Case law

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.

Perry Capital LLC v. Mnuchin

864 F.3d 591 · Court of Appeals for the D.C. Circuit · Feb 21, 2017

waived the agency’s immunity by consenting to suit. … Contrary to the class plaintiffs’ assertions, however, their request for ”[s]uch other and further relief as the Court may deem just and proper" does not qualify as non-monetary relief. J.A. 279 ¶ 12.

Williams v. United States Fidelity & Guaranty Co.

107 F.2d 210 · Court of Appeals for the D.C. Circuit · Aug 7, 1939

We see no token of a purpose to extend a like immunity to permanent investments or the fruits of business enterprises. ...” [290 U.S. at pages 356, 357, 54 S.Ct. at page 139 , 78 L.Ed. 358 ] This decision, however, expressly … These three cases are therefore clearly within Trotter v. Tennessee. The appellee also urges that he who claims an exemption bears the burden of establishing it.

American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.

834 F.2d 1037 · Court of Appeals for the D.C. Circuit · Dec 4, 1987

A federal district court in the Eastern District of Missouri dismissed the doctor’s claim on the grounds that the review organization and its officials enjoyed qualified immunity as state actors, and the Eighth Circuit affirmed … As for the second burden, case law clearly establishes that such derivative burdens hardly dictate notice and comment review. See, e.g., Neighborhood TV Co.; Kast Metals.

Thomas Shands v. Cmsnr. IRS (REISSUED PUBLIC OPINION)

Court of Appeals for the D.C. Circuit · Aug 7, 2024

He received immunity from prosecution and a whistleblower award of over $8.5 million in exchange for his assistance. But Shands wanted more. … In return for criminal immunity, Shands cooperated in the investigation of certain bankers for their use of offshore accounts to hide client assets from the IRS.

Hawkins v. Wash. Metro. Area Transit Auth.

311 F. Supp. 3d 94 · Court of Appeals for the D.C. Circuit · Apr 27, 2018

A state is immune from federal suits brought by the state's own citizens or the citizens of another state unless the state waives its sovereign immunity or Congress validly abrogates that *103 immunity. See Jones v. … Section 1985 describes the qualifying conspiracies, and Section 1986 provides for liability. Id.

American Hospital Ass'n v. Sullivan

938 F.2d 216 · Court of Appeals for the D.C. Circuit · Jul 2, 1991

That Act waived the sovereign immunity of the United States against attorneys’ fees in two distinct manners. … In determining finally to follow the path toward which Lipsig and ALPO have directed us, we look to the rationale underlying the clearly erroneous standard established by Federal Rule of Civil Procedure 52(a).

In re: Rail Freight Fuel Surcharge Antitrust Litigation

34 F.4th 1 · Court of Appeals for the D.C. Circuit · May 17, 2022

Adopting an expansive interpretation of “concern[s] an interline movement” would render Section 10706 “little more than a de facto immunity for anticompetitive actions that happen to coincide with interline traffic.” … We decline to adopt an interpretation of the statute so clearly at odds with Congress’ intent.

Jackson v. Lynn

506 F.2d 233 · Court of Appeals for the D.C. Circuit · Oct 17, 1974

So plaintiffs must establish that a private right to recover from the United States is properly implied. 8 Appellants rely specifically on no more than brief comments of Mr. … future conduct, has now become moot. 16 In its brief, the government has informed this court that HUD has changed policy and practice and now requires that a dwelling comply with the applicable local housing code in order to qualify

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.

Action on Smoking & Health v. Civil Aeronautics Board

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. … The Equal Access to Justice Act significantly abridged the government’s immunity from suits for attorneys’ fees. 74 As a waiver of sovereign immunity, the Act must be strictly construed.

B. J. Bucheit, Appellee/cross-Appellant v. The Palestine Liberation Organization and the Palestinian Authority, Appellants/cross-Appellees

388 F.3d 346 · Court of Appeals for the D.C. Circuit · Jan 7, 2005

The district court concluded that it had jurisdiction over the matter under the commercial activity exception to the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330 , 1605(a)(2). … Indeed, it is well-established that a recent sale price for the subject asset, negotiated by parties at arm’s length, is the 'best evidence’ of its market value.”

Seymour Auerbach v. Sverdrup Corporation

829 F.2d 175 · Court of Appeals for the D.C. Circuit · Oct 23, 1987

Discussion The district court’s assessments of the facts in this case are subject to a clearly erroneous standard of review. … With the legal landscape thus clarified, the case reduces to a very simple question: do appellees establish that the government authorized or consented to the copyright infringement of Auerbach’s plans, if such infringement

Dominion Transmission, Inc. v. Robert Summers

723 F.3d 238 · Court of Appeals for the D.C. Circuit · Jul 19, 2013

The Department also asserts Eleventh Amendment immunity to our jurisdiction on the ground that it is an agency of the State of Maryland. See U.S. CONST. amend. … The Code of Federal Regulations lists provisions of the Code of Maryland Regulations (COMAR), and two of the regulations, in turn, quite clearly incorporate § 2-404(b)(1). See COMAR §§ 26.11.02.01(B)(7), 26.11.02.11(D).

In Re: Fashina

486 F.3d 1300 · Court of Appeals for the D.C. Circuit · May 11, 2007

Katz, 533 U.S. 194, 201 (2001) (qualified immunity analysis requires court first  5 to determine whether constitutional right was violated, and only if so whether right was clearly established … Wainwright, 373 U.S. 335 (1963), requiring states to offer counsel to indigent criminal defendants, might have qualified as sufficiently “sweeping and fundamental” had the watershed standard then been in place. Beard v.

Samuel H. Seymour v. Vincent P. Barabba, Director Bureau of the Census U.S. Department of Commerce

559 F.2d 806 · Court of Appeals for the D.C. Circuit · Jun 7, 1977

We think that this statute is a clear and strongly worded prohibition against disclo *808 sure which would qualify under Exemption 3. It is a flat barrier to disclosure with no exercise of discretion permitted. … United States 7 held that census information was not immunized from legal process directed to copies of the census report retained by private businesses, quickly responding to the urgings of the Administration, and noting

Senate Permanent Subcommittee on Investigations v. Carl Ferrer

856 F.3d 1080 · Court of Appeals for the D.C. Circuit · May 16, 2017

We have no need to address the first requirement, for Ferrer clearly fails the second. … “A ‘theoretical possibility,’ . . . is not sufficient to qualify as ‘capable of repetition’[;] . . . . [t]here must instead be a ‘reasonable expectation’ or ‘demonstrated probability’ that the action will recur.”

Fawwaz Zedan v. Kingdom of Saudi Arabia

849 F.2d 1511 · Court of Appeals for the D.C. Circuit · Jun 24, 1988

Appellant asserts that the district court has jurisdiction over Saudi Arabia under the Foreign Sovereign Immunities Act. … See Maritime Int’l Nominees Establishment, 693 F.2d at 1108 .

Captain Joyce L. Bois v. John O. Marsh, Jr., in His Official Capacity as Secretary of the Army Captain Joyce L. Bois v. John O. Marsh, Jr., in His Official Capacity as Secretary of the Army

801 F.2d 462 · Court of Appeals for the D.C. Circuit · Sep 12, 1986

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), provides officials who have acted in objective good faith, which includes unconstitutional behavior that at the time was not clearly established as such, … Of course, it would be necessary for the District Court to determine on remand whether a Mindes-type balance tips in favor of appellant, and whether other thresholds of Sec. 1985(3) and qualified immunity have been overcome

Stewart Udall, Secretary of the Interior v. States of Wisconsin, Colorado and Minnesota, Stewart Udall, Secretary of the Interior v. State of Michigan

306 F.2d 790 · Court of Appeals for the D.C. Circuit · Jun 28, 1962

For the reasons elaborated by Judge Prettyman in Clackamas, if the act is ministerial it does not “involve sovereign power” and the Secretary enjoys no immunity from suit with respect to it. … Thus, the very first Manual issued in 1938 as a guide to the administration of the Act qualifies the broad rule that the state certificate should include “all licenses defined as hunting licenses by State laws” with the caveat