Case law

United States v. Brennan

214 F.2d 268 · Court of Appeals for the D.C. Circuit · Jun 18, 1954

It is well established, however, that a meaning not conveyed by the literal language may be given in order to carry out the legislative intention, if the words used will bear such meaning, Johansen v. … To have adhered to the literal language would have led to a result thought clearly unintended by Congress.

Farr v. Valentine

38 App. D.C. 413 · Court of Appeals for the D.C. Circuit · Mar 4, 1912

It was held *419 that the Secretary of War, being the regularly constituted organ of the President for the administration of the military establishment of the United States, rules and regulations promulgated through him must … Had the Secretary himself written this letter to the plaintiff, and spread it upon the files of the Department as a justification for his action in dismissing the plaintiff, clearly personal motives could not have been imputed

Transamerica Leasing, Inc. v. La Republica De Venezuela and Fondo De Inversiones De Venezuela

200 F.3d 843 · Court of Appeals for the D.C. Circuit · Mar 8, 2000

In this interlocutory appeal, Venezuela and the FIV argue that they are immune from suit upon all counts under the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. § 1602 et seq., and that they are immune from suit … First, the sale of a portion of its fleet as part of a massive restructuring hardly qualifies as CAVN’s “day-to-day” business.

In Re Corrugated Container Antitrust Litigation-John W. Culy

662 F.2d 875 · Court of Appeals for the D.C. Circuit · Aug 28, 1981

Section 1407, which established special procedures allowing the transfer of pretrial proceedings in multidistrict litigation, contains two kinds of authority. … Indeed, the established policy of federal prosecutors precludes them from offering formal or informal immunity to a witness unless he possesses information which is self-incriminatory. 16 Three of the six questions, repeated

Board of County Commissioners v. Federal Housing Finance Agency

754 F.3d 1025 · Court of Appeals for the D.C. Circuit · Jun 13, 2014

Each statute clearly states that its corresponding entity “shall be exempt from all taxation [imposed] . . . by any State.” … The Transfer Tax, which is measured by the value of the property but triggered only at its transfer, is clearly an excise tax.

Malla Pollack v. James C. Duff

793 F.3d 34 · Court of Appeals for the D.C. Circuit · Jul 7, 2015

… [The Anti-Federalists of Virginia] fear, that a majority of the States may establish regulations of commerce which will give great advantage to the carrying trade of America, and be a means of … The AO points out that it receives applications from many qualified attorneys and it must limit the total number of applicants for certain positions so that it may focus upon those it is most interested in hiring.

Tapp v. Wash. Metro. Area Transit Auth.

306 F. Supp. 3d 383 · Court of Appeals for the D.C. Circuit · Sep 30, 2016

XI (establishing States's constitutional immunity from suit); see also Morris , 781 F.2d at 219 ("Congress has power to legislate for the District of Columbia and to create an instrumentality that is immune from suit."). … Wright & Miller, supra , § 1368 (explaining that "[i]f the affirmative defense clearly is established in the pleadings ... then a judgment on the pleadings may be appropriate[,]" but if "matter[s] outside the pleadings would

Kimberlin, Brett C. v. Quinlan, Michael J.

207 F.3d 667 · Court of Appeals for the D.C. Circuit · Apr 4, 2000

Because the record, viewed in the light most favorable to the appellee, does not establish a constitutional violation, the appellants are entitled to qualified immunity and we should therefore reverse the district court flat

Theodore L. Lombard v. United States of America

690 F.2d 215 · Court of Appeals for the D.C. Circuit · Sep 14, 1982

Feres and its Progeny It is well established that the 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 … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Climate United Fund v. Citibank, N.A.

Court of Appeals for the D.C. Circuit · Sep 2, 2025

If proven, these claims establish breach of contract. … The Court was unpersuaded that the government thus was likely to establish a sovereign immunity bar against the district court’s jurisdiction. Id. at 753.

James Clark v. D. Justin Taylor

627 F.2d 284 · Court of Appeals for the D.C. Circuit · Mar 5, 1980

However, if this was a duty of the judge, rather than the clerk, it is clearly judicial in nature and hence protected by judicial immunity. … Hence, appellant has failed to establish that there is any distinguishing factor to his case that would breach the expansive protection provided defendants by the doctrine of judicial immunity.

In Re Theodore B. OLSON

884 F.2d 1415 · Court of Appeals for the D.C. Circuit · Sep 8, 1989

We find for this period that the “but for” requirement is clearly satisfied. The Attorney General initially denied the request, except as to Robert M. … 994-995 (D.C.Cir.1989) (“We must strictly construe waivers of sovereign immunity.”); In re Jordan, 745 F.2d 1574, 1576 (D.C.Cir.1984) (“Waivers of sovereign immunity must be strictly construed.”).

Helmerich & Payne International Drilling Co. v. Petroleos De Venezuela, S.A.

Court of Appeals for the D.C. Circuit · Oct 3, 2025

The district court thus applied the correct legal standard, and PDVSA fails to show that its factual determinations were clearly erroneous. … PDVSA does not come close to establishing that the district court’s alter-ego determination is wrong, or the subsidiary findings that underlie it are clearly erroneous.

Johnson v. Bechtel Associates Professional Corp.

717 F.2d 574 · Court of Appeals for the D.C. Circuit · Aug 19, 1983

This interpretation clearly comports with the plain language of sections 904 and 905, as well as with the overall statutory scheme. … The language and scheme of the Act, as well as the relevant caselaw, clearly establish that a general contractor may not circumvent the intended operation of the Act by, in effect, choosing between either securing workmen

Midwest Division-MMC, LLC v. National Labor Relations Board

867 F.3d 1288 · Court of Appeals for the D.C. Circuit · Aug 18, 2017

A hospital’s risk-management personnel must refer any qualifying incidents to a *1294 peer-review committee established by the facility. Id. § 65-4923(a)(2). … But that is for the purpose of according them the “immunity of the state ..., including [immunity] from the federal and state antitrust laws.” Id.

Fields, Beverly v. Off Eddie Johnson

459 F.3d 1 · Court of Appeals for the D.C. Circuit · Aug 18, 2006

and qualified aides if they are called upon to produce evidence.”). … In short, by focusing on the duties of the complaining employee, Walker and Browning established a much broader immunity than necessary to protect legislative independence, and nothing in the Speech or Debate Clause or the

The Society of Plastics Industry, Inc. v. Interstate Commerce Commission and the United States of America, Forty Railroads, Intervenors

955 F.2d 722 · Court of Appeals for the D.C. Circuit · Feb 7, 1992

The Society asserted that because Conrail does not have rate bureau status, Conrail’s communications do not qualify for the exemptions contained in § 10706(a)(2)(A). … It is not clear that immunity would not otherwise exist, given § 10706’s grant of immunity to discussions between rail carriers “practicably participat[ing]” in a “particular interline movement”.

United States v. John M. Poindexter

951 F.2d 369 · Court of Appeals for the D.C. Circuit · Jul 8, 1992

Once a defendant demonstrates that he has previously testified under a grant of immunity about a matter relevant to the case against him, the prosecution has the burden of showing that its evidence is not tainted by establishing … More specifically, “corruptly influencing” a congressional inquiry does not at all clearly encompass lying to the Congress, which is, by way of contrast, clearly a violation of § 1001, the False Statements statute.

Kialegee Tribal Town v. Zinke

330 F. Supp. 3d 255 · Court of Appeals for the D.C. Circuit · Sep 7, 2018

The Court now turns to the issue of Federal Defendants' immunity from suit and whether Plaintiff has demonstrated a basis for waiving that immunity. B. … (3) a May 24, 2012 Memorandum regarding review by the National Indian Gaming Commission ("NIGC") of a proposed gaming facility in Broken Arrow, Oklahoma (the "proposed Site"), which concludes that the facility "does not qualify

Robert J. Toney v. Robert Bergland, Secretary of Agriculture, U. S. Department of Agriculture

645 F.2d 1063 · Court of Appeals for the D.C. Circuit · Mar 4, 1981

Here again it appears that Kyle clearly qualified. … Toney reads X-118 to establish an additional requirement, which he claims Kyle lacks.