Case law

William C. Coleman v. United States

334 F.2d 558 · Court of Appeals for the D.C. Circuit · May 1, 1964

But he need not have been so limited in view of the purpose of the statute as Congress clearly intended it to be applied as to sentences imposed before its effective date. … Accordingly appellant contend *564 ed that where a successor judge was to hear the motion, it would seem “clearly unreasonable” were such findings to be made by a judge “who did not preside at the trial.”

McKesson HBOC, Inc. v. Islamic Republic of Iran

271 F.3d 1101 · Court of Appeals for the D.C. Circuit · Nov 16, 2001

Iran moved to dismiss, arguing primarily that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§ 1602-1611 , rendered it immune from suit in federal court. … If a treaty contains language clearly indicating its status as self-executing, courts regard that language as conclusive. See Cardenas v.

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.

Johnson v. Paragon Sys., Inc.

305 F. Supp. 3d 139 · Court of Appeals for the D.C. Circuit · Mar 29, 2018

Johnson's complaint for insufficient service of process, lack of subject-matter jurisdiction, qualified immunity, lack of personal jurisdiction, and for failure to state a claim. See Fed. Defs.' Mem. in Supp. … To survive a Rule 12(b)(1) motion, the plaintiff bears the burden of establishing that the court has jurisdiction by a preponderance of the evidence. Lujan v.

Broadcasting Board of Governors Office of Cuba Broadcasting v. Federal Labor Relations Authority

752 F.3d 453 · Court of Appeals for the D.C. Circuit · May 16, 2014

Second, the Board of Governors argues that we have subject matter jurisdiction because the FLRA’s order might implicate sovereign immunity. … Even assuming that we always have jurisdiction to review FLRA orders that implicate principles of sovereign immunity, the order at issue here does no such thing.

United States v. Chichester Chemical Co.

298 F. 829 · Court of Appeals for the D.C. Circuit · May 5, 1924

But in the federal courts the rule is established that, when a witness testifies in person at the trial, and is asked a question in proper form, which clearly admits of an answer relevant to the issues and favorable to the … A. 288, 290 , an indictment under the same act, the Circuit Court of Appeals, Eighth Circuit, said: “As a part of the government’s case some well-qualified physicians were called as witnesses, and asked if a drug composed

United States v. Hubbell, Webster L.

167 F.3d 552 · Court of Appeals for the D.C. Circuit · Jan 26, 1999

We are not confronted here with a situation where the money at issue is clearly untainted by possible underlying obstruction. … The Upshot of Immunity A grant of statutory immunity under 18 U.S.C. §§ 6002 , 6003, extends as far as the Fifth Amendment privilege it supplants.

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.

Arthur M. Schiller v. National Labor Relations Board

964 F.2d 1205 · Court of Appeals for the D.C. Circuit · May 29, 1992

FOIA litigation is not immune from our open, adversary process. … A submission that does not do that does not even qualify as a “Vaughn index.”

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.

Chamber of Commerce of the United States v. Robert B. Reich, Secretary, United States Department of Labor

74 F.3d 1322 · Court of Appeals for the D.C. Circuit · Feb 2, 1996

Nor does sovereign immunity appear to bar appellants’ suit. … The court merely noted that this requirement would increase the pool of qualified labor and thereby reduce costs. 442 F.2d at 171 .

Harold D. Johnson, M.D. v. Greater Southeast Community Hospital Corporation

951 F.2d 1268 · Court of Appeals for the D.C. Circuit · Dec 13, 1991

The MSEC established a six-member ad hoc committee to investigate; three of the members of that committee are named as defendants in Dr. Johnson’s suit. … By order of December 11, 1990, the district court granted his motion to dismiss, finding that he was immune from suit pursuant to the Health Care Quality Improvement Act of 1986. Johnson v.

Myers v. Comm'r of Internal Revenue Service

928 F.3d 1025 · Court of Appeals for the D.C. Circuit · Jul 2, 2019

(CCH) 1404 (2016) (rejecting the IRS’s argument that a phone call established that the final determination letter was mailed the same day). … That the Congress could have spoken even more clearly does not mean it has not spoken clearly enough to render § 7623(b)(4)’s 30-day filing period jurisdictional.

Crowley Caribbean Transport, Inc. Crowley Maritime Corporation v. Federico F. Pena, Secretary of Transportation Lykes Bros. Steamship Company, Inc.

37 F.3d 671 · Court of Appeals for the D.C. Circuit · Oct 21, 1994

What has happened in concrete terms is that Crowley’s rival has applied for a waiver, i.e., a kind of immunity from future § 804(a) enforcement, and that immunity has been denied. … It then said that even if it clearly had jurisdiction, it would be “authorized to decline to exercise it *675 under [its] inherent discretion to decline to pursue certain enforcement matters.” Ibid.

Polaroid Corp. v. Markham

148 F.2d 219 · Court of Appeals for the D.C. Circuit · Feb 19, 1945

are also told by counsel for the Custodian that it is conceded that Polaroid does not attack the Custodian’s title to the Sauer patent, or claim any title or. interest in that patent, but merely seeks in a 4915 suit to establish … provided by the Patent Laws, which commence in the Patent Office and may be re-activated by an R.S. § 4915 proceeding to enable one having rights as a prior inventor to have the same officially recognized and declared. 8 Clearly

Red Lake Band of Chippewa Indians v. United States of America, Red Lake Band of Chippewa Indians v. United States

936 F.2d 1320 · Court of Appeals for the D.C. Circuit · Jun 28, 1991

Agent Erwin’s failure to establish a command post was a violation of FBI practice and of the duty of reasonable care owed to the plaintiffs. 70. … We find this evidence insufficient as a matter of law to establish causation.

New York Shipping Association, Inc., International Longshoremen's Association, Afl-Cio, Council of North Atlantic Shipping Associations, Atlantic Container Line, Ltd., Dart Containerline Company, Limited, Hapag-Lloyd Aktiengesellschaft, "Italia" S.P.A.N., Nedlloyd Lines B v. Puerto Rico Maritime Shipping Authority, Sea-Land Service, Inc., Trans Freight Lines, Inc., and United States Lines, Inc. v. Federal Maritime Commission and United States of America, New York Shipping Association, Inc. v. Federal Maritime Commission and United States of America, American Trucking Assoc., Inc., American Warehousemen's Assoc., West Gulf Maritime Assoc., National Customs Brokers & Forwarders Association of America, Inc., International Association of Nvoccs, Intervenors

854 F.2d 1338 · Court of Appeals for the D.C. Circuit · Aug 9, 1988

The other requirements are that the container must be stuffed or stripped, respectively, at the qualified shipper's or the qualified consignee's own facilities by its own employees. … It was relied on to establish an abuse of discretion in giving a remedy.

King v. United States

98 F.2d 291 · Court of Appeals for the D.C. Circuit · May 16, 1938

They argued that the new sentence put the prisoner twice in jeopardy, and that this double jeopardy abridged his privileges and immunities as a citizen of the United. … Sentencing should not be a game in which a wrong move by the judge means immunity for the prisoner.

James F. Hunt and Carol Hunt v. United States of America. Catherine Strinni Hollar v. United States

636 F.2d 580 · Court of Appeals for the D.C. Circuit · Oct 29, 1980

establish novel and unprecedented governmental liability.” … The Provisions of the Act The Act authorized the Department of Health, Education, and Welfare to establish and coordinate the swine flu immunization program. See 42 U.S.C. § 247b(j)(l) (1976).

United States v. Robert Kelsey

917 F.3d 740 · Court of Appeals for the D.C. Circuit · Mar 8, 2019

When a party wishes to introduce expert testimony, it must qualify the witness by establishing “the expert’s scientific, technical, or other specialized knowledge.” Fed. R. Evid. 702. … But, as the district court observed, Kelsey’s ear tattoo is not clearly discernable in the photo shown to S.H.