Case law

Yung-Kai Lu v. Tillerson

292 F. Supp. 3d 276 · Court of Appeals for the D.C. Circuit · Feb 15, 2018

Sept. 7, 2004) (finding court lacked "power to equitably toll the September 30 deadline established by the diversity visa statute"). … In the absence of an express waiver of sovereign immunity, Plaintiff has no capacity to seek $60,000. The Court must therefore also dismiss his money-damages claim for lack of subject-matter jurisdiction.

Richard C. Bartel v. Federal Aviation Administration Richard C. Bartel v. United States

725 F.2d 1403 · Court of Appeals for the D.C. Circuit · Jan 17, 1984

The administrative scheme which Congress established to protect civil servants’ rights preempts a constitutional claim for damages based on conduct remediable under that scheme. See Bush v. … The government is shielded from suit for monetary damages, however, by sovereign immunity.

Nanko Shipping, USA v. Alcoa, Inc.

Court of Appeals for the D.C. Circuit · Mar 10, 2017

That clause presumably was designed to ensure that some of the business generated by the bauxite mines would go to qualified Guinean shipping firms and thereby benefit the Guinean economy. … Before this Court, Alcoa argues in a footnote that Nanko “has utterly failed to allege any facts” establishing a FSIA exception, thus failing to overcome the “presumption of immunity.”

William Jordan v. United States Department of Justice

691 F.2d 514 · Court of Appeals for the D.C. Circuit · Oct 5, 1982

Kramer established, for instance, that he had personally expended four and one-quarter hours on appellant’s successful motion for partial summary judgment, while a staff attorney had given forty hours thereto. 43 Similar … Direct payment of attorneys’ fees to one who is not a member of the bar would kindle concerns over unauthorized practice of law that an award to a qualified clinical program for the student’s efforts would not.

American And European Agencies, Inc. v. Gillilland

247 F.2d 95 · Court of Appeals for the D.C. Circuit · Nov 25, 1957

It was therefore clearly entitled to a hearing 'with respect to such claim.' … Its action in thus evaluating its own procedure is not within the letter or the spirit of the provision for immunity from review.

National Ass'n of Recycling Industries, Inc. v. Federal Maritime Commission

658 F.2d 816 · Court of Appeals for the D.C. Circuit · Dec 24, 1980

This chart clearly identifies woodchips as the big winner in the Far East. In Japan, for example, woodchip exports went up 62% over the seven years of the study. … Still, there is no debate that § 18(b)(5) does qualify the liberty of ratemakers to set rates.

Talal Al-Zahrani v. Esteban Rodriguez

669 F.3d 315 · Court of Appeals for the D.C. Circuit · Feb 21, 2012

. § 2679, which provides for the exclusivity of remedy against the United States under the Federal Torts Claims Act and thereby establishes immunity from individual liability on the part “of any employee of the Government … Cir. 2009), we noted that the Supreme Court’s reference to § 7 in Boumediene did not specify a particular subsection of 28 U.S.C. § 2241(e), “but its discussion of the Suspension Clause clearly indicates it was referring

Barbara Davis v. Joseph A. Califano

613 F.2d 957 · Court of Appeals for the D.C. Circuit · Feb 14, 1980

was not qualified. … However, the Supreme Court nowhere establishes this as the standard to be used, and the two cases are clearly distinguishable from Appellant’s.

Brotherhood of Railway Carmen v. Interstate Commerce Commission

880 F.2d 562 · Court of Appeals for the D.C. Circuit · Jul 25, 1989

Section 4 of the New York Dock conditions establishes procedures for the resolution — by means of negotiation and, failing that, binding arbitration — of any labor dispute arising from an ICC-approved railroad consolidation … Doc. 503 (Dec. 5, 1917) (reprinted in 1918 Annual Report at 5-7) — it clearly meant to change that legal environment.

Atlantic Insurance Agency, Inc., a Corporation v. Albert F. Jordan, Superintendent of Insurance of the District of Columbia

229 F.2d 758 · Court of Appeals for the D.C. Circuit · Dec 15, 1955

The trustworthiness of the licensee must be established even though not all its agents and employees (but only its listed ones) can qualify. The statute should be read in the order in which it is written. … First, the licensee must be found qualified. Second, those individuals who solicit or countersign policies must be found qualified. Third, if these latter individuals qualify, no other individuals need do so.

Vincent E. Jenkins v. United States

307 F.2d 637 · Court of Appeals for the D.C. Circuit · Jun 7, 1962

The general rule is that “anyone who is shown to have special knowledge and skill in diagnosing and treating human ailments is qualified to testify as an expert, if his learning and training show that he is qualified to give … Clearly the determination of appellant’s eligibility to stand trial may be established by a finding of “restored competency” or a finding that he never was incompetent.

State of Arizona v. Charles A. Bowsher, in His Official Capacity as Comptroller General of the United States State of Arizona the States of Minnesota, Ohio and Florida v. Charles A. Bowsher, in His Official Capacity as Comptroller General of the United States

935 F.2d 332 · Court of Appeals for the D.C. Circuit · Jun 11, 1991

Morgenthau, 85 F.2d 677, 681 (App.D.C.1936) (applying the United States's immunity as sovereign to federal funds even though they were earmarked for a specific purpose). The money here is federal money. … This would clearly not be true for claims that by federal law expire as a result of the events that trigger escheat under state law (e.g., death intestate without heirs).

Alfred Morris v. Washington Metropolitan Area Transit Authority

781 F.2d 218 · Court of Appeals for the D.C. Circuit · Jan 17, 1986

But by reason of the established doctrine of the immunity of the sovereign from suit except upon consent, the provision of Clause one of Sec. 2 of Article III does not authorize the maintenance of suits against the United … As Judge Bork observes, however, the special facts of this case clearly indicate that such a financial commitment has been made. See opinion for the court at 226.

Beckham v. District of Columbia

163 F.2d 701 · Court of Appeals for the D.C. Circuit · Sep 15, 1947

The Court ruled in the Murphy case that “The place where a man lives is properly taken to be his domicile until facts adduced establish the contrary.” 1 The question therefore is whether the Board was clearly wrong in failing … Beckham to return to Texas is subject to a contingency that does not clearly appear to be at all improbable. It seems to me a paradox to say that this qualified intent is clearly fixed, definite, and unconditional.

McMullen v. United States

96 F.2d 574 · Court of Appeals for the D.C. Circuit · Mar 21, 1938

He had been in bad health for several years and was apparently detached and inactive in 1932 and had established an association with a firm of lawyers in the city of Washington. … Appellant filed a motion to quash; a demurrer; a motion for bill of particulars; a plea in bar of immunity; a plea in bar of former jeopardy; all of which were overruled and exceptions saved.

Kiyemba v. Obama

605 F.3d 1046 · Court of Appeals for the D.C. Circuit · Feb 18, 2009

Application of the doctrine of sovereign immunity to defeat a remedy is one common example. See Alden v. Maine, 527 U.S. 706, 754 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). … The government asserts that petitioners would not qualify for admission under the immigration laws. Gov’t Br. 27-29.

Reep v. U.S. Dep't of Justice

302 F. Supp. 3d 174 · Court of Appeals for the D.C. Circuit · Mar 22, 2018

The six-year statute of limitation period "must be strictly construed" because § 2401(a)"is a jurisdictional condition attached to the government's waiver of sovereign immunity." Id. … If privacy interests are identified, the burden shifts to the FOIA requestor to "establish a sufficient reason for the disclosure.

Joseph Frank v. William P. Rogers, Attorney General of the United States

253 F.2d 889 · Court of Appeals for the D.C. Circuit · Mar 20, 1958

The italicized words are clearly broad enough to permit a trial de novo of the issue of citizenship in cases like the present. … But clearly the same considerations should govern.

Donald Barth v. Bruce S. Gelb, Director, United States Information Agency

2 F.3d 1180 · Court of Appeals for the D.C. Circuit · Aug 27, 1993

Because of the difficulties inherent in establishing such motivation, the Supreme Court placed only a modest initial burden on a Title VII plaintiff; namely, that he establish that although qualified for an available position … . *1189 Reply Brief for Appellant at 1 (citation omitted); see also Fed.R.Civ.P. 52(a) (“Findings of fact ... shall not be set aside unless clearly erroneous....”).

State of Illinois v. David Ferriero

60 F.4th 704 · Court of Appeals for the D.C. Circuit · Feb 28, 2023

State of Illinois, 83 U.S. (16 Wall.) 130 (1873)  10 (Fourteenth Amendment’s Privilege or Immunities Clause did not protect women’s right to practice law); Minor v. … ,” including the establishment of a reasonable time limit for ratification.