Case law

COMSAT Corp. v. Federal Communications Commission

283 F.3d 344 · Court of Appeals for the D.C. Circuit · Mar 22, 2002

Cir. 1999); 22 U.S.C. s 288 note (Public International Organizations Entitled to Enjoy Certain Privi- leges, Exemptions, and Immunities); id. s 288a(b) (establish- ing immunity for certain international organizations … Clearly, the Commission might reasonably endeavor to prevent such cross-subsidization. In response, COMSAT first argues that COMSAT I pre- cludes the Commission from recovering signatory-related costs.

Kramer, Mark Lee v. Rumsfeld, Donald

481 F.3d 788 · Court of Appeals for the D.C. Circuit · Mar 6, 2007

We have considerable doubt whether an interpretation of the limits of Rule 60(b)(6) qualifies as an exercise of a court’s law-declaring power as Steel Company used the concept, as the scope of Rule 60(b)(6) is far removed … Although the failure to request an order of “employment” here may not have been strategic in the strictest sense of the term, it was clearly a litigation choice that “turn[ed] out to be improvident” and one from which we

United States v. Donald Trump

Court of Appeals for the D.C. Circuit · Feb 6, 2024

The Court then weighed the argument that Midland Asphalt’s comment is dictum because the Court allows interlocutory review of other implied immunities, including qualified immunity. Id. at 875 (citing Mitchell v. … CACI Int’l, Inc., 679 F.3d 205, 217 n.9 (4th Cir. 2012) (en banc) (reading Digital Equipment to hold that qualified immunity’s “good pedigree in public law . . . more than makes up for its implicitness” (cleaned up)); McClendon

United States v. Scantlebury

921 F.3d 241 · Court of Appeals for the D.C. Circuit · Apr 16, 2019

Camreta, for example, was a civil case involving qualified immunity. … The Court of Appeals ruled that the public officials had violated the Constitution, but that qualified immunity protected the officials from liability.

Metropolitan Training Center, Inc. v. Gray, Adm'r of Veterans' Affairs

188 F.2d 28 · Court of Appeals for the D.C. Circuit · Feb 1, 1951

Bill resulting from the establishment of schools in response to a demand created by the Bill itself. … Since the regulation falls clearly wiihin the authority of appellee Gray, this suit cannot fit within any of the exceptions to sovereign immunity discussed in Larson v. Domestic & *30 Foreign Corp. 4 and must fail.

Alvin B. Biscoe, Jr., Eleanor L. Biscoe, His Wife v. Arlington County, Arlington County Police Department Alvin B. Biscoe, Jr., Eleanor L. Biscoe, His Wife v. Arlington County Michael Kyle, Arlington County Police Department

738 F.2d 1352 · Court of Appeals for the D.C. Circuit · Jul 6, 1984

In sum, application of Virginia's policy of immunity would clearly frustrate District policies in favor of deterrence and compensation, and the facts of this case warrant no further inquiry into the meaning of the quoted … This is especially so where, as here, the officer is constrained both by regulations and clearly established policy and standards, about which experts can, and have testified.

Peterson, John W. v. Royal Kingdom Arabia

416 F.3d 83 · Court of Appeals for the D.C. Circuit · Jul 29, 2005

We accept as true the facts Peterson alleges in his complaint and briefly recount them now. 1 In November 1969, Saudi Arabia established the General Organization of Social Insurance (GOSI) by Royal Decree “to promote foreign … With respect to the “expropriation” exception, the district court concluded that “the eight percent GOSI contribution, characterized by the plaintiff as an expectation interest in payments, does not qualify as a right in

Phillip M. Proctor, D/B/A Proctor Auto Service v. State Farm Mutual Automobile Insurance Company

561 F.2d 262 · Court of Appeals for the D.C. Circuit · Jul 22, 1977

. §§ 1011-1015 , which confers broad antitrust immunity upon the “business of insurance,” to the extent such business is regulated by state law. 1 Although the McCarran Act provides that the Sherman Act shall remain applicable … Nonetheless, the Third Circuit held that the contracts qualified as the business of insurance, and were not achieved through “boycott, coercion, or intimidation.” .

Gouse v. Dist. of Columbia

359 F. Supp. 3d 51 · Court of Appeals for the D.C. Circuit · Jan 14, 2019

Department of Justice (DOJ) oversight, with a candidate who seriously misrepresented his credentials and was not qualified for the position. … DBH has largely functioned reactively, responding to standards established by others." Id.

Lawrence Maynor v. Rogers C. B. Morton, Secretary, Department of the Interior

510 F.2d 1254 · Court of Appeals for the D.C. Circuit · Apr 4, 1975

United States for Indians because of their status as Indians, and none of the statutes of the United States which affect Indians because of their status as Indians shall be applicable to the Lumbee Indians. 10 From this qualifying … originally inhabiting the coastal regions of North Carolina, shall, from and after the ratification of this Act, be known and designated as Lumbee Indians of North Carolina and shall continue to enjoy all rights, privileges, and immunities

Arthur Sookra v. Pfizer Inc.

Court of Appeals for the D.C. Circuit · Jul 31, 2026

Second, Congress established the Covered Countermeasure Process Fund, from which harmed individuals or their representatives may apply for compensation. 42 U.S.C. § 247d-6e(a). … Wickham, 382 U.S. 111, 127 (1965) (Congress’s use of a three-judge court “show[s] quite clearly what sort of cases were of concern to [it.]”); see David P.

Phillip M. Proctor v. State Farm Mutual Automobile Insurance Company

675 F.2d 308 · Court of Appeals for the D.C. Circuit · Mar 16, 1982

Both sides argue on appeal that the Supreme Court’s decision in Royal Drug clearly dictates a result in their favor on this issue. … See Weller, supra note 16, at 632; Note, Qualified Immunity for Insurers Under the McCarran-Ferguson Act, 46 Geo.Wash.L.

Blackwell v. Federal Bureau of Investigation

646 F.3d 37 · Court of Appeals for the D.C. Circuit · Jul 1, 2011

Even if they qualify as law enforcement files, Blackwell contends that the FBI’s claimed exemptions do not apply. We are not persuaded. … To show that the disputed documents were “compiled for law enforcement purposes,” the FBI need only “establish a rational nexus between the investigation and one of the agency’s law enforcement duties and a connection, between

Devine v. Goodstein

680 F.2d 243 · Court of Appeals for the D.C. Circuit · Jun 4, 1982

The Constitution itself establishes limits to protections afforded by its provisions. The arbitrator’s analysis clearly exceeded those limits. III. … Fisher would have been entitled to a recorded guarantee of criminal use immunity. Even if no such guarantee were provided, full use immunity would have attached in later criminal proceedings as a matter of law. Womer v.

Gregory Allen Persinger v. Islamic Republic of Iran

729 F.2d 835 · Court of Appeals for the D.C. Circuit · Mar 13, 1984

The modifying phrase is rather clearly intended to restrict the definition of the United States to the continental United States and such islands as are part of the United States or are its possessions. … Appellants contend that the Vienna Convention on Diplomatic Relations, by endorsing the rule of inviolability, and by substantially removing a foreign embassy from the jurisdiction of the receiving state, establishes that

Slocumb v. Gray

179 F.2d 31 · Court of Appeals for the D.C. Circuit · Dec 5, 1949

Yet it established no standards to govern the quantity or quality of proof to be required as a basis for the determination. … Appellant says “that notwithstanding immunity from judicial review of such action [the Administrator’s ultimate disposition of the matter], however arbitrary or unjust, the Administrator may not by regulation nullify the

Greater New Orleans Fair Housing Action Center v. United States Department of Housing & Urban Development

639 F.3d 1078 · Court of Appeals for the D.C. Circuit · Apr 8, 2011

Because it is plain that there are some potential remedies not running afoul of sovereign immunity, we have jurisdiction to address the substantive merits of plaintiffs’ claim (regardless of sovereign immunity’s possible … We can perceive no good reason that Louisiana’s sovereign immunity might preclude all relief.

Central & Southern Motor Freight Tariff Association, Inc. v. United States of America and Interstate Commerce Commission

777 F.2d 722 · Court of Appeals for the D.C. Circuit · Nov 22, 1985

immunity to establish monopolistic prices, the ability to set rates collectively nonetheless permits association members to earn larger, or at least more stable, profits than they could in the absence of joint rate-setting … The first objection is clearly misplaced.

Yukon-Kuskokwim Health Corp. v. National Labor Relations Board

234 F.3d 714 · Court of Appeals for the D.C. Circuit · Dec 19, 2000

The Board first said somewhat tentatively in Sac & Fox that the “exemption in Section 2(2) for a ‘political subdivision’ of a ‘State’ does not clearly include an off-reservation tribal enterprise.” Id. … There are, to be sure, exceptions to that general rule, as recognized, for example, in the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605 (a)(2).

El Paso Natural Gas Company v. United States

750 F.3d 863 · Court of Appeals for the D.C. Circuit · Apr 4, 2014

immunity, and a cause of action. … Nor is sovereign immunity in dispute.