals for the D.C. Circuit · Apr 9, 1991

The District Court granted summary judgment for the DEA, holding that the product of Title III surveillance is immune from disclosure under Exemption 3 of the FOIA. See Lam v. DEA, Civ. … On its face, Title III clearly identifies intercepted communications as the subject of its disclosure limitations.

Pacific Coast European Conference and Its Member Lines v. The Federal Maritime Commission and United States of America

376 F.2d 785 · Court of Appeals for the D.C. Circuit · May 11, 1967

This immunity could be achieved by securing Commission approval of the agreement creating a conference. … But surely the possibility of abuse in the future does not establish present abuse; and the courts remain open for business.

Roeder v. Islamic Republic of Iran

333 F.3d 228 · Court of Appeals for the D.C. Circuit · Jul 1, 2003

The court still has an obli- gation to satisfy itself that plaintiffs have established a right to relief. 28 U.S.C. § 1608(e). … A nation’s armed forces are clearly on the governmental side. Id.

Michael E. Hubbard v. Environmental Protection Agency, Michael E. Hubbard v. Administrator, Environmental Protection Agency

949 F.2d 453 · Court of Appeals for the D.C. Circuit · Mar 2, 1992

EPA’s personnel division rated Hubbard’s application “highly qualified.” … Section 702 of the APA waives that immunity for all suits seeking specific relief and we think an equitable award of back pay clearly qualifies. The Supreme Court’s decision in Bowen v.

Marvin R. Broadbent v. Organization of American States

628 F.2d 27 · Court of Appeals for the D.C. Circuit · Jan 8, 1980

Act (FSIA) of 1976, 28 U.S.C. § 1330 (1979), 8 to establish jurisdiction. … The OAS counters that § 288a(b) confers immunity, not jurisdiction, and that § 1330 establishes jurisdiction over suits against foreign states, not international organizations.

Sloan v. Department of Housing & Urban Development

231 F.3d 10 · Court of Appeals for the D.C. Circuit · Nov 14, 2000

These tests clearly indicated that there were no hazardous levels of lead present at Burns Heights, but Chandler was not qualified to interpret or evaluate the test results. … In Butz, the Court held that, in general, federal executive officials charged with constitutional violations were entitled only to qualified immunity. See Butz, 438 U.S. at 507.

United States v. Henry G. Cisneros

169 F.3d 763 · Court of Appeals for the D.C. Circuit · May 12, 1999

The order before us is therefore far from the sort of “fully consummated decision” qualifying as a collateral order. Abney, 431 U.S. at 659 , 97 S.Ct. 2034 . … Most separation-of-powers claims are clearly not in that category. See, e.g., Mistretta v. United States, 488 U.S. 361 , 109 S.Ct. 647 , 102 L.Ed.2d 714 (1989). A few may be.

Riggs National Corp. & Subsidiaries v. Commissioner

163 F.3d 1363 · Court of Appeals for the D.C. Circuit · Jan 12, 1999

tax credit was establishing that there was indeed a Brazilian tax for which they would be liable. … tax- immune entity in a net loan transaction.

Robert Robbins v. Ronald Reagan Robert Robbins v. Ronald Reagan

780 F.2d 37 · Court of Appeals for the D.C. Circuit · Dec 10, 1985

Professor Davis has explained that: All administrative discretionary action can theoretically be lined up on a scald from discretion that courts are clearly unqualified to review to discretion they are clearly qualified to … Rescissions of prior obligations clearly fall into the “focused action” category.

World Wide Minerals, Ltd. v. Republic of Kazakhstan

296 F.3d 1154 · Court of Appeals for the D.C. Circuit · Aug 2, 2002

A foreign sovereign will not be found to have waived its immunity unless. it has clearly and unambiguously done so. See Aquamar S.A. v. … (internal quotation marks omitted)); see also Maritime Int’l Nominees Establishment v.

Maryland Department of Human Resources v. Department of Health and Human Services

763 F.2d 1441 · Court of Appeals for the D.C. Circuit · Jun 7, 1985

. *1446 Our explanation requires us to establish two propositions. … In Mitchell, the Court held that the statute and regulations at issue in that case mandated compensation for damages by the federal government because they “clearly establish fiduciary obligations of the Government in the