Case law

Kilburn v. Islamic Republic of Iran

699 F. Supp. 2d 136 · District Court, District of Columbia · Mar 30, 2010

Thus, to establish that this court has jurisdiction over Iran and MOIS, the plaintiffs must demonstrate that one of the FSIA’s enumerated exceptions to Iran’s sovereign immunity applies. Kilbum, 376 F.3d at 1126. … Hostage Taking, Torture, and Extrajudicial Killing The factual record establishes clearly that Hizbollah, with direction, funding, and guidance from Iran and MOIS, subjected Peter Kilburn to “hostage taking” as defined in

Informed Consent Action Network v. Health Resources and Services Administration

District Court, District of Columbia · Mar 30, 2026

“Unless the invasion of privacy is clearly unwarranted, the public interest in disclosure must prevail.” … The organization claims that disclosure would “inform the public about whether the employees are qualified or whether they have conflicts of interest.” ECF 18-1 at 40.

PORTEOUS v. Baron

729 F. Supp. 2d 158 · District Court, District of Columbia · Aug 2, 2010

in Congress — are clearly legislative and thus exempt from judicial review. … Although it is well-established that “[m]oolness is a jurisdictional question,” North Carolina v.

Estate of Klieman v. Palestinian Authority

547 F. Supp. 2d 8 · District Court, District of Columbia · Apr 18, 2008

To summarize, in Klieman I the Court held that: (1) collateral estoppel precluded the relitigation of the issues surrounding defendants’ assertion of sovereign immunity and that sovereign immunity does not divest this Court … Safieh qualifies as a general or managing agent of any of these four organizations, or that he holds himself out as such. Cf supra at 8-9.

Krieger v. Trane Co.

765 F. Supp. 756 · District Court, District of Columbia · May 22, 1991

More fundamentally, a judgment against the Board would clearly affect the public fisc. … As a consequence, any waiver of the Board’s sovereign immunity against suit in D.C. courts should not, without a more definite indication, be construed to waiver sovereign immunity against suit in federal court.

Stern v. Islamic Republic of Iran

271 F. Supp. 2d 286 · District Court, District of Columbia · Jul 17, 2003

. § 1608 and plaintiff establishes the applicability of an exception to immunity pursuant to 28 U.S.C. § 1605 . Flatow, 999 F.Supp. 1, 19 . … . § 1608 and plaintiffs have established an exception to immunity, this Court has in personam jurisdiction over defendants. B.

Rochon v. Federal Bureau of Investigation

691 F. Supp. 1548 · District Court, District of Columbia · Aug 11, 1988

Defendants have moved to dismiss the constitutional tort claims (Count I) on the grounds of qualified immunity. … Qualified immunity shields “[government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established ... rights of which a reasonable person

Plater v. District of Columbia Department of Transportation

530 F. Supp. 2d 101 · District Court, District of Columbia · Jan 2, 2008

The “case law has firmly established that, because it is in derogation of the common law principle of sovereign immunity, section 12-309 is to be construed narrowly against claimants.” District of Columbia v. … Defendant argues, and plaintiff does not dispute, that her letter to the Mayor was sent on May 30, 2006, over a year after the incident and therefore does not qualify as proper notice.

Oveissi v. Islamic Republic of Iran

768 F. Supp. 2d 1 · District Court, District of Columbia · Nov 12, 2010

Waiver of Immunity In addition to outlining jurisdictional requirements, the FSIA sets forth the limited circumstances in which a foreign state waives sovereign immunity and becomes liable to suit under the Act. … Here, circumstances warrant the waiver of defendants’ traditional immunity.

Holly Sugar Corp. v. Veneman

335 F. Supp. 2d 100 · District Court, District of Columbia · Sep 15, 2004

In 1988, the CCC promulgated a regulation that established a uniform policy for assessing interest on such loans. … Ass’n of Flight Attendants, AFL-CIO, 864 F.2d 173, 177 (D.C.Cir.1988)). “ ‘To qualify for an award of restitution under th[e] theory [of unjust enrichment], [the plaintiffs] must show that [they] conferred a benefit (usually

Usoyan v. Republic of Turkey

District Court, District of Columbia · Feb 6, 2020

There are two qualifiers to the FSIA’s tortious acts exception to sovereign immunity. … Brewer, 76 F.3d 1127 (10th Cir. 1996) (in part, affirming denial of qualified immunity for law enforcement officer assisting with security for Russian President Boris Yeltsin’s visit to the United States who was accused

Williams v. Johnson

District Court, District of Columbia · Feb 18, 2009

A legislature’s efforts to -10- acquire information during formal committee investigations or through the issuance of subpoenas thus clearly constitute “legislative acts … First, Plaintiff argues that the Court should find that the District’s Speech or Debate statute provides only qualified, not absolute, immunity, and that the Court should therefore balance Plaintiff’s need for the evidence

Ledgerwood v. State of Iran

617 F. Supp. 311 · District Court, District of Columbia · Jun 27, 1985

It is well established law that “an action brought in the United States against a foreign sovereign faces two potential obstacles — the Foreign Sovereign Immunities Act and the ‘act of state’ doctrine.” 2 Frolova v. … The legislative history of section 1605 clearly establishes that “the tortious act or omission must occur within the jurisdiction of the United States *314 ...” H.R.Rep.

Kenley v. District of Columbia

118 F. Supp. 3d 12 · District Court, District of Columbia · Jul 13, 2015

Supp. 184, 189 (D.D.C. 1997) (“Activity that is constrained by regulations or clearly established policy or standards is ministerial in nature. . . . … This is particularly so where the witness statements, as here, contain clearly exculpatory information.

Jackson v. Office of the Mayor of the District of Columbia

District Court, District of Columbia · Oct 29, 2019

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … If it his “interest” in sitting for the bar, he has not alleged facts establishing his entitlement to that benefit.

Rivera v. Department of Justice

District Court, District of Columbia · Mar 28, 2013

In his opposition, plaintiff barely mentions sovereign immunity, and instead argues that qualified immunity should not bar his claims. See Pl.’s Resp. to Defs.’ Mot. to Dismiss (“Pl.’s Opp’n”) at 10-11. … Graham, 473 U.S. 159, 166 (1985), such as qualified immunity, see Harlow v. Fitzgerald, 457 U.S. 800 (1982).

American International Group, Inc. v. Islamic Republic

493 F. Supp. 522 · District Court, District of Columbia · Jul 10, 1980

Under the narrow interpretation, CII and its property are clearly subject to jurisdiction since CII is a commercial entity. … Third, the defendants and their property do not enjoy any immunity pursuant to the terms of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 , et seq. (1976).

Konah v. District of Columbia

District Court, District of Columbia · Jan 3, 2013

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Ortiz v. … Courts employ a two-step inquiry to determine whether qualified immunity applies, looking (1) at whether a constitutional right was violated and (2) whether that right was clearly established. See Saucier v.

Wiggins v. Philip Morris, Inc.

853 F. Supp. 458 · District Court, District of Columbia · May 13, 1994

“[T]he law affords ... a supervisor such as [defendant Nedimyer] a qualified privilege to act properly and justifiably toward a fellow employee and that employee’s true employers _” Sorrells, 565 A.2d at 291 . … These claims are clearly outside the one-year bar. See supra note 3.

Taylor v. Islamic Republic of Iran

811 F. Supp. 2d 1 · District Court, District of Columbia · Aug 29, 2011

FINDINGS OF FACT Under the FSIA, a court cannot simply enter default judgment, but must, out of respect for the principle of sovereign immunity, ensure that plaintiffs “establish [their] claim or right to relief … . § 1605A(a)(2)(i)–(iii). 13  Here, the established facts warrant waiver of defendant’s sovereign immunity as provided by the FSIA.