Case law

Wye Oak Technology, Inc. v. Republic of Iraq

109 F.4th 509 · Court of Appeals for the D.C. Circuit · Jul 16, 2024

Iraq is immune from suit, so we have no jurisdiction. … To establish a statutory exception to Iraq’s sovereign immunity under that clause, Wye Oak must show that its lawsuit is (1) based on an act by the foreign state outside the United States; (2) that was taken in connection

Murray Israel, M.D. v. Baxter Laboratories, Inc.

466 F.2d 272 · Court of Appeals for the D.C. Circuit · Aug 9, 1972

The larger companies established a joint trust fund, sustained by monthly contributions based on each firm’s gross income, to finance resistance to all applications filed by their competitors. … Finkel’s allegation of official immunity and, therefore, it is not before this Court on appeal.

United States v. Thomas

572 F.3d 945 · Court of Appeals for the D.C. Circuit · Jul 21, 2009

Thomas asserts we should revisit our decision disposing of his first appeal because it “was clearly erroneous on each issue.” Thomas Br. at 22. … Our Circuit law was then clear that the Government bears the responsibility “ ‘to produce such documents as are necessary’ ” to establish that a prior offense qualifies as a predicate for sentence enhancement.

Muscogee Creek Indian Freedmen Band, Inc. v. Bernhardt

385 F. Supp. 3d 16 · Court of Appeals for the D.C. Circuit · May 6, 2019

The Ninth Circuit disagreed, finding that "exhaustion was pointless because the tribal court jurisdiction was clearly foreclosed by the sovereign immunity of the United States." Id. at 860-61 . … See Id. at 443 ("[b]ecause the claims not necessarily barred by these immunities may have arisen on the reservation...")

Lukens Steel Co. v. Perkins

107 F.2d 627 · Court of Appeals for the D.C. Circuit · Aug 4, 1939

of which, apart from the sovereign’s immunity, the plaintiff was clearly entitled. … McAdoo, 234 U.S. 627, 631 , 34 S.Ct. 938 , 58 L.Ed. 1506 . (4) While it is contended that one of appellants has lost one contract, the injury which appellants in general anticipate is too contingent to qualify as irreparable

Tomasello, Louis v. Rubin, Robert

Court of Appeals for the D.C. Circuit · Feb 23, 1999

Tomasello claimed that the disposal method he used was "clearly authorized." … He does not challenge the district court's finding that Gagliardi and Hart were better qualified.

Lin Qi-Zhuo v. Doris Meissner, Commissioner, United States Immigration and Naturalization Service

70 F.3d 136 · Court of Appeals for the D.C. Circuit · Nov 21, 1995

United States, 877 F.2d 101, 105 (D.C.Cir.1989), at least in the absence of “a clearly expressed legislative intent to the contrary.” Reves v. … Paul Simon stating that “Chinese who otherwise qualify for the protections we established against forced return should not be barred because they entered the United States without inspection.”

United States Ex Rel. Long v. SCS Business & Technical Institute, Inc.

173 F.3d 890 · Court of Appeals for the D.C. Circuit · Apr 30, 1999

s rule is premised on a court's lack of power to reach the merits without establishing its jurisdiction. … Yet Steel Co. clearly requires a court to decide jurisdiction first.

Perry Capital LLC v. Steven Mnuchin

848 F.3d 1072 · 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, two circuit court decisions do not so clearly “settle!

Department Of The Army v. Federal Labor Relations Authority

56 F.3d 273 · Court of Appeals for the D.C. Circuit · Aug 9, 1995

Because the United States has not clearly waived its immunity from suit for this monetary relief, we grant the petition for review, deny the application for enforcement, and vacate the disputed portion of the order under … The answer is clearly negative; the term "action" is simply not clear or specific enough to support such a waiver.

Black Broadcasting Coalition of Richmond v. Federal Communications Commission, Roy H. Park Broadcasting of Virginia, Inc., Intervenor

556 F.2d 59 · Court of Appeals for the D.C. Circuit · Jul 20, 1977

or qualifiable minority employees. 7 The Commission, on the other hand, found WTVR’s “list of on-going community contacts [to be] calculated to routinely refer qualified Black and women applicants to the licensee, whenever … Stations are obligated to establish contacts in their communities of license which would be likely to foster an interest in broadcasting among minorities and would also bring the station’s interest to the' attention of qualified

Beverly Hospital v. Bowen

872 F.2d 483 · Court of Appeals for the D.C. Circuit · Apr 14, 1989

To remain in the Medicare program, hospitals had to enter into qualifying agreements with PROs by November 15, 1984. … We reject the Secretary’s plea of sovereign immunity. Plaintiffs are not impeded by sovereign immunity for they seek only funds to which they are entitled under a statute. See Bowen v.

The National Association for the Advancement of Colored People v. Benjamin R. Civiletti, in His Official Capacity as the Attorney of the United States, Marilyn W. Andrulis v. United States of America

609 F.2d 514 · Court of Appeals for the D.C. Circuit · Jan 4, 1980

Finney also relied on legislative history which focused directly on state liability and established unequivocally that Congress intended the Awards Act to waive state immunity. 98 S.Ct. at 2575-76 . … However, it is well established that Congress in waiving governmental immunity has the power to waive immunity entirely or to waive it for some purposes and retain it for others.

Confederated Tribes v. Steven Mnuchin

976 F.3d 15 · Court of Appeals for the D.C. Circuit · Sep 25, 2020

See Procedures for Establishing that an American Indian Group Exists as an Indian Tribe, 43 Fed. … For the government, the upshot is that ANCs need not satisfy the recognition clause to qualify as Indian tribes.

Edison Electric Institute v. U.S. Environmental Protection Agency

996 F.2d 326 · Court of Appeals for the D.C. Circuit · Jun 18, 1993

These statements clearly indicated that the EPA had not yet reached a final position with respect to the storage of mixed wastes. … Reviewability of the EPA’s Enforcement Policy The EPA next argues that its Enforcement Policy Statement is immune from review under Heckler v. Chaney, 470 U.S. 821 , 105 S.Ct. 1649 , 84 L.Ed.2d 714 (1985).

In re: Omar Khadr

823 F.3d 92 · Court of Appeals for the D.C. Circuit · May 20, 2016

Government means – clearly and indisputably – that Judge Pollard may not serve as an impartial judge on the U.S. Court of Military Commission Review. … Putting those two points together, Khadr must show “clearly and indisputably” that the statute does not authorize Judge Pollard’s dual employment. We cannot say that.

Megapulse, Inc. v. Lewis

672 F.2d 959 · Court of Appeals for the D.C. Circuit · Jan 29, 1982

It also noted, however, the “well-established rule [under the Tucker Act] that jurisdiction over government contract disputes lies exclusively in the Court of Claims, which cannot issue an injunction.” 13 Faced with the question … Chrysler clearly states that “any disclosure that violates § 1905 [Trade Secrets Act] is ‘not in accordance with law’ within the meaning of 5 U.S.C. § 706 (2)(A).” Id.

United States v. Stephen Bannon

101 F.4th 16 · Court of Appeals for the D.C. Circuit · May 10, 2024

Bannon insists that “willfully” should be interpreted to require bad faith and argues that his noncompliance does not qualify because his lawyer advised him not to respond to the subpoena. … Clark therefore instructed Bannon to invoke, “where appropriate,” any immunities and privileges Bannon “may have.” Id.

Richard M. Nixon, President of the United States v. The Honorable John J. Sirica, United States District Judge, and Archibald Cox, Special Prosecutor, Watergate Special Prosecution Force, Party in Interest. United States of America v. The Honorable John J. Sirica, Chief Judge, United States District Court for the District of Columbia, and Richard M. Nixon, President of the United States, Party in Interest. In Re Grand Jury Proceedings

487 F.2d 700 · Court of Appeals for the D.C. Circuit · Oct 25, 1973

The Executive Privilege Cases 226 The majority relies on a line of cases which recognize a qualified "executive privilege" where a civil litigant seeks disclosure of relevant government documents. 68 In formulating this qualified … It Might establish an unfortunate precedent."

Wye Oak Technology, Inc. v. Republic of Iraq

Court of Appeals for the D.C. Circuit · Jul 16, 2024

Iraq is immune from suit, so we have no jurisdiction. … To establish a statutory exception to Iraq’s sovereign immunity under that clause, Wye Oak must show that its lawsuit is (1) based on an act by the foreign state outside the United States; (2) that was taken in connection