Case law

Halim v. Donovan

951 F. Supp. 2d 201 · District Court, District of Columbia · Jul 1, 2013

. § 1983 – waive the government’s immunity to this action. … statute and ignore established case authority.”

Daliberti v. Republic of Iraq

97 F. Supp. 2d 38 · District Court, District of Columbia · May 23, 2000

Since at this stage the Court must accept as true all facts alleged by the plaintiffs, the question is whether the facts alleged are sufficient to establish the jurisdiction of this Court under an exception to immunity under … Quite clearly, plaintiffs rely only on the third category of commercial activity exception.

Lanny J. Davis & Associates LLC v. Republic of Equatorial Guinea

962 F. Supp. 2d 152 · District Court, District of Columbia · Aug 26, 2013

Davis left MWE and established Lanny J. Davis & Associates LLC (“LJDA”), the plaintiff in this action. See id. ¶ 7. After Mr. … Subject Matter Jurisdiction (Sovereign Immunity) 1.

Coleman v. Pension Benefit Guaranty Corp.

196 F.R.D. 193 · District Court, District of Columbia · Aug 10, 2000

Rule 23(b)(3) is “[fjramed for situations in which ‘class-action treatment is not as clearly called for’ as it is in Rule 23(b)(1) and (b)(2) situations,” but “where class suit ‘may nevertheless be convenient and desirable … Based on *199 their qualifications and litigation experience, plaintiffs’ attorneys appear qualified to represent the class. See Pls.’ Mot., Exs. V & W.

Rouse v. Springer

District Court, District of Columbia · Jan 29, 2010

Narcotics Agents, 403 U.S. 388 (1971), that high officials entitled to assert a qualified immunity defense directed plaintiff’s detention purposefully on account of his race and religion in violation of clearly established … Cir. 2007) (noting that a diminution in benefits qualifies as an adverse employment action).

Alemu v. Department of for Hire Vehicles

District Court, District of Columbia · Aug 21, 2018

DFHV further argues that Plaintiffs’ antitrust claims fail because they do not establish antitrust standing and because DFHV is immune to antitrust liability. See id. at 15–20. Mr. … Sub-state governmental entities are immune from antitrust liability so long as they act “pursuant to state policy to displace competition with regulation” that is “clearly articulated and affirmatively expressed.”

Shewmaker v. Minchew

504 F. Supp. 156 · District Court, District of Columbia · Oct 10, 1980

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978) establishes the proper, less sweeping standard, affording defendant only a qualified immunity even when acting within the scope of his authority. … Therefore the court must conclude that the doctrine established in Barr v. Matteo requires granting defendant absolute immunity from plaintiff’s common law tort claims in this case.

Spicer v. U.S. Marshals of District of Columbia

District Court, District of Columbia · Apr 11, 2025

Sovereign Immunity and the FTCA “It is elementary that the United States, as sovereign, is immune from suit save as it consents to be sued . . . , and the terms of its consent to be sued in any court define that … Cir. 1984) (holding that individual who is “not a member of the bar of any court . . . may appear pro se but is not qualified to appear in the District Court . . . as counsel for others”).

Amador County, California v. Kempthorne

170 F. Supp. 3d 135 · District Court, District of Columbia · Mar 16, 2016

The tribes sought equitable relief requiring the Secretary to: (1) “unterminate” each of the seventeen rancherias and (2) restore plaintiffs’ “rights, privileges and immunities” as Native Americans under the United States … These provisions, the Secretary argues, preclusively establish that the Rancheria qualifies as “Indian land.”

Ward v. Kennard

133 F. Supp. 2d 54 · District Court, District of Columbia · Jan 24, 2001

In this case, the plaintiff established pri-ma-facie cases of sex and age discrimination: 1) he applied for a position, 2) he was qualified, 3) he was in the protected classes (male, 53 years of age), 4) he was not selected … Circuit 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 government. See id. at 103 ; Mot for Summ.

Moss v. McDonough

District Court, District of Columbia · Jul 15, 2024

And, the plaintiff has not “clearly and adequately[,]” id. … In that event, the [law’s] specific remedial scheme establishes the exclusive framework for the liability Congress created under the statute.” Id. at 12.

Akiachak Native Community v. Department of the Interior

584 F. Supp. 2d 1 · District Court, District of Columbia · Sep 30, 2008

Marie, 458 F.Supp. at 468 (finding the loss of taxing and regulatory authority to be sufficient injury to establish standing). … Alaska, as a party to ANCSA and obligated under its terms, see 43 U.S.C. §§ 1608 , 1610, could sustain injury that is clearly within the zone of interests protected and regulated under this statute.

Hekmati v. Islamic Republic of Iran

278 F. Supp. 3d 145 · District Court, District of Columbia · Sep 29, 2017

His father’s health was “getting worse,” and his mother was “clearly struggling to take care [of him].” (Id.) C. … To qualify as torture, the mistreatment must be purposeful—that is, the defendant must have targeted the victim . . . .”)

Shafique v. United States Marshal Service

District Court, District of Columbia · Mar 11, 2026

Under Rule 12(b)(1), the plaintiff bears the burden to establish the Court’s subject-matter jurisdiction. Daim- lerChrysler Corp. v. Cuno, 547 U.S. 332, 342 (2006). … The Court Lacks Subject-Matter Jurisdiction Over All Claims Clearly Al- leged in the Complaint Because Sovereign Immunity Bars Them A court’s subject-matter jurisdiction is limited by the doctrine of

Hegna v. Islamic Revolutionary Guard Corps

District Court, District of Columbia · Dec 10, 2012

the state is not entitled to immunity.” … Taken at face value, this test would clearly bar the plaintiffs’ claims.

Timbisha Shoshone Tribe v. Salazar

District Court, District of Columbia · Mar 1, 2011

Under Rule 12(b)(1), Defendants contend that Plaintiffs cannot establish jurisdiction because (1) Defendants have not waived sovereign immunity and (2) Plaintiffs’ takings claim must be … Cir. 1984) (“It is well-established that sovereign immunity does not bar suits for specific relief against government officials where the challenged actions of the officials are alleged to be unconstitutional or

Salazar v. Islamic Republic of Iran

370 F. Supp. 2d 105 · District Court, District of Columbia · Mar 29, 2005

One of the revolutionaries’ objectives was to establish Iran as the preeminent power in the Middle East by, among other things, forcing the United States and other Western nations out of the region. … The requirements for applying section 1605(a)(7) and eliminating the sovereign immunity of Iran and MOIS-as well as any sovereign immunity the IRGC might arguably possess-are certainly satisfied here.

Donnelly v. Sebelius

851 F. Supp. 2d 109 · District Court, District of Columbia · Mar 30, 2012

has expressly waived the defense of sovereign immunity by statute. … “A plaintiff must overcome the defense of sovereign immunity in order to establish the jurisdiction necessary to survive a Rule 12(b)(1) motion to dismiss.” Jackson v. Bush, 448 F.

Schermerhorn v. State of Israel

235 F. Supp. 3d 249 · District Court, District of Columbia · Jan 25, 2017

To establish jurisdiction in such a situation, we therefore ask for more than merely a non-frivolous argument. … exceptions to immunity apply).

Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell

75 F. Supp. 3d 387 · District Court, District of Columbia · Dec 12, 2014

Clark County Plaintiffs insist that they “clearly raised the issue of the Tribe’s greatly expanded enrollment” at least three times. Clark Cty Reply at 16. … In addition, if the necessary articulation of basis for administrative action can be discerned by reference to clearly relevant sources other than a formal statement of reasons, we will make the reference.”