Case law

Panm Sat Corporation v. Federal Communications Commission and United States of America, Bellsouth Wireless, Inc., Intervenor

198 F.3d 890 · Court of Appeals for the D.C. Circuit · Dec 21, 1999

The plain terms of § 9 have already been quoted; they clearly do not require an exemption for Comsat, and there is no obvious hook in the language on which to hang an exemption. … Both organizations are covered by the International Organizations Immunities Act, 22 U.S.C. § 288 et seq., and their exemption would be consistent with the many privileges, exemptions, and immunities such organizations enjoy

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.

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.

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.

Public Citizen Health Research Group v. Food and Drug Administration

704 F.2d 1280 · Court of Appeals for the D.C. Circuit · Apr 15, 1983

The District Court finally held that those documents not immune from disclosure under Exemption 4 could be withheld under Exemption 3. … as commercial or financial information under the second category of the exemption without also qualifying as a trade secret.

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

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.

Christina Williams v. Robert Johnson

776 F.3d 865 · Court of Appeals for the D.C. Circuit · Jan 16, 2015

Court of Appeals has previously held insufficient to qualify as “the type of gross abuse or violations described in the statute.” Wilburn, 957 A.2d at 926.  10 The D.C. … Griffin, 2 A.3d 1070, 1075-76 (D.C. 2010) (holding new requirement to file lis pendens notice was not “clearly procedural” because parties who had perfected their claims under the prior procedure for securing property had

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.

Fund for the Study of Economic Growth & Tax Reform v. Internal Revenue Service

161 F.3d 755 · Court of Appeals for the D.C. Circuit · Dec 8, 1998

Thus, to meet the requirement of this subdivi- sion, it is necessary for an organization to establish that it is not organized or operated for the benefit of private interests...."). … Fund qualifies for 501(c)(3) tax exemption.

Southern Pacific Communications Co. v. American Telephone and Telegraph Co.

740 F.2d 980 · Court of Appeals for the D.C. Circuit · Jun 26, 1984

Having established that the District Court’s findings concerning AT & T’s costs are not clearly erroneous, we now turn to SPCC’s argument that it has proved predatory pricing under the Inglis-Transamerica test. … Notwithstanding the District Court's holding on the issue of implied antitrust immunity, the court clearly recognized the inadequacy of the regulatory scheme, as implemented by the FCC, to prevent anticompetitive behavior

N. v. Handelsbureau La Mola v. Robert F. Kennedy, Attorney General of the United States, as Successor to the Alien Property Custodian

299 F.2d 923 · Court of Appeals for the D.C. Circuit · Feb 1, 1962

This included appellant’s property, for during the occupation which preceded January 1, 1947, that property had clearly been subject to vesting and seizure. … Such immunization would also deprive the United States of valuable means of supporting its own war efforts.

Hornbeck Offshore Transportation, LLC v. United States

569 F.3d 506 · Court of Appeals for the D.C. Circuit · Jun 30, 2009

Clearly, then, the only basis for Hornbeck’s claim is a federal statute, not any state or local law. … To make the point more clearly: Would there still be a local cause of action without the federal statute? The answer is clearly “no.” If there is no local law under which “a private person!

Foremost-Mckesson, Inc. v. The Islamic Republic of Iran

905 F.2d 438 · Court of Appeals for the D.C. Circuit · Jun 15, 1990

Iran paid the amounts awarded out of the security account established at The Hague pursuant to the provisions of the Algiers Accords. … In Maritime Int’l Nominees Establishment v.

In Re: Sealed Case

131 F.3d 208 · Court of Appeals for the D.C. Circuit · Dec 19, 1997

Attorney does certify, the employee is immune, the United States has any immunities unwaived under exceptions to the Federal Tort Claims Act, and, prior to Gutierrez de Martinez , the decision was unreviewable. … The Executive, not the courts of law, is best qualified to determine such matters.

Bertell Ollman v. Rowland Evans, Robert Novak

750 F.2d 970 · Court of Appeals for the D.C. Circuit · Dec 6, 1984

The judiciary’s task in accommodating these competing interests is by no means new: at common law, the fair comment doctrine bestowed qualified immunity from libel actions as to certain types of opinions in order that writers … Although the Supreme Court has never directly addressed this issue, the Court has clearly ruled that questions as to other privileges derived from the First Amendment, such as the qualified privilege as to public officials

Jackson v. Gonzales

496 F.3d 703 · Court of Appeals for the D.C. Circuit · Aug 10, 2007

The McDonnell Douglas framework first requires the plaintiff to establish a prima facie case of discrimination by-showing that: “(1) he is a member of a protected class; (2) he applied for and was qualified for an available … On the contrary, it plainly suggests that Batchelder was better qualified.

Phillips v. Mabus

319 F.R.D. 36 · Court of Appeals for the D.C. Circuit · Nov 4, 2016

immunity (relevant to Count II of the amended complaint). … Miller argue that in its October 23, 2012 order, the Court mandated that the parties would have until March 5, 2013 to conduct limited discovery on the issues of scope of employment and qualified immunity.

Bell Helicopter Textron, Inc. v. Islamic Republic of Iran

734 F.3d 1175 · Court of Appeals for the D.C. Circuit · Nov 1, 2013

Espinosa, the Supreme Court stated that it was “not persuaded that a failure to find undue hardship in accordance with [the Bankruptcy Code] is on par with the jurisdictional and notice failing that define void judgments that qualify … The FSIA “establishes a comprehensive framework for determining whether a court in this country, state or federal, may exercise jurisdiction over a foreign state.” Republic of Argentina v.