Case law

National Classification Committee and National Motor Freight Traffic Association, Inc. v. United States of America and Interstate Commerce Commission

746 F.2d 886 · Court of Appeals for the D.C. Circuit · Oct 26, 1984

The NMFTA could have sought authority to set such rates as it proposed in the order-notify charge but, since it did not do so, “the antitrust immunity respondent sought and received was limited (1) to the establishment and … The Commission also ordered stricken the agreement’s provisions that established numerous minimum charges for specific items, concluding that ”[t]hese minimum charges are clearly matters of ratemaking and as such are beyond

Kiska Const Corp v. WMATA

321 F.3d 1151 · Court of Appeals for the D.C. Circuit · Mar 11, 2003

the tunnel alignment and within the tunnel heading to prevent’’ certain specified events from occurring) (emphasis added); id. § 228, ¶ 3.5(A) (‘‘If the tunnel invert is below groundwater level, [KiSKA must] main- tain qualified … As WMATA correct- ly observes, General Provision No. 2 of the contract clearly stated that ‘‘[i]n [the] case of [a] discrepancy between Draw- ings and Specifications, the Specifications shall govern.’’ JA 755.

In Re Sealed Case

832 F.2d 1268 · Court of Appeals for the D.C. Circuit · Nov 6, 1987

As the District Court correctly noted in the Memorandum accompanying its Order of July 10, 1987, “[h]ad the corporations themselves been subpoenaed, clearly the Independent Counsel would have had to establish that the Court … The Court was unequivocal: We are urged to adopt a doctrine of constructive use immunity.

Willard La Vern Pealo v. Farmers Home Administration of the United States Department of Agriculture, (Two Cases)

562 F.2d 744 · Court of Appeals for the D.C. Circuit · Sep 12, 1977

The interest rate for section 515 loans is established by the Secretary from time to time as in the case of section 502 loans. (42 U.S.C. 1485(a), 1490a(a) (Supp. … But Mills and Hall did not involve the federal government and its protective shield of sovereign immunity.

Vila v. INTER-AMERICAN INVESTMENT CORPORATION

583 F.3d 869 · Court of Appeals for the D.C. Circuit · Jun 19, 2009

Thus Vila clearly characterizes his e-mail contacts with Victor Moscoso as establishing that by August 4, 2003 Vila had provided his work to IIC and that IIC “refused” payment for that work, as opposed to “future work.” … Second, the district court was mistaken in its theory that Reed’s mention of a success fee somehow qualified the refusal.

Bennett v. Islamic Republic of Iran

618 F.3d 19 · Court of Appeals for the D.C. Circuit · Sep 10, 2010

Diplomatic properties are generally immune from attachment. See 28 U.S.C. §§ 1609-1610 . … The parenthetical phrase, the Bennetts argue, establishes that any “use” of a seized asset “as a rental property” invariably has a nondiplomatic purpose.

Taylor, Lorenzo v. Rice, Condoleeza

451 F.3d 898 · Court of Appeals for the D.C. Circuit · Jun 27, 2006

-Appellee 18.  8 receive routine immunizations.”7 Id. § 686.1-4. … The record no more conclusively establishes the Secretary’s position.

David O'Connell v. United States Conference of Catholic Bishops

134 F.4th 1243 · Court of Appeals for the D.C. Circuit · Apr 25, 2025

No federal court has ever held that the church autonomy doctrine establishes a constitutional right to immunity from suit in cases concerning secular claims. Quite the contrary. … The cases cited by USCCB clearly do not change the result in this case. First, USCCB cites Whole Woman’s Health v.

Kilburn, Blake v. Islamic Repub Iran

376 F.3d 1123 · Court of Appeals for the D.C. Circuit · Jul 30, 2004

‘‘The answer’’ to this hypothetical, the defendants assert, ‘‘clearly must be no.’’ Id. Libya’s argu- ment fails to persuade for several reasons. … to immunity.’’

Weldon Bruce Dayton v. John Foster Dulles, Secretary of State

254 F.2d 71 · Court of Appeals for the D.C. Circuit · Jan 6, 1958

Even if the ground for denial is valid, is the denial valid if the evidence which establishes the ground is confidential ? … World conditions, and those in particular areas, as to which the Executive has special information and on the basis of which he is especially qualified to make decisions, bear upon the question.

Jason Leopold v. J. Thomas Manger

102 F.4th 491 · Court of Appeals for the D.C. Circuit · May 28, 2024

immunity. … This “clearly implies that judicial records are but a subset of the universe of documents to which the common law right applies.” Washington Legal Found. II, 89 F.3d at 903.

Merle W. Dameron v. Washington Magazine, Inc. Merle W. Dameron v. Washington Magazine, Inc.

779 F.2d 736 · Court of Appeals for the D.C. Circuit · Dec 24, 1985

This analysis clearly must be modified somewhat to accommodate the possibility of a potentially involuntary limited-purpose public figure that is presented here. … Thus, it only remains to inquire whether Dameron’s relatively passive involvement in this controversy suffices to anyway qualify him as a public figure.

Harold Weisberg v. U.S. Department of Justice

848 F.2d 1265 · Court of Appeals for the D.C. Circuit · May 27, 1988

But, again, we are unpersuaded that the District Court’s adoption of the Department’s explanation can fairly be condemned as clearly erroneous. … Because credible evidence in the record supports the District Court’s determination, we uphold it as not clearly erroneous. (2) 6500 Abstracts.

In re Sealed Case

121 F.3d 729 · Court of Appeals for the D.C. Circuit · Jun 17, 1997

For example, the President is absolutely immune from damages liability for official acts, but presidential aides receive only qualified immunity. … Since Nixon and Sirica clearly establish that the presidential communications privilege can be overcome by a sufficient showing that subpoenaed evidence is needed for a criminal judicial proceeding, our task is not to weigh

Norwich Pharmaceuticals, Inc. v. Robert F. Kennedy, Jr.

Court of Appeals for the D.C. Circuit · Aug 25, 2026

In the court’s view, the “natural reading” of the statutory text and structure establishes that triggering events required by the failure to market provision had not occurred for every “qualifying” patent certification, notwithstanding … Cir. 2004), we interpreted a jurisdictional provision of the Foreign Sovereign Immunities Act.

Commonwealth of Puerto Rico v. Margaret M. Heckler, Secretary of Health & Human Services

745 F.2d 709 · Court of Appeals for the D.C. Circuit · Oct 16, 1984

Under the altered arrangement, single-agency states would qualify for section 1525 statewide grants, but not for section 1516 local grants. … Expenses incurred solely to establish a jurisdiction's very right to receive grant funds may not have been in the mind of the Circular's drafters.

Norman F. Hecht, Harry Kagan, Marc A. Miller, Washington Federals, Inc., Etal. v. Pro-Football, Inc.

444 F.2d 931 · Court of Appeals for the D.C. Circuit · Apr 27, 1971

And, The cases do not support a proposition of general governmental immunity. … They are thus immune from the operation of the antitrust laws under the Parker exemption.

Kiska Construction corporation-u.s.a. And Kajima Engineering and Construction, Inc. v. Washington Metropolitan Area Transit Authority

167 F.3d 608 · Court of Appeals for the D.C. Circuit · Feb 19, 1999

Thus, we clearly have jurisdiction over WMATA’s claims of immunity on this interlocutory appeal. But our jurisdiction is not limited to WMATA’s claims of immunity. … under the authority of a law. (5) The term “independent agency” means any agency of the government of the District with respect to which the May- or and the Council are not authorized by law, other than this subchapter, to establish

City of New York v. Train

494 F.2d 1033 · Court of Appeals for the D.C. Circuit · Jan 23, 1974

SOVEREIGN IMMUNITY It is our opinion that the trial court was correct in holding that City’s suit is not barred by the principle of sovereign immunity. … This is construction which is absolutely essential if we are to make any meaningful progress toward the national goals established in the bill.

Geraldine v. Carter v. Duncan-Huggins, Ltd.

727 F.2d 1225 · Court of Appeals for the D.C. Circuit · Mar 12, 1984

The jury also heard evidence clearly establishing that Carter suffered unequal treatment in her day-to-day existence at Duncan-Huggins. … After noting that statistics could be used to establish a prima facie case, the court explained the contours of statistical proof: “The proper comparison is between the composition of the relevant work force and the qualified