Case law

Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development

501 F.2d 848 · Court of Appeals for the D.C. Circuit · Sep 25, 1974

The latter section provides that “qualified tenants” meet both the criteria to be established by the Secretary as well as those set out in the statute. 17 . 12 U.S.C. § 1715z(i) (3) (first proviso). 18 . 12 U.S.C. § 1701s … Past participation in efforts to obtain nondiscriminatory subsidized housing is clearly not sufficient to establish standing for present equitable relief. Cf. Sierra Club v.

United States v. Ramsey, Charles W.

Court of Appeals for the D.C. Circuit · Feb 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).

Marc Feldman v. William C. Gardner Edward J. Hickey, Jr. v. District of Columbia Court of Appeals

661 F.2d 1295 · Court of Appeals for the D.C. Circuit · Sep 28, 1981

Congress deliberate *1308 ly chose to establish the two systems of courts in the District, Palmore v. … To the extent relevant here, the doctrine of judicial immunity from suit for damages buttresses our holding.

Lorraine A. Beatty v. Washington Metropolitan Area Transit Authority

860 F.2d 1117 · Court of Appeals for the D.C. Circuit · Nov 4, 1988

Since summary judgment is a *1120 determination of law rather than fact, we need not defer to the district court’s conclusions and reverse only if clearly erroneous, but rather, may review the matter de novo. … Section 80 of the Compact, however, allows only a limited waiver of immunity.

CBS, Inc. v. Federal Communications Commission

629 F.2d 1 · Court of Appeals for the D.C. Circuit · Mar 14, 1980

S., 394 U.S. 131, 139-140 , 89 S.Ct. 927, 931-932 , 22 L.Ed.2d 148 (1951) (no immunity from antitrust laws); Associated Press v. … The practical consequence of network immunity from Section 312(a)(7) would be most extreme in the final days of a general presidential election.

Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Air Transport Association of America, Transamerica Airlines, Inc., Intervenors

724 F.2d 211 · Court of Appeals for the D.C. Circuit · Jan 6, 1984

Congress clearly intended that such an inquiry be undertaken in EAJA cases. … 74 As a waiver of sovereign immunity, the Act must be strictly construed.

TMR Energy Ltd. v. State Property Fund of Ukraine

411 F.3d 296 · Court of Appeals for the D.C. Circuit · Jun 17, 2005

Personal Jurisdiction Under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1330, 1602–1611, a foreign state is “presumptively immune from the jurisdiction of the United States courts,” Saudi Arabia v. … sovereign immunity in the FSIA.

Hassan El-Fadl v. Central Bank of Jordan

75 F.3d 668 · Court of Appeals for the D.C. Circuit · Feb 6, 1996

. § 1603 (a), and had not waived its sovereign immunity. The court ruled that Nabulsi and Marto were also immune because they were being sued in their official capacities as agents of the Central Bank. … An individual can qualify as an “agency or instrumentality of a foreign state.” 28 U.S.C. § 1603 (b) (1994); 2 see Chuidian v. Philippine Nat’l Bank, 912 F.2d 1095 , 1101-03 (9th Cir.1990).

Rodriguez v. Puerto Rico Federal Affairs Administration

435 F.3d 378 · Court of Appeals for the D.C. Circuit · Feb 3, 2006

Puerto Rico with a wider degree of local self-government, establishing a territorial bill of rights, and conferring American citizenship on Puerto Rican citizens); Elective Governor Act, Pub. … Next, Rodriguez urges us to ignore section 734 altogether since “an implicit ‘default rule’ cannot be said to override explicit language in a statute that clearly expresses a contrary position.

James H. Ellis, Jr. v. United States of America, Alfred M. Watkins v. United States

416 F.2d 791 · Court of Appeals for the D.C. Circuit · Apr 30, 1969

A trial judge cannot reject a witness’s claim of privilege merely on the ground that the ruling cannot hurt the witness because it will establish an immunity from subsequent prosecution. … There are doubtless other considerations of like import, but these suffice to establish the interest of law enforcement. What of the other side of the coin?

Tatneft v. Ukr.

301 F. Supp. 3d 175 · Court of Appeals for the D.C. Circuit · Mar 19, 2018

Formation of Ukrtatnafta Pao Tatneft, formerly known as OAO Tatneft, is a "publicly-traded open joint stock company, established and existing under the laws of the Russian Federation." … The burden of persuasion then shifts to Ukraine, the foreign sovereign that is claiming immunity, "to establish the absence of the factual basis by a preponderance of the evidence." Id. ; see also Belize Social Dev.

Manuel L. Garner v. Daniel J. Boorstin, Librarian of Congress

690 F.2d 1034 · Court of Appeals for the D.C. Circuit · Oct 15, 1982

Title VII and ADEA. 2 In a series of recent decisions, the Supreme Court has clearly established a burden of proof scheme designed to provide a “sensible, orderly way to evaluate the evidence” in disparate treatment cases … While this ultimate conclusion is supported by the record in this case, it does not preclude an earlier determination that appellant was sufficiently “qualified” for the position for purposes of establishing his prima facie

In Re: Mnstr Papandr

139 F.3d 247 · Court of Appeals for the D.C. Circuit · Apr 10, 1998

The infliction of those burdens may compromise it just as clearly as would an ultimate determination of liability. … Maritime Int'l Nominees Establishment v. Guinea, 693 F.2d 1094, 1109 (D.C. Cir. 1983).

Paul D. Johnson v. Bechtel Associates Professional Corporation, D.C. (Three Cases). Howard L. Eighmey v. Bechtel Civil and Minerals, Inc. Calvin Walker v. Bechtel Civil and Minerals, Inc. John Warren Clanagan v. Bechtel Associates Professional Corporation, D.C. (Three Cases). Calvin Walker and Rena Walker v. Bechtel Associates Professional Corporation, D.C. Howard L. Eighmey v. Bechtel Associates Professional Corporation, D.C. Stanley Wilmes v. Bechtel Associates Professional Corporation, D.C. (Two Cases). James H. Buchanan and Shirley Buchanan, His Wife v. Bechtel Associates Professional Corporation, D.C. Calvin Walker v. Washington Metropolitan Area Transit Authority. Howard L. Eighmey v. Washington Metropolitan Area Transit Authority Glenwood Williams v. Washington Metropolitan Area Transit Authority

717 F.2d 574 · Court of Appeals for the D.C. Circuit · Aug 19, 1983

The language and scheme of the Act, as well as the relevant caselaw, clearly establish that a general contractor may not circumvent the intended operation of the Act by, in effect, choosing between either securing workmen's … 905(a) of the Longshoremen's and Harbor Workers' Compensation Act, as well as the relevant case law, compels the conclusion that WMATA be denied statutory employer immunity. 16 The Act clearly contemplates that an injured

Brian P. Moore v. Agency for International Development

80 F.3d 546 · Court of Appeals for the D.C. Circuit · Jul 1, 1996

Appellees respond that the district court applied the proper statute of limitations, that the “heightened pleading” standard is a necessary element of a qualified-immunity defense, and that, in any case, Moore did not demonstrate … the violation of a clearly established constitutional right necessary to maintain a Bivens claim on which a court may grant relief.

ATC Petroleum, Inc. v. Sanders

860 F.2d 1104 · Court of Appeals for the D.C. Circuit · Nov 4, 1988

On appeal, Koch maintains that it relied on more limited and clearly authorized representations of SBA. … This is clearly a government-bestowed subsidy.

Narragansett Indian Tribe v. Sean McMaster

Court of Appeals for the D.C. Circuit · May 22, 2026

The deeds included a “limited waiver of tribal sovereign immunity[,]” which stated that the Tribe must “waive [its] sovereign immunity as to the covenants contained in the deeds[.]” J.A. 125 (capitalization altered). … A failure to comply with a statutory consultation requirement qualifies as an Article III injury. Center for Biological Diversity v. Zeldin, 171 F.4th 356, 374 (D.C.

Macharia, Merania v. United States

334 F.3d 61 · Court of Appeals for the D.C. Circuit · Jul 11, 2003

in nature and grounded in policy and therefore[ ] do not fall within the FTCA’s waiver of sovereign immunity.’’ … The Act’s waiver of sovereign immunity has various exceptions, howev- er.

National Treasury Employees Union v. Nixon

521 F.2d 317 · Court of Appeals for the D.C. Circuit · Oct 20, 1975

. *220 The Supreme Court has acknowledged this distinction in the analogous context of immunity under the Eleventh Amendment. In Edelman v. … The Supreme Court has clearly indicated that such control is not necessary for reimbursement.

Nixon v. Sirica

487 F.2d 700 · Court of Appeals for the D.C. Circuit · Oct 12, 1973

The Executive Privilege Cases The majority relies on a line of eases which recognize a qualified “executive privilege” where a civil litigant seeks disclosure of relevant government documents. 68 In formulating this qualified … total immunity from criminal prosecution.