Case law

West Flagler Associates, Ltd. v. Haaland

District Court, District of Columbia · Nov 22, 2021

Cir. 2009) (“[S]overeign immunity is an immunity from suit.”); see also Mowrer v. DOT, 14 F.4th 723, 741–43 (D.C. … Because the Compact authorizes patrons to wager off Indian lands, and because those bets clearly qualify as “gaming,” 25 U.S.C.

Wyatt v. Syrian Arab Republic

362 F. Supp. 2d 103 · District Court, District of Columbia · Mar 3, 2005

provision of military and terrorist training to PKK members; and (g) establishment and maintenance of PKK’s logistical infrastructure in Syria. … There is no indication in the International Convention Against the Taking of Hostages that such a scenario would not still qualify as hostage taking— indeed, the Convention and the caselaw appear far more focused on the intent

Gonzalez Flavell v. International Bank for Reconstruction and Development

District Court, District of Columbia · Mar 25, 2021

and immunities as foreign nations conferred by the Foreign Sovereign Immunities Act (“FSIA”),” id. at ¶ 6. … not be used to establish . . .

Wiggins v. Hitchens

853 F. Supp. 505 · District Court, District of Columbia · May 13, 1994

. § 1681a(f); however, defendants may qualify as “users” of the Equifax report. In Austin v. Bank America Serv. … It is well established that “there is no recognized independent tort action for civil conspiracy in the District of Columbia,” Waldon v.

Petrolite Corp. v. United States Environmental Protection Agency

519 F. Supp. 966 · District Court, District of Columbia · Jun 25, 1981

The 1978 scheme handled the transition problem by stipulating that data submitted between 1970 and 1978 would qualify for future compensation to the extent necessary to provide a total compensation period of fifteen years … Plaintiff’s argument, if sustained, might preclude the enforcement of all of these statutes 24 because the trade-off legislated by Congress in each case does not furnish absolute immunity from disclosure of all trade secrets

Price v. Socialist People's Libyan Arab Jamahiriya

274 F. Supp. 2d 20 · District Court, District of Columbia · Jul 21, 2003

Third, it dismissed plaintiffs’ hostage-taking claim, explaining that “[u]nder no reasonable reading of the plaintiffs’ complaint does their admittedly unpleasant imprisonment qualify as hostage taking so defined.” Id. … As noted above, it concluded that plaintiffs’ complaint lacked the specificity necessary to establish a claim against defendant based on torture, and remanded to this Court to permit plaintiffs to amend their complaint.

Tozzi v. EPA

148 F. Supp. 2d 35 · District Court, District of Columbia · Jun 29, 2001

The APA is a general waiver of sovereign immunity in regards to judicial review subject to two qualifications. … Mead, the United States Supreme Court’s latest exposition on Chevron deference, the Court stated that: “administrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that

Kronberg v. U.S. Department of Justice

875 F. Supp. 861 · District Court, District of Columbia · Feb 13, 1995

•The Department of Justice Manual clearly requires that all requests for immunity for witnesses must be in writing on DOJ Form OBD-111 and must be approved by either the U.S. or Assistant U.S. Attorney. … materials relating to immunization of grand jury witnesses. 30 Copies of materials relating to immunization of grand jury witnesses. 107 Trial immunity orders and applications. 112 Richard Welch [sic] immunity motion and

Banner v. United States

303 F. Supp. 2d 1 · District Court, District of Columbia · Mar 11, 2004

As clearly established, although District residents have no right to congressional representation, the federal government may tax them. Loughborough , 18 U.S. (5 Wheat) at 325, 5 L.Ed. 98 . … The District and its Council clearly have standing in their own right, see Wyoming v.

Butler v. Democratic People's Republic of Korea

District Court, District of Columbia · Nov 4, 2025

ANALYSIS The Court has jurisdiction in this case to the extent that North Korea’s actions qualify for the FSIA’s terrorism exception. … Each has clearly suffered grievously because of North Korea’s actions. Young Hwa Chung Kim is the widow of Reverend Kim.

Rizk v. Stufft

District Court, District of Columbia · Jul 1, 2025

In light of these regulations, CFL-CANADA argues that it “has changed its economic position in order to qualify for the visa,” “already spen[ding] over $100,000.” Opp’n Br. at 13. … But none of these qualms with the consular officer’s ultimate findings establish bad faith.

Griggs v. Washington Metropolitan Area Transit Authority

66 F. Supp. 2d 23 · District Court, District of Columbia · Aug 31, 1999

Indeed, the question of whether or not Officer Hay-mans qualifies as an “agent” of the District depends largely on evidence and testimony which has not yet been presented to the court. … Governmental Immunity Claims against government agencies must also withstand the scrutiny associated with sovereign immunity.

Buzzanca v. District of Columbia

District Court, District of Columbia · Jun 14, 2019

Plaintiff clearly has done so here. After all, he alleges that DOC detained him for nearly five months beyond his release date. Compl. ¶¶ 8–9. … “[T]he burden of establishing that the official function in question merits absolute immunity rests on the defendant.” Moss v. Stockard, 580 A.2d 1011, 1020 n.18 (D.C. 1990) (citing District of Columbia v.

Sanofi-Aventis U.S. LLC v. Food & Drug Administration

733 F. Supp. 2d 162 · District Court, District of Columbia · Aug 25, 2010

Understanding the potential for your product to elicit an immune response is critical, since [LMWHs] are associated with a serious immune-driven adverse event, heparin induced thrombocytopenia (“HIT”). … regarding "methods for qualifying impurities.”

In Re the Arbitration Between International Bechtel Co. & Department of Civil Aviation of the Government of Dubai

300 F. Supp. 2d 112 · District Court, District of Columbia · Feb 5, 2004

But Bechtel does not assert that the FAA confers subject matter jurisdiction in this Court, and clearly it does not. 4 It is the FSIA that “provides the sole basis for obtaining jurisdiction over a foreign state in the courts … This is because “failure to assert the immunity after consciously deciding to participate in the litigation may constitute an implied waiver of immunity, 28 U.S.C. § 1605 (a)(1), which invests the court with subject matter

Heard v. United States Department of State Etc.

District Court, District of Columbia · Sep 17, 2010

Furthermore, in delineating the parameters of such a right, the Court must avoid “defining the right in overly general terms,” since doing otherwise would “strip the qualified immunity defense of all meaning.” … There, a judge of this Court held that in addition to the plaintiff’s inability to establish a valid waiver of sovereign immunity or make a valid claim under the FTCA, the case also warranted dismissal because the claims

Beeman v. Middendorf

425 F. Supp. 713 · District Court, District of Columbia · Jan 18, 1977

As to the sovereign immunity issue, it is only necessary to note that a venerable exception to that doctrine arises when government officials commit unconstitutional acts. See Larson v. … Brown clearly holds that “the Civil Rights Act of 1964, as amended, provides the exclusive judicial remedy for claims of discrimination in federal employment.” Id. at 835 , 96 S.Ct. at 1969 .

De Sousa v. Department of State

840 F. Supp. 2d 92 · District Court, District of Columbia · Jan 5, 2012

The alternative that would more clearly enable the plaintiff and her counsel to avoid violating any such agreements would be for the Court to order the government to disclose the classified information the plaintiff wishes … to immunity do exist.

Peterson v. Islamic Republic of Iran

224 F. Supp. 3d 17 · District Court, District of Columbia · Dec 16, 2016

The Court also examined NDAA § 1083(c)(3)(B), holding that it did not run afoul of established constitutional principles. Id. at 86. … This Court once again observed that "[f]or some unknown reasons, plaintiffs never attempted to qualify this case for retroactive treatment under 28 U.S.C. § 1605A; therefore the special masters never qualified under§ 1605A

Petty v. Mendelson

District Court, District of Columbia · Feb 4, 2025

City Council members with immunity from lawsuits—including § 1983 claims—for conduct undertaken in their legislative capacities.” (citing Gross v. Winter, 876 F.2d 165, 169 (D.C. Cir. 1989))). … Voting on a resolution clearly falls within Defendants’ legislative capacities. 4 IV.