Case law

Johnston Broadcasting Co. v. Federal Communications Commission

175 F.2d 351 · Court of Appeals for the D.C. Circuit · May 4, 1949

Both A and B may be qualified, but if a choice must be made, the question is which is the better qualified. Both might be ready, able and willing to serve the public interest. … The basis for the conclusion of the Commission is clearly stated.

Grolier Incorporated v. Federal Trade Commission

671 F.2d 553 · Court of Appeals for the D.C. Circuit · Feb 5, 1982

(Emphasis added) 34 As the majority notes, the four documents in question in the instant case clearly qualify as work-product. Majority at 2. … Moulinage et Retorderie de Chavanoz, 487 F.2d 480, 484 (4th Cir. 1971) (upon the termination of litigation the work-product documents of an attorney prepared incident thereto do not lose the qualified immunity extended to

Estate of Jeremy Isadore Levin v. Wells Fargo Bank, N.A.

Court of Appeals for the D.C. Circuit · Sep 26, 2025

However, OFAC may remove or qualify a block by issuing a license for specified uses or transactions. See id. … First, sovereign immunity barred the attachments.

James Walker v. Walter E. Washington, Mayor District of Columbia

627 F.2d 541 · Court of Appeals for the D.C. Circuit · Jul 16, 1980

Walker has not established that the program activity record requirement violates his constitutional rights. … That decision, which involves municipalities and immunity under 42 U.S.C. § 1983 , is inapposite in this case, which poses no question of immunity under § 1983. 6 .

Auction Co. of America v. Federal Deposit Insurance

132 F.3d 746 · Court of Appeals for the D.C. Circuit · Dec 19, 1997

That act and its big brother the Tucker Act collectively establish jurisdiction and a waiver of sovereign immunity for certain cases that are "against the United States" and founded upon various bases including "any ex … clauses are broad waivers of immunity).

Toney v. Block

705 F.2d 1364 · Court of Appeals for the D.C. Circuit · Apr 29, 1983

For in Teamsters the prima facie case of discrimination in the individual employment decision was established, just as it was established here, by demonstration of discrimination at large within the employment unit. … Although the District Court denominated the last two of these “Conclusions of Law,” they are all findings of fact which we cannot set aside “unless clearly erroneous.” Fed.R.Civ.P. 52(a).

Scott Armstrong Gary M. Stern Eddie Becker National Security Archive Center for National Security Studies, American Historical Association and American Library Association v. Executive Office of the President, Office of Administration National Security Council Trudy Peterson, Acting Archivist of the United States White House Communications Agency, Scott Armstrong Gary M. Stern Eddie Becker National Security Archive Center for National Security Studies v. Executive Office of the President, Office of Administration National Security Council Trudy Peterson, Acting Archivist of the United States White House Communications Agency, (Two Cases) Scott Armstrong Gary M. Stern Eddie Becker National Security Archive Center for National Security Studies American Historical Association American Library Association v. Executive Office of the President, Office of Administration National Security Council Trudy Peterson, Acting Archivist of the United States White House Communications Agency

1 F.3d 1274 · Court of Appeals for the D.C. Circuit · Aug 13, 1993

In this case, the agency heads clearly failed to discharge this obligation. … Thus, we held that those decisions that involve materials that are truly presidential records are immune from judicial review.

Casper Eugene Harding v. Vincent Gray

9 F.3d 150 · Court of Appeals for the D.C. Circuit · Nov 26, 1993

This case poses the question whether a plaintiffs allegation that he was better qualified than the minority candidate chosen ahead of him for promotion can constitute sufficient background circumstances to establish a prima … But the non-minority plaintiff who shows that he was better qualified for the position than the minority applicant whom the employer selected has done his job; he has stated sufficient background circumstances to establish

Secretary of Labor v. Knight Hawk Coal, LLC

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

Without fully defining the category, we signaled that the caselaw’s nod to the separation of powers was aimed at immunities—specifically, absolute, qualified and sovereign immunity or something comparable. … As a consequence, we explained elsewhere, the lion’s share of “separation-of-power claims” are “clearly not” immediately appealable. O’Connell, 134 F.4th at 1259 (quoting United States v.

Harold S. Close v. United States

397 F.2d 686 · Court of Appeals for the D.C. Circuit · May 13, 1968

Appellee moved to dismiss the complaint upon the ground that the Federal Tort Claims Act waived the immunity of the United States from suit only in respect of negligent acts or omissions of its agencies or employees. … Jail is a contractor of the Federal Government within the meaning of the contractor exception of the FTCA. 1 Since the Congress has clearly committed the custody and safekeeping of federal prisoners upon conviction to the

Michael G. Harr v. United States

705 F.2d 500 · Court of Appeals for the D.C. Circuit · Apr 19, 1983

Harr’s claim arises from the Federal Aviation Administration’s (“FAA”) denial of the medical certificate he needs to qualify as an airline pilot. … The two subsections state that a successful applicant may not have any: established medical history or clinical diagnosis of ...

Wanda A. Oates v. District of Columbia

824 F.2d 87 · Court of Appeals for the D.C. Circuit · Jul 28, 1987

Jones found that Oates was qualified to be football coach and appointed her to the position on June 26, 1985. … This testimony was clearly irrelevant to the private contract theory.

Taylor v. Fed. Aviation Admin.

351 F. Supp. 3d 97 · Court of Appeals for the D.C. Circuit · Nov 26, 2018

But, absent an express waiver of sovereign immunity, an award of interest cannot be recovered against the United States. See Library of Congress v. … Cir. 1986) ("Absent a clearly manifested congressional decision to waive the traditional 'no-interest rule' in government suits, we cannot award ... interest in this case.").

Balkan Energy Ltd. v. Republic Ghana

302 F. Supp. 3d 144 · Court of Appeals for the D.C. Circuit · Mar 22, 2018

First, it asserts that this court lacks subject-matter jurisdiction because Ghana is entitled to immunity under the Foreign Sovereign Immunities Act ("FSIA"). … Instead, as the court clearly explained, it honored the parties' choice-of-law clause contained in the assignment agreement. 5 F.Supp.3d at 36 .

City of Farmington, New Mexico v. Federal Energy Regulatory Commission, Amoco Production Company, Amoco Gas Company, Intervenors

820 F.2d 1308 · Court of Appeals for the D.C. Circuit · Jun 16, 1987

But the NGPA goes on to add an exclusion, which it in turn qualifies. … The Court clearly worked from the premise that “any affiliate,” as used in the clause qualifying § 2(21)(B)’s exclusion, referred to “any affiliate” of any of the types of firms identified in the exclusion.

Beach v. Beach

114 F.2d 479 · Court of Appeals for the D.C. Circuit · Jun 28, 1940

Clearly the characteristics of one’s blood which are expressed' in terms of red and white corpuscles, or of haemo-globin, are part of one’s “physical condition.” 15 We think that the characteristics which are expressed in … In quoting from Judge Cooley to the effect that “The right to one’s per *483 son may be said to be a right of complete immunity: to be let alone,” 1 and in other expressions in its opinion, the Court, I think, made clear

Scanwell Laboratories, Inc. v. John H. Shaffer, Administrator (Acting) of the Federal Aviation Administration

424 F.2d 859 · Court of Appeals for the D.C. Circuit · May 7, 1970

This case is clearly on point and, contrary to ap-pellees’ arguments, supports in very explicit terms the position of the appellant. … SOVEREIGN IMMUNITY The argument that this suit is barred by the doctrine of sovereign immunity, a proposition urged below in the motion to dismiss, is erroneous.

Christopher Beaty, Jr. v. Fair Acres Geriatric Center

Court of Appeals for the D.C. Circuit · Aug 5, 2022

Subsection (a) establishes the immunity from suit and sets out the scope of the protection; subsection (b) explains the role and requirements of the HHS Secretary’s declaration triggering the Act; subsection (c) defines “ … Relatedly, we are skeptical that Congress intended to create a revolutionary new appellate review system without clearly so stating.

Dorothy M. Thompson v. Ralph E. Kennickell, Jr., Public Printer, Dorothy M. Thompson v. Ralph E. Kennickell, Jr., Public Printer

836 F.2d 616 · Court of Appeals for the D.C. Circuit · Jan 8, 1988

Similarly, Congress did not waive the Government’s immunity when it enacted the Equal Pay Act. … Appellees respond that the court could not have demonstrated more clearly that it had considered the relationship between the results and the lodestar figure.

DirecTV, Inc. v. National Labor Relations Board

837 F.3d 25 · Court of Appeals for the D.C. Circuit · Sep 16, 2016

Under Hormel, that is, the Act does immunize disloyalty in a third-party appeal when it is related to-an ongoing employment dispute. … Endicott of course did not establish that all conduct amounting to disloyalty automatically affords grounds for discharge: Endicott came after Hormel, in which we had already established that third-party appeals, even if