Case law

Oliver L. North v. Lawrence E. Walsh, in His Official Capacities as "Independent Counsel" and "Independent Counsel: Iran/contra,"

881 F.2d 1088 · Court of Appeals for the D.C. Circuit · Aug 23, 1989

We need not decide whether FOIA pleas must always be asserted in a separate complaint. 8 The statutory language, however, clearly requires that the person seeking disclosure of information, after recourse to an administrative … It is well-established that "the government need not justify its withholdings document-by-document; it may instead do so category-of-document by category-of-document.” Crooker v.

James R. Spencer v. General Hospital of the District of Columbia

425 F.2d 479 · Court of Appeals for the D.C. Circuit · Nov 10, 1969

city and its “specific and clearly defined duty.” … See Seasongood, Municipal Corporations : Objections to the Governmental or Proprietary Test, 22 Va.L.Rev. 910, 914-915 (1936) : “The London police force was not established until 1829.

Barrier Industries, Inc. v. Jack M. Eckard

584 F.2d 1074 · Court of Appeals for the D.C. Circuit · Aug 15, 1978

Their [sic] production requirements of the Act have clearly been met. Thus Barrier’s concentration on the sample is insufficient to establish the Center’s incapability. … This allegation, however, along with others advanced by the appellants, clearly constitutes the kind of prima facie showing called for by the criteria established by this court in Scanwell Laboratories, [ 137 U.S.App.D.C.

Jankovic v. International Crisis Group

593 F.3d 22 · Court of Appeals for the D.C. Circuit · Jan 29, 2010

The understanding that Report 145 accused Jankovic of “supporting” the Milosevic regime clearly derives from sentences 5 and 6 of the passage. … argument, ICG says that the “factual basis for the connection between Zepter and the Milosevic regime that this Court held could be gleaned from [Report 145] is fully disclosed to the reader,” and that therefore ICG should be immune

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.

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.

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

David De Csepel v. Republic of Hungary

Court of Appeals for the D.C. Circuit · Jan 23, 2026

An order denying sovereign immunity is interlocutory, Exxon Mobil Corp. v. Corporacion CIMEX, S.A., 111 F.4th 12, 22 (D.C. … Nor did the court clearly err in concluding that In the Studio was likely taken when it would have been subject to the 1973 Agreement settling all claims of U.S. nationals for pre- 1973 takings.

Gregory Selden v. Airbnb, Inc.

4 F.4th 148 · Court of Appeals for the D.C. Circuit · Jul 13, 2021

which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment … platform was a public accommodation or qualifying dwelling.

United Mexican States v. Lion Mexico Consolidated L.P.

Court of Appeals for the D.C. Circuit · Apr 7, 2026

The treaty established the Free Trade Commission, an entity comprising the trade ministers of the three NAFTA signatories, to supervise its implementation and interpretation. … Mexico cites the district court’s statement, made while questioning counsel at oral argument, that “a literal reading of 1105(1) clearly does not apply to investors.” See Mex. Br. 20-21.

Leola M. Broadnax v. United States Army. Leola M. Broadnax v. U.S. Army Hospital Nuremberg

710 F.2d 865 · Court of Appeals for the D.C. Circuit · Jun 24, 1983

It is well established that the United States can be sued only to the extent that it *867 waives its sovereign immunity. See Dalehite v. United States, 346 U.S. 15, 30-31 , 73 S.Ct. 956, 965 , 97 L.Ed. 1427 (1953). … In this case, the Secretary’s denial of the claim clearly was a “settlement” within the meaning of § 2735 and therefore would be barred under these cases.

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 .

Sloan, Leon Sr. v. HUD

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. s 2680.

Avena v. Immigration & Naturalization Service

989 F. Supp. 1 · Court of Appeals for the D.C. Circuit · Nov 7, 1997

Moreover, the OAA “determined that the petitioner had not established that she was qualified for a religious worker position, or that the position offered qualified as. that of a ‘religious worker\” (A.R. at 138-145.) … If it has, then the court must give effect to the clearly expressed intent of Congress. Id. at 842-43 , 104 S.Ct. at 2781-82 .

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

John Doe v. Federal Bureau of Investigation, John Doe v. Federal Bureau of Investigation

936 F.2d 1346 · Court of Appeals for the D.C. Circuit · Sep 25, 1991

As a result, the treatment of recompiled records under FOIA is fairly straightforward: “[o]nce it is established that information was compiled pursuant to a legitimate law enforcement investigation and that disclosure of … The FBI’s exemption regulation provides two justifications for immunizing the CRS from the access and amendment provisions of subsection (d).

Independent Broker-Dealers' Trade Association v. Securities & Exchange Commission

442 F.2d 132 · Court of Appeals for the D.C. Circuit · May 18, 1971

But we do not think immunity from judicial consideration and correction may be claimed for the agency activity before us. … The word “immune” in the foregoing paragraph is intended in a practical rather than precise legal significance.

Cal. Ass'n of Private Postsecondary Sch. v. DeVos

344 F. Supp. 3d 158 · Court of Appeals for the D.C. Circuit · Oct 16, 2018

To be sure, economic loss sustained due to a federal administrative action is typically "uncompensable" in the sense that federal agencies enjoy sovereign immunity, and the waiver of sovereign immunity in the APA does not … Rather, an asserted "economic harm" must "be significant, even where it is irretrievable because a defendant has sovereign immunity." Id. at 335 .

Andrew L. W. Gordon v. David M. Shoup, Commandant of the Marine Corps

316 F.2d 683 · Court of Appeals for the D.C. Circuit · Mar 21, 1963

. *685 The Tucker Act 6 contains the basic waiver of sovereign immunity to contract actions against the United States. … Clearly, § 1346(d) bars the District Court from entertaining any claim for the recovery of the $750.00 already withheld. Nor is the bar removed by clothing the •claim in a complaint for declaratory relief.

George Shultz, Secretary of State v. James D. Crowley

802 F.2d 498 · Court of Appeals for the D.C. Circuit · Dec 12, 1986

In interpreting the applicable provisions of the Equal Access to Justice Act, the panel in Nichols applied the well-established principle that waivers of sovereign immunity must be strictly construed. … “As a waiver of sovereign immunity, the Act’s terms must affirmatively establish liability, not merely fail to preclude it.” Nichols, 740 F.2d at 1256 (citation omitted).