Case law

Auster v. Ghana Airways Ltd.

514 F.3d 44 · Court of Appeals for the D.C. Circuit · Feb 1, 2008

Second, plaintiffs argue that Article 17 of the Convention, which establishes a carrier’s liability for “the death or wounding of a passenger,” abrogates the defendants’ sovereign immunity because 28 U.S.C. … Cir. 2002) (“A foreign sovereign will not be found to have waived its immunity unless it has clearly and unambiguously done so.”).

Agudas Chasidei Chabad of United States v. Russian Federation

110 F.4th 242 · Court of Appeals for the D.C. Circuit · Aug 6, 2024

The FSIA establishes that “a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States” unless an exception to immunity applies. 28 U.S.C. § 1604. … So we see little reason to deny Tenex-USA the benefit of FSIA law that was clearly established in our circuit by the time Tenex-USA first became involved in the case.

Glen Falls Indemnity Co. v. Golden

148 F. Supp. 41 · Court of Appeals for the D.C. Circuit · Jan 22, 1957

Ed. 622 , where the learned Justice stated: “It is a clearly established principle in that jurisprudence, that whenever the trustee has been guilty of a breach of the trust, and has transferred the property, by sale or otherwise … The Court is not convinced that this contention has been established by a preponderance of the evidence.

Z Street v. John Koskinen

791 F.3d 24 · Court of Appeals for the D.C. Circuit · Jun 19, 2015

Cir. 2011) (en banc), taxpayers challenged a special procedure the IRS had established for refunding an unlawfully collected tax. … The district court lucidly explained why sovereign immunity presents no bar to Z Street’s suit: section 702 of the  14 Administrative Procedure Act “waives sovereign immunity with respect to

Acree, Clifford v. Repub Iraq

370 F.3d 41 · Court of Appeals for the D.C. Circuit · Jun 4, 2004

The United States possesses weighty foreign policy interests that are clearly threatened by the entry of judgment for appellees in this case. … (“Qualifying circumstances include ... an intervening change in the law.... ”).

David De Csepel v. Republic of Hungary

859 F.3d 1094 · Court of Appeals for the D.C. Circuit · Jun 20, 2017

Both jurisdictional decisions rested on the italicized portion of § 1605(a)(3) that the plaintiffs in this case clearly satisfied. See Maj. Op. 1105. … The Chabad decision is clearly precedential, whether or not the opinion responded to every conceivable misreading of the statute.

James Brown, Appellee/cross-Appellant v. Secretary of the Army, Appellant/cross-Appellee

78 F.3d 645 · Court of Appeals for the D.C. Circuit · Mar 12, 1996

A waiver of sovereign immunity must be strictly construed; it may not be applied retroactively unless the Congress clearly so intended. … What is more, the rule is clearly understood to be the background against which the Congress acts when it waives sovereign immunity: we must presume that a Congress that intends to waive sovereign immunity is aware of the

Domestic & Foreign Commerce Corp. v. Littlejohn

165 F.2d 235 · Court of Appeals for the D.C. Circuit · Dec 8, 1947

The allegation should have been treated as admitted and therefore the motion to dismiss could be properly granted only if it were clearly apparent to the court that the plaintiff (appellant here) would not be entitled to … However, since legal irresponsibility of the Federal Government is derived only by implication from the Constitution, the doctrine has received judicial delimitation which is well established. United States v.

United States v. Irie E. Leonard, United States of America v. James L. Sarvis

494 F.2d 955 · Court of Appeals for the D.C. Circuit · Jan 31, 1974

IMMUNITY. … Other testimony established that Sarvis and Leonard “were in the apartment at the time.”

In Re Sealed Case

107 F.3d 46 · Court of Appeals for the D.C. Circuit · Mar 4, 1997

This court and others have described the required showing in terms , of establishing a “prima facie” case. See, e.g., Sealed Case II, 754 F.2d at 399 . … Rather than discouraging full advice, that prospect plus the danger to the client provides a strong incentive for the lawyer to advise the client clearly and firmly. 4 .

Thomas, William v. Network Solutions

176 F.3d 500 · Court of Appeals for the D.C. Circuit · May 14, 1999

Given NSF's antitrust immunity, Network Solutions maintains that it also has immunity so long as its alleged anti-competitive actions were "taken pursuant to the Cooperative Agreement." … ant to a "clearly articulated and affirmatively expressed" State policy, even a policy simply permitting the anti- competitive conduct, and if the State actively supervises the conduct, such private parties are also immune

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

Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body Corporate

469 F.2d 97 · Court of Appeals for the D.C. Circuit · Jan 5, 1973

Our primary concern is to abolish the rigid, court-imposed immunities which are out of keeping with current common law trends. … Rather, the immunity of occupants of land, so far as immunity persists, from responsibility for unreasonably dangerous conditions is one of the exceptions to the growing and healthy tendency of the law to require all social

David Monro Souders v. Washington Metropolitan Area Transit Authority

48 F.3d 546 · Court of Appeals for the D.C. Circuit · Mar 3, 1995

Dant also established that the critical inquiry in determining whether a challenged WMATA action is “discretionary” is whether the action expresses the “political, social, and economic judgments” of the agency. … Such diversity of acceptable noise levels would clearly impose an undue burden on WMATA — one, we feel certain, not intended by the Compact’s signatories. B.

United States v. Frank Gorham, Jr., United States of America v. Otis D. Wilkerson, A/K/A Robert N. Jones, A/K/A James Burgess

523 F.2d 1088 · Court of Appeals for the D.C. Circuit · Nov 28, 1975

It was related to the proffer and was clearly material to that bench discussion. … The inmates at the D.C. jail who rebelled on October 11, 1972, clearly do not come within the purview of any of the federal statutes authorizing grants of immunity to witnesses.

In Re: Cisneros (Finkelstein Fee Application)

454 F.3d 342 · Court of Appeals for the D.C. Circuit · Jul 21, 2006

Discussion The Ethics in Government Act provides for reimbursement of attorneys’ fees expended in defense against an investigation under the Act by subjects who qualify under 28 U.S.C. § 593 (f)(1). … The petitioner “bears the burden of establishing all elements of his entitlement.” In re North (Reagan Fee Application), 94 F.3d 685, 690 (D.C.Cir., Spec.Div., 1996) (per curiam).

Daniel Barker v. Patrick Conroy

921 F.3d 1118 · Court of Appeals for the D.C. Circuit · Apr 19, 2019

The Speech or Debate Clause likewise poses no bar to Barker’s claim, even assuming legislative immunity could ever extend to the House Chaplain. … Because Barker’s challenge to Conroy’s administration of the guest chaplain program presents no apparent threat to lawmakers’ independence, the Speech or Debate Clause offers Conroy no immunity from Barker’s Establishment

United States v. Bessemer & Lake Erie Railroad

717 F.2d 593 · Court of Appeals for the D.C. Circuit · Aug 30, 1983

first to stress the limited nature of section 5a immunity. … The immunity granted by 5a does not extend to bald attempts to use the rate-setting process to blackball competitors. 65 The facts admitted by the appellant clearly show that the actions of the conspirators exceeded the bounds

American Federation of Government Employees, Local 2544 v. Federal Labor Relations Authority

779 F.2d 719 · Court of Appeals for the D.C. Circuit · Dec 24, 1985

conferring the “immunity” cite as their authority materials which are completely inadequate to establish the existence of such a policy, the FLRA’s conclusion that the purported grant of immunity negated any risk of discipline … The FLRA’s opinion never clearly delineates the two prongs of its definition of “reasonably believes."

Linda L. Joy, Individually and as Legal Representative of Robert A. Joy, Deceased as Personal Representative and Administratrix of the Estate of Robert A. Joy and as Guardian and Next Friend of Tatum Joy and Brenna Joy v. Bell Helicopter Textron, Inc. Allison Gas Turbine Division of General Motors Corp. v. Jack C. Turley and the Government of District of Columbia

999 F.2d 549 · Court of Appeals for the D.C. Circuit · Sep 21, 1993

(CCH) p 22,763, at 15,778 (Apr. 16, 1992)--have clearly established that section 91.9 is violated by flying a helicopter at an altitude-airspeed combination within the restricted area of the H/V diagram. … She adds that the evidence at trial "clearly established that Robert Joy was a talented and creative person...." Brief for Appellee Joy at 11.