Case law

Cottone, Salvatore v. Reno, Janet

193 F.3d 550 · Court of Appeals for the D.C. Circuit · Oct 26, 1999

The second proposition, however, is the exception that qualifies this oth- erwise absolute rule. … Under our public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record. See Niagara Mohawk Power Corp. v.

Bancoult, Olivier v. McNamara, Robert S.

445 F.3d 427 · Court of Appeals for the D.C. Circuit · Apr 21, 2006

The court began by addressing the claims against the individual defendants, granting those defendants immunity under the Westfall Act, 28 U.S.C. § 2679. Bancoult, 370 F. Supp. 2d at 6- 10. … The Attorney General so certified, and the district court found that the Chagossians did not rebut the certification or show that an exception to Westfall immunity should apply. Id. at 10.

Transamerican Steamship Corporation v. Somali Democratic Republic Somali Shipping Agency, Transamerican Steamship Corporation v. Somali Democratic Republic

767 F.2d 998 · Court of Appeals for the D.C. Circuit · Jul 17, 1985

In accordance with the restrictive view of sovereign immunity reflected in the FSIA, the burden of proof in establishing the inapplicability of these exceptions is upon the party claiming immunity, in this case the SDR and … In re Arbitration Between Maritime Int'l Nominees Establishment v.

In Re: Madison Guarantee Savings & Loan

Court of Appeals for the D.C. Circuit · Jan 13, 2004

The Subject Requirement While the whole of Lewinsky’s fees will be disallowed for failure to meet the ‘‘but for’’ requirement of the Act, we would not reach that question if she did not qualify under the subject requirement … We doubt whether she has established even that; but even if she had, it would not be sufficient.

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.

Murray Braun v. United States

31 F.4th 793 · Court of Appeals for the D.C. Circuit · Apr 19, 2022

The Foreign Sovereign Immunities Act authorizes courts to order foreign state sponsors of terrorism to pay damages to their victims. See 28 U.S.C. §§ 1605A, 1606. … In addition to establishing the fund, the Terrorism Act sets forth rules for the fund’s administration.

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.

Owner-Operator Independent Drivers Ass'n v. United States Department of Transportation

724 F.3d 230 · Court of Appeals for the D.C. Circuit · Jul 26, 2013

Specifically, § 4116 of the Act, which governs the “Medical program,” requires the Secretary of Transportation to “establish and maintain a current national registry of medical examiners who are qualified to perform examinations … And certification is itself a part of satisfying “established medical standards.”

Shoshone-Bannock Tribes v. Janet Reno, Attorney General of the United States

56 F.3d 1476 · Court of Appeals for the D.C. Circuit · Jun 28, 1995

Nor had the Tribes established an attorney-client relationship between themselves and the United States that might require the Attorney General to file their claims. … These opinions do not establish that the United States had agreed to file any off-reservation water rights claim for the Tribes.

Samuel Friedman v. Bache Halsey Stuart Shields, Inc. Samuel Friedman v. Bache Halsey Stuart Shields, Inc.

738 F.2d 1336 · Court of Appeals for the D.C. Circuit · Jul 3, 1984

To be sure, the party asserting a privilege has the burden of establishing its existence. Black v. Sheraton Corp. of America, 564 F.2d 531, 547 (D.C.Cir.1977). … Winner, 641 F.2d at 828 (convict’s claim against prosecutor that documents showing he had been granted immunity were wrongfully withheld by the Government); Black v.

United States v. Jose Garcia Sota

948 F.3d 356 · Court of Appeals for the D.C. Circuit · Jan 21, 2020

The amendment clearly included the U.S. … In this case, the defendants wounded one American law enforcement officer, Agent Avila, who qualified for protection under § 1116, and they killed another agent, Agent Zapata, who qualified for protection only under § 1114

Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections

778 F.2d 878 · Court of Appeals for the D.C. Circuit · Feb 18, 1986

Grant, that she was better qualified, to be “clearly pretextual.” 598 F.Supp. at 68 . With the case in this pos *881 ture, Ms. King argues, the District Court was required under Burdine to enter judgment in her favor. … But appellees’ explanations here were found to be “clearly pretextual.”

J. Gary Shaw v. Federal Bureau of Investigation

749 F.2d 58 · Court of Appeals for the D.C. Circuit · Dec 5, 1984

This clearly establishes that Director Hoover did not have investigation of a federal crime in mind. … evidence that the inquiry qualified for the exemption.

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

Magliore v. Brooks

844 F. Supp. 2d 38 · Court of Appeals for the D.C. Circuit · Feb 22, 2012

J. at 1), the only two grounds advanced for judgment favoring Brooks on the excessive force and assault and battery claims were qualified immunity and privileged use of force (Defs.' Mem. of P. and A. at 11-13, 14-17). … The complaint does not clearly specify which defendants are alleged to be liable in each count.

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.

Jesse B. Manbeck v. Gerald S. Ostrowski

384 F.2d 970 · Court of Appeals for the D.C. Circuit · Jul 28, 1967

That appellant might have raised another defense — a qualified privilege to say what he was accused of saying — became apparent as the trial progressed. … president, and his audience composed exclusively of its members, had a mutual interest; and under these circumstances the fact that appellee was the union’s attorney, rather than an officer or member, did not dissipate the immunity

Porter, Melvin v. Natsios, Andrew S.

414 F.3d 13 · Court of Appeals for the D.C. Circuit · Jul 1, 2005

Porter maintains that he was denied a fair opportunity to compete for the position when his name was initially omitted from the list of best qualified candidates, that a less-qualified candidate was pre- selected for the … Moreover, while Porter invokes the presumption in favor of awarding back pay established in Albemarle Paper Co. v.

Huashan Zhang v. U.S. Citizenship & Immigration Servs.

344 F. Supp. 3d 32 · Court of Appeals for the D.C. Circuit · Nov 30, 2018

Therefore, to qualify, a petition must establish that the alien *45 investor "secured the loan using assets for which they own and are personally and primarily liable." Id. … Evaluating the fourth factor, however, clearly suggests that USCIS' interpretation is a legislative rule.

Butte County, Cal. v. Hogen

613 F.3d 190 · Court of Appeals for the D.C. Circuit · Jul 13, 2010

Bidwell had established a Mechoopda Indian village for their Indian employees, and Mrs. … The administrative record is replete with evidence that establishes the Tribe is the historical Mechoopda tribe with the requisite connections.