Case law

Hughes v. President of Georgetown College

33 F. Supp. 867 · District Court, District of Columbia · Jun 4, 1940

Thus a principle has been established which I am convinced is sound and just. I do not think immunity should go further. … The hospital was established and maintained to provide “care and medical attention for suffering humanity”. It was not established or conducted to afford a place of employment for trained nurses.

Hood v. F. Hoffman-La Roche, Ltd.

639 F. Supp. 2d 25 · District Court, District of Columbia · Aug 4, 2009

Eleventh Amendment Immunity It is a well-established rule of judicial restraint that “ ‘prior to reaching any constitutional questions, federal courts must consider noneonstitutional grounds for decision.’ ” Jean v. … While considering the issue of a state's immunity from removal, the Fifth Circuit noted in In re Katrina Canal Litig.

Gilson v. Republic of Ireland

517 F. Supp. 477 · District Court, District of Columbia · Jun 29, 1981

Under these circumstances, the first two clauses of section 1605(a)(2) clearly do not apply to this defendant. … Plaintiff has thus failed to establish a jurisdictional basis on clause three of section 1602(a)(5).

Lkq Corporation v. United States of America

District Court, District of Columbia · Jul 23, 2019

Alternatively, the government argues that the individual defendants are entitled to qualified immunity. … The Court agrees that the plaintiffs’ Bivens claims must be dismissed for failure to state a claim, so the Court declines to reach the qualified immunity issue.

Chester v. Washington Metropolitan Area Transit Authority

335 F. Supp. 2d 57 · District Court, District of Columbia · Sep 8, 2004

However, this immunity is not absolute. … According to plaintiff, because his retaliation claim alleges an intentional tort, it is distinguishable from the past cases establishing WMATA’s immunity from tort claims resulting from employment decisions.

Cronin v. Islamic Republic of Iran

238 F. Supp. 2d 222 · District Court, District of Columbia · Dec 18, 2002

The statute provides that a district court will have personal jurisdiction over a foreign state defendant if the plaintiff establishes the applicability of an exception to immunity and service of process has been effectuated … The Flatow Amendment thus clearly establishes a cause of action against an “official, employee, or *231 agent” of a foreign state, such as the MOIS, that commits or causes another to commit a terrorist act.

Downey v. Isaac

622 F. Supp. 1125 · District Court, District of Columbia · Jun 17, 1985

The credible testimony and evidence clearly showed that Patrick Karnes and Michael Russcol were chosen as the best qualified candidates for these positions by the selecting official, Dr. … Of all the candidates, he clearly had the most relevant experience.

Lutcher S.A. Celulose E Papel Candoi v. Inter-American Development Bank

253 F. Supp. 568 · District Court, District of Columbia · Mar 28, 1966

The International Organizations Immunities Act provides, in part: “International organizations, their property and their assets, wherever located, and by whomsoever held, shall enjoy the same immunity from suit in every form … In the opinion of the Court, none of these contentions are sufficient to establish an implied contract guaranteeing plaintiffs what amounts to a virtual monopoly in the borrowing of the Bank’s funds to establish a pulp mill

W.C. & A.N. Miller Companies v. United States

963 F. Supp. 1231 · District Court, District of Columbia · Mar 21, 1997

Exceptions to the waiver of sovereign immunity are established by the FTCA’s effective date, independent contractor, and discretionary function provisions, each of which the defendant cites as a bar to the present suit. … Clearly, the duty to warn under these circumstances is an absolute necessity.

Simpkins v. Shalala

999 F. Supp. 106 · District Court, District of Columbia · Mar 31, 1998

In these conversations plaintiff clearly expressed a desire to completely disassociate himself from the hospital. Johnson Dep. at 20-22. … Jean-Jacques’ review did not qualify as a matter of law as an investigation by a health care entity under the HCQI Act.

Bethel v. Rodriguez

District Court, District of Columbia · Sep 30, 2023

was ‘clearly established’ at the time of the challenged conduct.” … was ‘clearly established’ at the time of the challenged conduct.”

Martino v. Islamic Republic of Iran

District Court, District of Columbia · Oct 31, 2025

“[t]here is almost total ‘overlap between the elements of [§ 1605A(c)’s] cause of action and the terrorism exception to foreign sovereign immunity,’ . . . a plaintiff that offers proof sufficient to establish a waiver of … foreign sovereign immunity under § 1605A(a) has also established entitlement to relief as a matter of federal law,” so long as the plaintiff is also a qualifying U.S. national, member of the armed forces, government employee

Daliberti v. Republic of Iraq

146 F. Supp. 2d 19 · District Court, District of Columbia · May 25, 2001

His education and experience qualify him to testify as an expert in this case. Dr. … The Foreign Sovereign Immunities Act (FSIA) exempts from immunity foreign sovereigns where “money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial

American Council of the Blind v. Boorstin

644 F. Supp. 811 · District Court, District of Columbia · Sep 23, 1986

In introducing the amendment, Representative Wiley clearly set forth his reasons for decreasing the amount of money available to the program. … Library of Congress, 750 F.2d 89, 102 (D.C.Cir.1984), that “it is well established that sovereign immunity does not bar suits for specific relief against government officials where the challenged actions of the officials

Musgrave v. Warner

District Court, District of Columbia · Sep 15, 2022

As it safeguards legislative independence, the Clause also “‘serves the additional function of reinforcing the separation of powers so deliberately established by the 3 Defendants also argue that plaintiff … See Pl.’s Opp’n at 16. 19 recommending sentencing guidelines to the Commission,” and did not qualify as “public records”).

Bennett v. Islamic Republic of Iran

604 F. Supp. 2d 152 · District Court, District of Columbia · Mar 31, 2009

The exceptions to that immunity are found in § 1610. One well-established exception to the general rule of immunity from attachment or execution is the so called “commercial activity” exception. … immunity from attachment and execution.

Youssef v. United Arab Emirates Embassy

District Court, District of Columbia · Aug 23, 2021

Circuit case law, some such employees might still qualify as commercial workers for the purpose of the FSIA. … exemption to immunity.”

Sabbithi v. Al Saleh

605 F. Supp. 2d 122 · District Court, District of Columbia · Mar 20, 2009

A defendant’s diplomatic immunity “may be established upon motion or suggestion by or on behalf of the individual....” 22 U.S.C. § 254d. … “A treaty will not be deemed to have been abrogated or modified by a later statute, unless such purpose on the part of Con *130 gress has been clearly expressed.” Cook v.

Dominion Cogen, D.C., Inc. v. District of Columbia

878 F. Supp. 258 · District Court, District of Columbia · Mar 1, 1995

However, the scope of this immunity only extends to conduct which is within the legislative sphere. Council members are not immune from liability for acts which are not taken in their “legislative capacity.” … The deliberative process privilege is a qualified rather than absolute privilege.

In Re: In the Matter of the Fort Totten Metrorail Cases Arising Out of the Events of June 22, 2009

District Court, District of Columbia · Aug 16, 2012

qualifies as the “District of Columbia government” within the meaning of § 12-310(b)(4). 5 Resisting this conclusion, Alstom relies upon the D.C. … Subsection (c), however, just as clearly limits the maintenance of insurance until acceptance of the work performed under the contract.