Case law

United States v. Bridgeman

523 F.2d 1099 · Court of Appeals for the D.C. Circuit · Nov 28, 1975

Moreover, Judge Bryant had no more authority to grant appellants immunity than Kenneth Hardy; the power to grant immunity resides in the executive and the legislature, McCarthy v. … We conclude that the prosecution was not to be limited to proving property damage where it could also establish injury.

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.

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.

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.

Ethics in Government Act of 1978, as Amended. in Re Franklyn C. NOFZIGER, Mark A. Bragg

956 F.2d 287 · Court of Appeals for the D.C. Circuit · Mar 11, 1992

Waiver of Sovereign Immunity. … Nasser is clearly distinguishable.

Center for Auto Safety v. Elizabeth H. Dole, Secretary, Department of Transportation

828 F.2d 799 · Court of Appeals for the D.C. Circuit · Sep 8, 1987

It would presume nonenforcement decisions immune from judicial review unless Congress demonstrated affirmatively its intent to make these decisions reviewable. … When NHTSA promulgated this regulation, it clearly acknowledged its binding nature.

City of New York v. Train

494 F.2d 1033 · Court of Appeals for the D.C. Circuit · Apr 29, 1974

SOVEREIGN IMMUNITY 8 It is our opinion that the trial court was correct in holding that City's suit is not barred by the principle of sovereign immunity. … This is construction which is absolutely essential if we are to make any meaningful progress toward the national goals established in the bill.

SGCI Holdings III LLC v. FCC

Court of Appeals for the D.C. Circuit · Aug 25, 2026

To establish attribution, Appellants pointed to the fact that when Mr. … Kim when both his identity is clearly known and he is not a foreigner.

Larry Cannon v. United States

645 F.2d 1128 · Court of Appeals for the D.C. Circuit · Apr 1, 1981

The District of Columbia has no such immunity. See Graham v. … The Bureau has established performance standards that nonfederal facilities must meet in order to qualify as boarding facilities for federal prisoners.

Reymundo Mendoza v. Thomas Perez

754 F.3d 1002 · Court of Appeals for the D.C. Circuit · Jun 13, 2014

We believe the district court took too narrow a view of what qualifies as participating in the herding labor market. The plaintiffs have averred they are experienced and qualified herders. … For the reasons explained above, the plaintiffs’ affidavits establish they are “able, willing, . . . qualified, and . . . available” to work as herders. 8 U.S.C. § 1188(a)(1)(A).

Jeff Blau, Tax Matters Partner of RERI Holdings I, LLC v. Commissioner of IRS

924 F.3d 1261 · Court of Appeals for the D.C. Circuit · May 24, 2019

The IRS concededly did not present evidence establishing that it had met this requirement. … Under these circumstances, we cannot say the Tax Court clearly erred. D.

United States v. Henning Heldt and Duke Snider, United States of America v. Mary Sue Hubbard, United States of America v. Sharon Thomas, United States of America v. Gregory Willardson, United States of America v. Richard Weigand, United States of America v. Cindy Raymond, United States of America v. Gerald Bennett Wolfe, United States of America v. Mitchell Hermann

668 F.2d 1238 · Court of Appeals for the D.C. Circuit · Oct 2, 1981

retaining a qualified, good-faith immunity. 79 179 This distinction in principle between quasi-judicial and investigative functions persuades us that a criminal defendant cannot routinely remove prosecutors he dislikes, or … However, when a prosecutor is engaged "in initiating a prosecution," his absolute immunity from civil suit is firmly established. Imbler v. Pachtman, ... 424 U.S. at 431 ( 96 S.Ct. at 995 ). 181 Dellums v.

Silvia Baraldini v. Richard L. Thornburgh, Attorney General

884 F.2d 615 · Court of Appeals for the D.C. Circuit · Sep 8, 1989

On appeal, however, that determination qualifies for de novo review. Cf. Matthews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976). … Meese, 691 F.Supp. at 443 , is clearly erroneous.

Devine v. Goodstein

680 F.2d 243 · Court of Appeals for the D.C. Circuit · Jun 4, 1982

The Constitution itself establishes limits to protections afforded by its provisions. The arbitrator's analysis clearly exceeded those limits. III. … Fisher would have been entitled to a recorded guarantee of criminal use immunity. Even if no such guarantee were provided, full use immunity would have attached in later criminal proceedings as a matter of law. Womer v.

Arizona Public Service Co. v. Environmental Protection Agency

211 F.3d 1280 · Court of Appeals for the D.C. Circuit · May 5, 2000

Some Native American representatives observed that requiring a waiver of sovereign immunity for a tribe to administer a Title V permit program would operate as a disincentive to a tribe’s establishing such programs. … EPA’s interpretation is not clearly contradicted by the statute.

Citizens for Responsibility & Ethics in Wash. & Nat'l SEC. Archive v. Trump

924 F.3d 602 · Court of Appeals for the D.C. Circuit · May 28, 2019

Cir. 1996) (explaining that to qualify for  6 mandamus relief a plaintiff must identify a non-discretionary or “ministerial” duty). … We disagree: the Memo is clearly subject to judicial notice. See Kaspersky Lab, Inc. v. United States Department of Homeland Security, 909 F.3d 446, 464 (D.C.

American Federation of Labor and Congress of Industrial Organizations, Industrial Union Department, Afl-Cio v. F. Ray Marshall, Secretary of Labor

570 F.2d 1030 · Court of Appeals for the D.C. Circuit · Jan 20, 1978

OSHA has also established a broader presence through the general inspection program. Establishments to be inspected are selected out of a random cross-section of establishments of all sizes, in all covered industries. . … Brennan, 390 F.Supp. 972, 975 (D.D.C.1975) (discussing “qualified personnel” criteria). .

United States v. Theodore Douglas

72 F.4th 332 · Court of Appeals for the D.C. Circuit · Jul 7, 2023

In civil cases, officers are entitled to qualified immunity unless already existing precedent clearly demonstrates that there was no reasonable, articulable suspicion. See White v. Pauly, 580 U.S. 73, 79 (2017). … Even if courts doubt that the officer in fact had reasonable suspicion, we must find qualified immunity if the officer’s actions were objectively reasonable. See Hedgpeth v. Rahim, 893 F.3d 802, 807 (D.C. Cir. 2018).

United States v. Manuel Reynoso

38 F.4th 1083 · Court of Appeals for the D.C. Circuit · Jul 1, 2022

Greer held that Rehaif errors at trial normally will not qualify as plain errors of a kind warranting relief in appeals from felon-in-possession convictions. … To qualify for relief on plain-error grounds, the defendant must meet three threshold requirements. United States v. Olano, 507 U.S. 725, 732 (1993).