Case law

Leonard A. Sacks & Associates v. International Monetary Fund

26 F.4th 470 · Court of Appeals for the D.C. Circuit · Feb 25, 2022

The Fund sought removal under the Bretton Woods Act, which establishes that actions by or against the IMF arise under federal law and may be litigated in federal court. See 22 U.S.C. § 286g. … The Court was therefore satisfied “that under the agreement the Tribe proposed and signed, the Tribe clearly consented to arbitration and to the enforcement of arbitral awards in Oklahoma state court,” and “thereby waived

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.

Rempfer v. Sharfstein

583 F.3d 860 · Court of Appeals for the D.C. Circuit · Sep 29, 2009

In October 2006, DOD announced resumption of the mandatory immunization program. First Am. Compl. ¶ 48. … “[I]t is the burden of the party who seeks the exercise of jurisdiction in his favor clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute.” FW/PBS, Inc. v.

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.

Stanley Spencer v. National Labor Relations Board

712 F.2d 539 · Court of Appeals for the D.C. Circuit · Jun 28, 1983

For the purposes of the EAJA, the more clearly established are the governing norms, and the more clearly they dictate a result in favor of the private litigant, the less “justified” it is for the government to pursue or persist … First, the Board’s litigation position certainly was not inconsistent with any clearly established law; at the time the Board took and defended its position in litigation, no court had held that Section 9(b)(1) so clearly

Carl Eric Olsen v. Drug Enforcement Administration, Carl Eric Olsen v. John Lawn, Administrator, Drug Enforcement Administration

878 F.2d 1458 · Court of Appeals for the D.C. Circuit · Jun 20, 1989

Graham, 845 F.2d 179, 183 (8th Cir.1988) (member of Native American Church was discharged from state employment because of her use of peyote; court upheld defendants’ qualified immunity plea to constitutional tort claim because … it could not say discharge violated a "clearly established” first amendment right); Peyote Way Church of God v.

President & Directors of Georgetown College v. Hughes

130 F.2d 810 · Court of Appeals for the D.C. Circuit · Jun 30, 1942

The common law of Maryland was not established until 1885. Perry v. House of Refuge, 1885, 63 Md. 20 , *812 52 Am.Rep. 495 . It is therefore not controlling. … established principles.

Calvary Baptist Church Extension Ass'n v. District of Columbia

158 F.2d 327 · Court of Appeals for the D.C. Circuit · Dec 9, 1946

But, in the view we take of the broad language of subsection (n), the Board’s conclusion that the property was not primarily and regularly used for religious worship or missionary activity is clearly wrong. … The Baptist Convention is an organization of Baptist Churches in the District of Columbia and nearby Maryland, to combine and direct the energies of the Baptist denomination in establishing and extending evangelical, missionary

Waterman Steamship Corporation v. Maritime Subsidy Board, Farrell Lines, Incorporated v. James H. Burnley, IV

901 F.2d 1119 · Court of Appeals for the D.C. Circuit · Apr 20, 1990

Plaintiffs should have an opportunity to establish that the differential was caused by their litigative success and constitutes enough of a victory to qualify them as at least partially prevailing parties. … Helms never obtained ultimate victory; the district court found damages barred by qualified immunity and Helms himself failed to pursue the only other remedy discussed, expungement of the offending record.

Alfa Int'l Seafood, Inc. v. Ross

320 F. Supp. 3d 184 · Court of Appeals for the D.C. Circuit · Aug 10, 2018

Clearly then, the term "future relitigation" encompasses other matters. … In that case, government officials appealed a decision granting them qualified immunity from suit, but holding that they violated the plaintiff's constitutional rights. Camreta , 563 U.S. at 699 -700 , 131 S.Ct. 2020 .

Federal Electric Corporation v. Frank Carlucci, Secretary of Defense

866 F.2d 1530 · Court of Appeals for the D.C. Circuit · Feb 7, 1989

On February 25, 1987, FEC wrote the Navy that FEC considered the reports confidential and asserted their immunity from disclosure under FOIA Exemption 4, 5 U.S. … This evidence, about which there was no genuine dispute of material fact, clearly supports the district court’s finding that FEC was not prejudiced in the solicitation by the Navy’s release of FEC’s cost data.

Robbins v. Footer

553 F.2d 123 · Court of Appeals for the D.C. Circuit · Jan 21, 1977

Davis to establish his familiarity with the local medical practice in the District of Columbia. We hold that both the trial court’s disqualification of Dr. … drive rural doctors out of practice, leaving small communities without any doctors. 10 Early in the history of the locality rule it became obvious that strict adherence to the same locality requirement could completely immunize

Ford v. Mabus

629 F.3d 198 · Court of Appeals for the D.C. Circuit · Dec 10, 2010

Absent evidence that Ford was “significantly better qualified” than Johnson, Holcomb, 433 F.3d at 897 , the district court did not err, much less clearly so, by refusing to draw an inference of discrimination. … Consider a case where the evidence clearly establishes that in rejecting an applicant for a job, the federal employer relied both on the applicant’s age and on his qualifications relative to other applicants.

Jahinnslerth Orozco v. Merrick Garland

60 F.4th 684 · Court of Appeals for the D.C. Circuit · Feb 17, 2023

It did not, so Section  10 794d(f)(3)’s own definition of qualifying plaintiffs—any individual with a disability who has filed a complaint about technology accessibility—controls, permitting … That is enough to establish jurisdiction. See Doak, 798 F.3d at 1104.

Atkinson, Jane E. v. Kestell, Robert J.

Court of Appeals for the D.C. Circuit · Nov 13, 1998

Recognizing the more substantial hurdle of the Bank's immunity under the IOIA, appellant brought this declaratory judgment action in the district court to establish that the Bank had waived its immunity, and in the alternative … Nor would those costs be justified by the benefit of attracting highly qualified staff members, in light of the Bank's already established administrative tribunal to resolve employees' contract grievances.

United States v. Cook

330 F. App'x 1 · Court of Appeals for the D.C. Circuit · Apr 21, 2009

Even assuming arguendo Cook’s statements were entitled to immunity, Garrity would only prevent their use in a prosecution for the underlying assault. … Here, the reports were used to prove the false statements charge — a clearly admissible use. Friedrick, 842 F.2d at 394 -95 n. 16 (citing United States v.

Lanphear v. Prokop

703 F.2d 1311 · Court of Appeals for the D.C. Circuit · Apr 1, 1983

The District Court’s Opinion The district court found that appellant “easily established his prima facie case.” 25 We agree. He was amply qualified for the CAO position. … But in order to establish pretext appellant need not show that Flanagan was unqualified. He need only show that he himself, contrary to the MSPB’s assertions, was fully qualified.

Barbour v. Merrill

48 F.3d 1270 · Court of Appeals for the D.C. Circuit · Mar 10, 1995

Medlantic and Merrill first maintain that Barbour failed to establish a prima facie ease of discrimination because he did not demonstrate that he was qualified for the Director’s position. … To establish a violation of section 1985(3), Barbour must allege and prove, among other things, that two or more persons conspired to deprive him of the equal protection of the laws or of equal privileges and immunities under

United States v. Philip Morris Inc.

314 F.3d 612 · Court of Appeals for the D.C. Circuit · Jan 7, 2003

Clearly, the privilege question is separable from the merits of the underlying case. … 506 U.S. 139 , 113 S.Ct. 684 , 121 L.Ed.2d 605 , and qualified immunity, Mitchell v.

Physicians For Social Responsibility v. Wheeler

359 F. Supp. 3d 27 · Court of Appeals for the D.C. Circuit · Feb 12, 2019

. *48 But the statutes establishing EPA advisory committees do not require EPA "to recruit the most qualified scientists." … Physicians and amici are clearly correct that the Directive is a shift in EPA's practice.