Case law

Citizens for Responsibility v. FEC

993 F.3d 880 · Court of Appeals for the D.C. Circuit · Apr 9, 2021

The APA imposes a high bar, met only if “Congress has established procedures so clearly different from those required by the APA that it must have intended to displace the norm.” Asiana Airlines v. … And neither argues that statements of reasons, which constitute the rationale for the Commission’s final action, are categorically immune from judicial review.

Barbara Franklin McKenna v. Caspar W. Weinberger, Secretary of Defense

729 F.2d 783 · Court of Appeals for the D.C. Circuit · Mar 2, 1984

Plaintiff established that she was female, sought a permanent analyst position for which she was qualified, was rejected for that position, and afterward the position remained open and the agency sought persons of comparable … cannot be said to be clearly erroneous.

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

S.G. Loewendick & Sons, Inc. v. Reich

70 F.3d 1291 · Court of Appeals for the D.C. Circuit · Nov 21, 1995

Each of subsection (g)’s provisions establishing specific requirements for personnel platforms, however, clearly presupposes the existence of a personnel platform to which the requirements apply. … Subsection (g) clearly anticipates imperfect platforms.

Adam Clayton Powell, Jr. v. John W. McCormack Speaker of the House of Representatives

395 F.2d 577 · Court of Appeals for the D.C. Circuit · Jul 30, 1968

Almost imperceptibly at first, but quite clearly by the 1962 holding in Baker , the Supreme Court had established more comprehensive guidelines for identifying federal subject matter jurisdiction and justicia-bility. … established by the Constitution itself, viz., age, citizenship, and residence.

Murnane v. American Airlines, Inc.

667 F.2d 98 · Court of Appeals for the D.C. Circuit · Oct 1, 1981

The gravamen of appellant’s claim arises out of appellee’s established employment hiring practices. American maintains three cockpit positions, Flight Officer, Co-pilot and Captain. … to be a line driver was not clearly erroneous.”

Doe v. Exxon Mobil Corp.

654 F.3d 11 · Court of Appeals for the D.C. Circuit · Jul 8, 2011

They contend, and Exxon does not dispute, that extrajudicial killing, torture, and prolonged arbitrary detention are clearly established norms of international law. 3 They also contend, but Exxon disputes, that the district … Decisions of the courts established by the U.N.

Center For National Policy Review On Race And Urban Issues v. Caspar W. Weinberger

502 F.2d 370 · Court of Appeals for the D.C. Circuit · May 21, 1974

In an area as sensitive as school desegregation, investigators find that to secure cooperation, they must be able effectively to immunize those who would help from harassment, threats and social pressures. (A. 40). … The FOIA provides for disclosure of government files unless an exemption is established-- unless, in case of a claim that Exemption 7 is applicable, it is established that the controversy relates to 'investigatory files compiled

Sevilla v. Elizalde

112 F.2d 29 · Court of Appeals for the D.C. Circuit · Apr 15, 1940

problem of interpretation “According as the commission is precise” or “is inexact” 13 — it is not necessary in the instant case to attempt to mark out with precision all points on the boundary, because. the instant case clearly … As explained in footnote 1, the new Commonwealth government was established November 15, 1935.

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

Barbour v. Merrill

48 F.3d 1270 · Court of Appeals for the D.C. Circuit · May 16, 1995

he was qualified for the Director's position. … of the laws or of equal privileges and immunities under the laws. 42 U.S.C.

Sierra Club v. Environmental Protection Agency

322 F.3d 718 · Court of Appeals for the D.C. Circuit · Mar 18, 2003

Plaintiff finally had to establish that her suit was a ‘‘substantial’’ or ‘‘significant’’ cause of defendant’s action providing relief. … Although this is true, it establishes only that Petitioners failed to achieve all the relief sought, not that they achieved none.

Luba S. Kowalyszyn De Medina v. John E. Reinhardt, Director, United States International Communication Agency Carolee Brady Hartman, Individually and on Behalf of All Other Persons Similarly Situated Rose Kobylinski and Luba Medina v. John Reinhardt, Director United States International Communication Agency. Toura Kem, Luba Medina and Rose Kobylinski v. John Reinhardt, Director United States International Communication Agency

686 F.2d 997 · Court of Appeals for the D.C. Circuit · Aug 27, 1982

Thus, Hazelwood established that the proportion of a protected group actually employed elsewhere in the relevant occupation(s) is a meaningful measure of the proportion of the protected group qualified for employment by the … We affirm, however, the court's dismissal of Medina's claim as based on fact findings that are not "clearly erroneous." A. Exhaustion of Administrative Remedies 40 In Foster v.

Bancroft Global Dev. v. United States

330 F. Supp. 3d 82 · Court of Appeals for the D.C. Circuit · Aug 27, 2018

Mitchell , 463 U.S. 206 , 212, 103 S.Ct. 2961 , 77 L.Ed.2d 580 (1983), and a "plaintiff must overcome the defense of sovereign immunity in order to establish the jurisdiction necessary to survive a Rule 12(b)(1) motion to … is jurisdictional," id. at 1632, by demonstrating that Congress "clearly stated" that it intended the limitations period to be jurisdictional, id.

Rivka Livnat v. Palestinian Authority

851 F.3d 45 · Court of Appeals for the D.C. Circuit · Mar 24, 2017

Observing 1 We merely clarify what qualifies as a “foreign state” under Price. … establish the congruence of due process analysis under both the Fourteenth and Fifth Amendments.”); Carrier Corp. v.

Teamsters Local Union No. 509 v. National Labor Relations Board

803 F.3d 1 · Court of Appeals for the D.C. Circuit · Aug 21, 2015

Local 509 gave Siler a list of qualified drivers, all of whom were Local 509 members, and Siler filled his staffing needs for the pilot episode from that list. … The Board clearly explained its belief that the list simply had nothing to do with Local 509’s actions in November 2008. See Local 509, 357 N.L.R.B.

Peter G. Eikenberry v. Nicholas P. Callahan

653 F.2d 632 · Court of Appeals for the D.C. Circuit · Apr 30, 1981

We think it entirely reasonable to suppose that in the instance of the suit that clearly can be reinstated Congress felt it the part of common sense not to require the inconvenience of refiling. 569 F.2d at 615 n.51 (emphasis … However, appellee admits that in order for appellee to establish the alternative ground for affirmance, a full development of the background of this case, with reference to the record in the District Court, is required.

Broderick, Catherine v. Donaldson, William

437 F.3d 1226 · Court of Appeals for the D.C. Circuit · Feb 10, 2006

Broderick’s previous sexual harassment lawsuit clearly qualifies, as she “made a charge,” 42 U.S.C. § 2000e-3(a), of unlawful discrimination based on sex. See Singletary v. District of Columbia, 351 F.3d 519, 525 (D.C. … Broderick did not demonstrate that she was qualified for such a position, let alone that she was more qualified than the candidates who were selected. See, e.g., Aka v. Wash. Hosp. Ctr., 156 F.3d 1284, 1294-95 (D.C.

Beausoliel v. United States

107 F.2d 292 · Court of Appeals for the D.C. Circuit · Oct 16, 1939

Error is assigned to the action of the court in permitting the child to testify, the ground of objection being that she was not qualified, first, because of her tender age and lack of understanding of the difference between … This right to one’s person may be said to be a right of complete immunity, to he let alone. * * * The inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow.”

Theodore Lyons v. William J. Barrett, Printing Office

851 F.2d 406 · Court of Appeals for the D.C. Circuit · Jul 8, 1988

Lyons contends that this direction is too vague and that the district court was obliged to establish more precise guidelines for how the hearing would proceed. … We render no decision at this point on appellant’s § 1985 claim or on appellees’ claim of qualified immunity to that charge.