Case law

A. Ernest Fitzgerald v. Elmer B. Staats

578 F.2d 435 · Court of Appeals for the D.C. Circuit · Jun 2, 1978

And it has been said . that a waiver of traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. … Moreover, as to the second ground, the language of section 227 clearly contemplates that the judgment creditor will be thought to be indebted to the United States in some manner capable of suit by the government.

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.

Coleman v. Clark

322 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jul 20, 2018

To survive a Rule 12(b)(1) motion, the plaintiff bears the burden of establishing that the court has jurisdiction by a preponderance of the evidence. Lujan v. … District would also be entitled to immunity.

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.

Alan McSurely and Margaret McSurely v. John J. McClellan

521 F.2d 1024 · Court of Appeals for the D.C. Circuit · Oct 28, 1975

That claim is clearly not frivolous. … If he would be immune from both inquiry and liability they are similarly immune.

In Re Sealed Case

116 F.3d 550 · 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

Fritz v. Islamic Republic of Iran

320 F. Supp. 3d 48 · Court of Appeals for the D.C. Circuit · Aug 2, 2018

Syrian Arab Republic , 249 F.Supp.3d 186 , 205 (D.D.C. 2017), and a plaintiff that offers proof sufficient to establish a waiver of foreign sovereign immunity under § 1605A(a) has also established entitlement to relief as … (Apr. 11, 2018) at 190-91 (Levitt), and qualified Dr.

Tri-State Hospital Supply Corp. v. United States

341 F.3d 571 · Court of Appeals for the D.C. Circuit · Sep 2, 2003

’s sovereign immunity for awards of attorneyPs] fees.” … Thus, under the sixth element, state law establishes the elements of a particular tort that is otherwise actionable under the FTCA.

United States v. Ramsey, Charles W.

Court of Appeals for the D.C. Circuit · Apr 9, 1999

Maher, 645 F.2d 780, 783-84 (9th Cir. 1981) (DEA agent not qualified as expert but his expert testimony on drug trade was upheld in light of his experience). … Yet a grant of immunity pursuant to 18 U.S.C. s 6003 is clearly "[some]thing of value" given "for or because of the testimony under oath or affirmation," 18 U.S.C. s 201(c)(2).

Khadr v. United States

529 F.3d 1112 · Court of Appeals for the D.C. Circuit · Jun 20, 2008

Where a decision rejects a claim of absolute immunity, there is a valuable interest in “honoring the separation of powers.” Id.; see Nixon v. Fitzgerald, 457 U.S. 731, 742 (1982). … Where a decision rejects a claim of qualified immunity, there is a valuable interest in “preserving the efficiency of government and the initiative of its officials.” Will, 546 U.S. at 352; see Mitchell v.

Peter L. Johnson v. United States

547 F.2d 688 · Court of Appeals for the D.C. Circuit · Dec 2, 1976

Elizabeth’s Hospital.” 11 Clearly, this count seeks damages from the United States solely on account of an arrest and a false imprisonment allegedly inflicted by one clearly not an investigative or law enforcement officer … . 12 Just as clearly a cause of action therefor does not lie.

Ralph O. Brownfield v. Truman H. Landon

307 F.2d 389 · Court of Appeals for the D.C. Circuit · Dec 3, 1962

A brief review of the facts established beyond dispute is necessary to a decision of this case. … We think the two Supreme Court cases adequately establish the correctness of the District Court’s ruling. Barr v.

American Federation of Government Employees, Local 2782 v. Federal Labor Relations Authority

803 F.2d 737 · Court of Appeals for the D.C. Circuit · Oct 21, 1986

Thus, the FPM would clearly permit management to select a “repromotion eligible” for promotion. … It just as clearly, however, requires that management not be obligated to do so, as would be the case under AFGE’s proposal.

Ham v. Ayers

318 F. Supp. 3d 296 · Court of Appeals for the D.C. Circuit · Aug 1, 2018

ANALYSIS The CAA waives congressional immunity from suit and is, therefore, strictly construed. See 2 U.S.C. § 1408 (a) ; Lane v. … A single incident of hostility is rarely sufficient to qualify. See Nat'l R.R. Passenger Corp. v.

Duncan v. Washington Metropolitan Area Transit Authority

240 F.3d 1110 · Court of Appeals for the D.C. Circuit · Mar 2, 2001

It tells us nothing about whether he was qualified for the many other jobs in the Washington metropolitan employment pool. … Ctr., 230 F.3d 991 , 997 (7th Cir.2000) (upholding summary judgment against psychologist suffering from severe asthma, osteoporosis, and a weakened immune system because he “ha[d] not presented evidence that his condition

John R. Van Drasek, Captain v. John Lehman, Secretary of the Navy

762 F.2d 1065 · Court of Appeals for the D.C. Circuit · May 31, 1985

complaint requested, inter alia, “a Writ of Mandamus ordering the Defendants to award all back pay and other benefits to which Plaintiff would be entitled had he been promoted when originally considered, if Plaintiff is found qualified … Although neither Van Drasek nor the government raise the issue of this court’s appellate jurisdiction, our duty to consider it sua sponte is well established. See City of Kenosha v.

National Treasury Employees Union v. Richard M. Nixon, Individually and as President of the United States

492 F.2d 587 · Court of Appeals for the D.C. Circuit · Jan 25, 1974

Mateo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959), no immunity established under any case known to this Court bars every suit against the President for injunc-tive, declaratory or mandamus relief. … Chief Justice Marshall clearly did not specifically state that the President could be reached by mandamus.

Storms v. Shinseki

319 F. Supp. 3d 348 · Court of Appeals for the D.C. Circuit · Aug 6, 2018

Not every case will involve equities that clearly favor the plaintiff. … immunity.

Washington Legal Foundation v. United States Sentencing Commission

89 F.3d 897 · Court of Appeals for the D.C. Circuit · Jul 30, 1996

Background In early 1992 the Sentencing Commission established an Advisory Working Group on Environmental Sanctions made up of individuals from both the public and private sectors. … The district court, recognizing that sovereign immunity is a jurisdictional defect that may be raised at any time, held (in an unpublished memorandum) that “sovereign immunity is not a bar to suits under the mandamus statute

McKesson Corp. v. Islamic Republic of Iran

672 F.3d 1066 · Court of Appeals for the D.C. Circuit · Feb 28, 2012

The FSIA established a broad grant of immunity for foreign sovereigns that can only be abrogated by one of the statute’s narrowly drawn exceptions. 28 U.S.C. § 1330(a); World Wide Minerals, 296 F.3d at 1161. … The Supreme Court has explained that “[t]he language and the history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality