Case law

Sloan v. United States Department of Housing & Urban Development

236 F.3d 756 · Court of Appeals for the D.C. Circuit · Feb 2, 2001

Although ACHA provided Chandler with copies of the lead tests, Chandler was not qualified to interpret the results. … The grant of jurisdiction and waiver of immunity are subject to a number of express exceptions. See 28 U.S.C. § 2680 .

Natural Resources Defense Council v. Environmental Protection Agency

559 F.3d 561 · Court of Appeals for the D.C. Circuit · Mar 20, 2009

The states have established a network of air quality monitoring stations to measure regional compliance with EPA’s national standards. … Thus, the Act clearly precludes EPA from identifying emissions from clean-up activities as “natural events” that qualify as exceptional events. NRDC Comments, at 4-5.

Hemp Industries Association v. DEA

36 F.4th 278 · Court of Appeals for the D.C. Circuit · Jun 10, 2022

. § 812(a)–(b) (establishing and defining each schedule). … See Establishment of a Domestic Hemp Production Program, 86 Fed. Reg. 5,596 (Jan. 19, 2021).

Overby v. NATIONAL ASS'N OF LETTER CARRIERS

595 F.3d 1290 · Court of Appeals for the D.C. Circuit · Feb 26, 2010

The ATF is a “qualifying plan” under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (ERISA). … The trial court’s findings were certainly not clearly erroneous. 2.

Cook ex rel. Black Employees of the Library of Congress v. Boorstin

763 F.2d 1462 · Court of Appeals for the D.C. Circuit · Jun 7, 1985

Those cases establish only that the percentage of minority employees selected for a given position should be compared to the percentage of minority candidates in the pool of persons qualified for that position, not that the … We think the appellants are clearly correct that evidence of discrimination throughout the Library is relevant to each of their claims.

Wellington Mitchell v. Malcolm Baldrige, Secretary of Commerce

759 F.2d 80 · Court of Appeals for the D.C. Circuit · Apr 5, 1985

The district court’s ultimate finding of fact on the reprisal claim is not clearly erroneous. We therefore affirm the dismissal of that claim. B. … If, on remand, the district court finds that plaintiff was qualified for the position and thus had established a prima facie case, plaintiff must be given an opportunity to rebut the nondiscriminatory reasons on which the

United States v. Richard Anderson, United States of America v. Kenneth v. Greenwood

881 F.2d 1128 · Court of Appeals for the D.C. Circuit · Aug 11, 1989

John Kraemer, a documents examiner with the Metropolitan Police Department and a qualified handwriting expert, testified for the prosecution that, in his opinion, Vanfield was the writer of several of the entries in the notebook … The prosecutor responded by revising the grant of immunity to “[tjransactional immunity for November 19 and use immunity for everything else.”

Michael Baxley v. Daniel Driscoll

Court of Appeals for the D.C. Circuit · Jun 26, 2026

Baxley’s service- connected condition rendered him unemployable and permanently disabled, qualifying him to receive one hundred percent disability benefits. This determination allowed Mr. … As the one seeking an upgrade, Baxley bears the burden of establishing by a preponderance of evidence the existence of either an error or an injustice. 32 C.F.R. § 581.3(e)(2).

Government of Guam v. United States

950 F.3d 104 · Court of Appeals for the D.C. Circuit · Feb 14, 2020

actions against any party that has ever settled any qualifying claim. … What matters is whether what it does require qualifies as “some” of a “response action.”

New York Shipping Ass'n v. Federal Maritime Commission

854 F.2d 1338 · Court of Appeals for the D.C. Circuit · Aug 9, 1988

The other requirements are that the container must be stuffed or stripped, respectively, at the qualified shipper’s or the qualified consignee’s own facilities by its own employees. … It was relied on to establish an abuse of discretion in giving a remedy.

Brannan, Secretary of Agriculture v. Stark Dairymen's League Co-Operative Ass'n, Inc. v. Stark

185 F.2d 871 · Court of Appeals for the D.C. Circuit · Nov 9, 1950

Section 608c(5) (E) defines clearly the kind of market services for which deductions from payments due only to a portion of the producers may be made. … This Bill clearly authorized payments by non-members to qualified cooperatives for market-wide services. In 1938, the Secretary included such payments in an order regulating the New York market area.

United States v. Hoffman

161 F.2d 881 · Court of Appeals for the D.C. Circuit · May 5, 1947

In a civil action brought in the District Court by the Price Administrator, a consent decree was entered enjoining the ap-pellee from selling automobiles at prices in excess of established ceilings. … This latter clause was part of the act amending the Criminal Appeals Act in 1942, and clearly brings this court within the terms of that amended Act.

United States v. Daniel D. Rostenkowski

59 F.3d 1291 · Court of Appeals for the D.C. Circuit · Jul 18, 1995

Lee, 775 F.2d 514, 524 (3d Cir.1985) (“burden of establishing the applicability of legislative immunity, by a preponderance of the evidence, rests with [legislator]”). … Eilberg, 553 F.Supp. 1, 5 (D.D.C.1981) (“strictly official” standard clearly applicable to some congressional phone calls but not so clearly applicable to others).

Jones v. Kennedy

121 F.2d 40 · Court of Appeals for the D.C. Circuit · Mar 17, 1941

The nature of his claims are not clearly indicated, but he suggests at least slander, libel, malicious prosecution, extortion, trespass, assault and battery, and interference with business relationships. … recognizes the doctrine and accepts the challenge of showing acts which fall outside of the immunity.

In Re: Bertram Zweibon

565 F.2d 742 · Court of Appeals for the D.C. Circuit · Sep 21, 1977

Insofar as these Rules impose time barriers, their warning signals must be read in terms of the Rules’ own definitions and underlying concepts; in these terms the Rules clearly distinguish between a “pleading” and a motion … The “good faith” defense was defined thus: [W]e find that a good faith defense to liability, whether under the Bivens rationale or the statutory theory, will be established if [Mitchell] can demonstrate (1) that they had

Quinn v. United States

203 F.2d 20 · Court of Appeals for the D.C. Circuit · Apr 13, 1953

Government employees, who have no such immunity, might have feared the consequences of a similar attack following a refusal to indict. … Sinclair was clearly apprised that his reasons for withholding testimony were rejected by the committee.

George Hyman Construction Co. v. Washington Metropolitan Area Transit Authority

816 F.2d 753 · Court of Appeals for the D.C. Circuit · Apr 21, 1987

First, the BCA found that Hyman had a right to receive home office overhead costs as calculated by the formula established in Eichleay Corp., 60- 2 B.C.A. (CCH) 112688 (1960), aff'd on reconsideration, 61- 1 B.C.A. … We cannot see how the Virginia court could more clearly have signaled its dissent from the federal rule, which encourages the construction of language in statutes creating commercially-oriented governmental instrumentalities

Lorenz v. United States

24 App. D.C. 337 · Court of Appeals for the D.C. Circuit · Dec 13, 1904

The introductory statement of the indictment was clearly meant to be applicable to all of the twelve counts. … The inspectors who took the statement of Groff denied his statements as to illness, threats, threatening manner, and offer of immunity.

National Retired Teachers Association v. United States Postal Service

593 F.2d 1360 · Court of Appeals for the D.C. Circuit · Feb 26, 1979

For this reason, the Director’s determination that the cooperative mailing proposed here fell within the rule is clearly supportable. 23 Affirmed. 1 . 40 Fed.Reg. 37209 (1975). 2 . … Decision of the Governors of the United States Postal Service on Establishing a Mail Classification Schedule (June 2, 1976).

Chinese American Civic Council v. Attorney General of the United States

566 F.2d 321 · Court of Appeals for the D.C. Circuit · Oct 11, 1977

by Congress and implemented by the Service to qualify as refugees. … The effect on the decision of these recent developments was also clearly stated.