Case law

Webb v. Meta Platforms, Inc.

District Court, District of Columbia · Mar 31, 2025

BACKGROUND Under any definition, the plaintiff qualifies as a highly vexatious litigant. In the past few years alone, he has filed nearly 50 cases in this and other federal courts. … Because the plaintiff names EOP and OMB, rather than the United States, as the defendants, he cannot establish a waiver of sovereign immunity under the FTCA. See id.

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.

United States v. National Society of Professional Engineers

389 F. Supp. 1193 · District Court, District of Columbia · Dec 31, 1974

The business nature of professional engineering firms is clearly established in the record. … He then seeks out, and may interview, qualified and informed professionals, to discuss his problem.

McGarry v. Udall

216 F. Supp. 314 · District Court, District of Columbia · Aug 14, 1962

Section 17 of the Mineral Leasing Act requires the Secretary of the Interior to issue a lease *316 to the first qualified applicant therefor, if a lease is to be issued. … Graham was the first qualified applicant. On this appeal, Mr. McGarry contends that the land in question was covered by subsisting oil and gas leases at the time when Mrs.

3m Company v. Boulter

290 F.R.D. 5 · District Court, District of Columbia · Mar 22, 2013

Circuit has held that Rule 56 precludes summary judgment for a defendant claiming qualified immunity where there is a genuine issue of material fact, explaining that “[w]hen considering a motion for summary judgment, a … Furthermore, the Supreme Court has held that, even where a defendant asserts qualified immunity, lower courts cannot require plaintiffs to meet a heightened burden of proof to defeat summary judgment, in part because such

Stovall v. Vilsack

District Court, District of Columbia · Sep 10, 2025

The docket clearly indicates government counsel’s intent to represent both named defendants. … Circuit has “recognized the well- established rule that sovereign immunity bars suits for money damages against officials in their official capacity, absent a specific waiver by the

Crowley v. Muskie

496 F. Supp. 360 · District Court, District of Columbia · May 22, 1980

On November 1, 1978, another stipulation and consent agreement was signed by the Court establishing procedures to resolve the claims of all individuals dissatisfied with Defendants’ settlement offers. … It is clear that Plaintiffs, who would be qualified to perform certain jobs had they not been put in overcomplemency, are not now qualified to perform those jobs.

Upshaw v. United States

669 F. Supp. 2d 32 · District Court, District of Columbia · Nov 16, 2009

At the motion to dismiss stage, a plaintiff must therefore allege facts that, if true, would establish that the defendants were acting outside the scope of their employment. Stokes, 327 F.3d at 1215 . … employment, and waives the government’s sovereign immunity from such claims.”

Sace S.P.A. v. Republic of Paraguay

District Court, District of Columbia · Mar 21, 2017

When addressing a foreign sovereign’s explicit waiver of sovereign immunity under the FSIA, courts have been clear that “[a] foreign sovereign will not be found to have waived its immunity unless it has clearly and unambiguously … , which unquestionably qualifies as a public act.

Mebane v. United States

789 F. Supp. 410 · District Court, District of Columbia · Apr 6, 1992

Turner is clearly a “prevailing party” in a civil action as is required by EAJA. A party must have “succeeded] on any significant issue in litigation” in order to qualify as a prevailing party. … Clearly he was acting within the scope of employment.

Hobson v. Wilson

556 F. Supp. 1157 · District Court, District of Columbia · Jun 1, 1982

In lengthy instructions that apparently are not now challenged by any defendant, the Court explained to the jury the criteria for qualified official immunity, and indicated how the jury should record the verdict they reached … City of Independence, supra, the Supreme Court rejected a construction of section 1983 that would have allowed municipalities a qualified “good faith” immunity from liability for constitutional violations.

Caribe Trailer Systems, Inc. v. Puerto Rico Maritime Shipping Authority

475 F. Supp. 711 · District Court, District of Columbia · Apr 19, 1979

To hold otherwise would be tantamount to extending venue under section 1391 to any district in which the plaintiff resides, a result clearly not contemplated by the rules. Philadelphia Housing Authority v. … Earlier Supreme Court decisions also establish that a court cannot require the absence of initiative or lobbying by a defendant before granting him immunity.

Maxberry v. Department of the Army, Board of Correction of Military Records

952 F. Supp. 2d 48 · District Court, District of Columbia · Jul 3, 2013

If the plaintiff cannot establish both elements, the court must dismiss the action. Steel Co. v. … Sovereign Immunity The United States and its federal agencies are generally immune from suit pursuant to the doctrine of sovereign immunity unless Congress explicitly waives it. United States v.

Alliance of Artists & Recording Companies v. General Motors Co.

162 F. Supp. 3d 8 · District Court, District of Columbia · Feb 19, 2016

Specifically, and as referenced above, the AHRA establishes that only certain media qualify as DMRs for AHRA purposes; namely, those that are material objects in which “only sounds” and data incidental to those sounds are … In short, this Court is persuaded that the text the AHRA establishes that a DACR is, by definition, a DMR.

Atlantic Tele-Network Inc. v. Inter-American Development Bank

251 F. Supp. 2d 126 · District Court, District of Columbia · Mar 13, 2003

Congress clearly did not confer the power to make such decisions upon aggrieved private citizens for their personal commercial advantage without regard to the national interest. … Agreement Establishing The Inter-American Development Bank, April 8, 1959, Art. XI, Section 3.

UNITED WESTERN BANK v. Office of Thrift Supervision

793 F. Supp. 2d 357 · District Court, District of Columbia · Jun 24, 2011

Therefore, plaintiffs bear the burden of establishing that sovereign immunity has been abrogated in order to overcome defendants’ motions to dismiss. II. ANALYSIS A. … The court reiterated: The specific language of both the statutes and regulations clearly establish that upon the appointment of ... the receiver ... the members, officers, and directors of that association, save and except

De Sousa v. Embassy of the Republic of Angola

229 F. Supp. 3d 23 · District Court, District of Columbia · Jan 9, 2017

While the DC Circuit has not addressed the issue directly, in analogous circumstances, the Circuit has held that a “foreign sovereign will not be found to have waived its immunity unless it has clearly and unambiguously … Such clearly irrelevant language does not constitute an explicit waiver of immunity as required by the FSIA’s § 1610(d)(1). 7 Accordingly, the plaintiff’s remaining motions for attachment of any Embassy property are denied

Davis v. District Director, Immigration & Naturalization Service

481 F. Supp. 1178 · District Court, District of Columbia · Dec 19, 1979

The Privileges and Immunities clause of Article IV, Section 2, serves to prevent one state from discriminating against another state. … Article I, Section 8 of the Constitution establishes that “Congress shall have power ... To establish an uniform Rule of Naturalization.”