Case law

United States v. Gregory Errington Gaulteau

4 F.3d 1003 · Court of Appeals for the D.C. Circuit · Sep 21, 1993

As one district judge recognized recently, we “clearly did not indicate that [the hydroxyl radical description] was the sole acceptable definition of cocaine base.” United States v. … . § 841 (b)(1) is unconstitutionally vague in the absence of an established definition of the term “cocaine base,” is without merit.

New York v. U.S. Dept. Of Labor

363 F. Supp. 3d 109 · Court of Appeals for the D.C. Circuit · Mar 28, 2019

The Final Rule is clearly an end-run around the ACA. … The text of the statute clearly anticipates a relationship between two parties.

George Hyman Construction Company v. Washington Metropolitan Area Transit Authority George Hyman Construction Company 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) p 2688 (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

Charles E. Williams v. Hot Shoppes, Inc.

293 F.2d 835 · Court of Appeals for the D.C. Circuit · May 22, 1961

It is also clear that there must be a deprivation of a right, privilege or immunity “secured by the Constitution and laws” of the United States. … Similarly, the argument based upon reasonable mistake of law reaches too far beyond the established lines of constitutional authority to be sustained.

General Railway Signal Co. v. Washington Metropolitan Area Transit Authority

875 F.2d 320 · Court of Appeals for the D.C. Circuit · May 12, 1989

It is well-settled that a sovereign is immune from liability for interest unless it has waived its immunity by statute or contract. See, e.g., United States v. … Clearly, though, WMATA’s debt to GRS was not liquidated.

United States v. Cisneros, Henry G.

Court of Appeals for the D.C. Circuit · Mar 9, 1999

The order before us is therefore far from the sort of "fully consummated decision" qualifying as a collateral order. Abney, 431 U.S. at 659. … Most separation-of-powers claims are clearly not in that category. See, e.g., Mistretta v. United States, 488 U.S. 361 (1989). A few may be.

Laker Airways Ltd. v. Sabena, Belgian World Airlines

731 F.2d 909 · Court of Appeals for the D.C. Circuit · Mar 6, 1984

This position was qualified by the Court of Appeal. See Court of Appeal Judgment at 583-84, supra note 15. . … The specific terms of this treaty, upon which British Caledonian and British Airways rely to establish their purported immunity from United States antitrust laws, remains unclear.

Judicial Watch, Inc. v. Adam B. Schiff

998 F.3d 989 · Court of Appeals for the D.C. Circuit · Jun 4, 2021

That its lawsuit seeks “only the disclosure of public records,” rather than to establish criminal or civil liability, does not render the Speech or Debate Clause inapplicable. Appellant Br. 10. … s “issuance of the requested subpoenas was just such a preliminary step to gather information pertinent to the Committee’s task of deciding whether to recommend impeachment of the President and thus the subpoenas do not qualify

Eunice Samuels, Lorraine Warren v. District of Columbia

770 F.2d 184 · Court of Appeals for the D.C. Circuit · Aug 6, 1985

Congress was also clearly aware of the present regulations when it added the grievance procedure provision to the Act, and it clearly enacted section 1437d(k) to preserve the current regulatory structure. … Thus even on the assumption that the District can claim eleventh amendment immunity from suits in federal court, the plaintiffs’ section 1983 claim would survive a sovereign immunity challenge under the well-settled principle

W. Astor Kirk and Vivian M. Kirk v. Commissioner of Internal Revenue

425 F.2d 492 · Court of Appeals for the D.C. Circuit · Apr 9, 1970

The Tax Court found that the excerpts from the Methodist Church Discipline “clearly establish the Board of Christian Social Concerns as an institution dedicated to the spreading of the ‘gospel’ — the glad tidings or message … There is no contention here that Kirk qualifies as a minister of the gospel. 10 .

In Re Sealed Case No. 97-3112

181 F.3d 128 · Court of Appeals for the D.C. Circuit · Jul 9, 1999

“Substantial” assistance is the minimum necessary to qualify for a section 5K1.1 departure; it does not serve as both a floor and a ceiling. … See Doe, 465 U.S. at 616 , 104 S.Ct. 1237 ("The decision to seek use immunity necessarily involves a balancing of the Government's interests in obtaining information against the risk that immunity will frustrate the Government's

Horowitz, Michael G. v. Peace Corps

428 F.3d 271 · Court of Appeals for the D.C. Circuit · Oct 28, 2005

Hence, the document qualified as deliberative and predecisional. We are not persuaded the district court’s findings on these points are clearly erroneous. The draft is remarkably candid. … Horowitz has not shown that files in the safe are, in practice, retrieved by individuals’ names; hence, he has not “establish[ed] the existence of an element essential to his case,” namely, whether the safe qualifies as a

United States v. David F. Durenberger

48 F.3d 1239 · Court of Appeals for the D.C. Circuit · Feb 24, 1995

“Like speech or debate immunity, separation of powers immunity should protect legislators from the burden of litigation and diversion from congressional duties, whether the litigation be civil or criminal.” … Durenberger relies on four sources to establish that a Senator's ownership of a lodging would not bar reimbursement: (1) nothing in the 1987 or 1988 federal statutes or Senate travel regulations prohibited a Senator from

Anatol Zukerman v. USPS

64 F.4th 1354 · Court of Appeals for the D.C. Circuit · Apr 14, 2023

The District Court found that Zukerman had clearly established standing sufficient to pursue this action: Zukerman initiated this action in December 2015. … Greene, 563 U.S. 692, 704-05 (2011) (permitting officers to challenge holding that their conduct violated the Constitution even though they received qualified immunity).

Trans-Bay Engineers and Builders, Inc. v. Carla A. Hills, Secretary of Housing and Urban Development

551 F.2d 370 · Court of Appeals for the D.C. Circuit · Dec 30, 1976

question for we have other statutes that establish jurisdiction in the district court, once the barrier of sovereign immunity is hurdled by § 1702. … The record clearly does not support summary judgment for HUD on this point.

Jacqueline Halbig v. Sylvia Mathews Burwell

Court of Appeals for the D.C. Circuit · Jul 22, 2014

. §§ 18021(a)(1), 18031(c)(1) (establishing requirements for “qualified health plans”). … Section 1312(a)’s actual language simply establishes the right of a qualified individual to enroll in any qualified health plan, at any level of coverage.7 On this reading, giving the phrase “established by the State” its

General Railway Signal Co. v. Washington Metropolitan Area Transit Authority, General Railway Signal Co. v. Washington Metropolitan Area Transit Authority

875 F.2d 320 · Court of Appeals for the D.C. Circuit · May 12, 1989

It is well-settled that a sovereign is immune from liability for interest unless it has waived its immunity by statute or contract. See, e.g., United States v. … Clearly, though, WMATA's debt to GRS was not liquidated.

National Lime Ass'n v. Environmental Protection Agency

233 F.3d 625 · Court of Appeals for the D.C. Circuit · Dec 15, 2000

According to EPA, the potential health effects of these pollutants include inflammation of the respira- tory tract, reproductive problems, cancer, nausea, blood disor- ders, and damage to the immune system. … The EPA cites no authority--and we know of none-- suggesting that the position taken by one association affects the right of another to seek judicial review; and although the possibility of an adverse precedent is clearly

United States v. Wesley C. Paxson, Sr.

861 F.2d 730 · Court of Appeals for the D.C. Circuit · Nov 18, 1988

The District Judge, in taking from the jury the question of materiality, followed the well-established law of this Circuit. See United States v. … As we have previously held, “[t]he clearly erroneous standard ordinarily governs review of a judge’s findings in a criminal case on issues other than the defendant’s guilt.” United States v.

Maalouf v. Islamic Republic of Iran

306 F. Supp. 3d 203 · Court of Appeals for the D.C. Circuit · Mar 30, 2018

First, the lawsuit is clearly untimely under governing law. And second, the defendant is the Islamic Republic of Iran. Should a court rule against Iran in absentia? … The plaintiffs relied on the "terrorism exception" embedded in the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602 - 11, which eliminates immunity in cases seeking damages against designated state sponsors of terrorism