Case law

North v. Smarsh, Inc.

160 F. Supp. 3d 63 · District Court, District of Columbia · Dec 4, 2015

In the instant case, the record clearly establishes that diversity jurisdiction exists over Plaintiffs’ claims. … Opp’n to FINRA’s MTD at 22 (arguing that “[i]ntentional spoliation, alteration, and falsification of records are clearly not a regulatory, adjudicatory, or disciplinary function” and that “there is no immunity that protects

Mills Law Group LLP v. Republic of Iraq

District Court, District of Columbia · Sep 27, 2024

The court found that Pakistan’s “failure to meet its payment obligation under such a contract” qualified as an act that caused a “direct effect” in the United States. Id. … Because the commercial activity exception to sovereign immunity applies to this civil action, Iraq and MoJ are “not entitled to immunity.” 28 U.S.C. § 1330(a).

Lewis v. Green

629 F. Supp. 546 · District Court, District of Columbia · Feb 28, 1986

It is well *553 established that judges are immune from damages for actions undertaken within their jurisdiction. Bradley v. Fisher, 13 Wall. 335 (1872) (federal judge immune from civil liability); Foster v. … On motion for summary judgment, should such a motion be made, the defendants would, of course, be entitled to invoke the defense of qualified immunity. Butz v.

Miller v. Lyng

660 F. Supp. 1375 · District Court, District of Columbia · May 12, 1987

The plaintiff, who was 54 at the time in question, clearly belongs to the protected class. 2. … While this is certainly admirable, defendant could not establish that it made the selectee a better candidate for the FOM position.

Lamb v. Millennium Challenge Corporation

228 F. Supp. 3d 28 · District Court, District of Columbia · Jan 6, 2017

The MCC argues that these claims are futile because Lamb has failed to plead facts sufficient “to establish that the defendants are not entitled to qualified immunity.” Dkt. 44 at 2– 3. … Plaintiff has not averred any facts that would support the inference that a reasonably competent federal government employee violated a clearly established constitutional right. Dkt. 44 at 3.

Wamai v. Republic of Sudan

District Court, District of Columbia · Nov 30, 2011

These activities were clearly facilitated by the Sudanese government. … Sept. 20, 2007) (finding that an embassy attack “clearly qualifies as an extrajudicial killing”).

Haim v. Islamic Republic of Iran

784 F. Supp. 2d 1 · District Court, District of Columbia · May 19, 2011

Here, the evidence establishes facts sufficient to justify the waiver of defendants’ sovereign immunity under the FSIA. First, Iran was designated a state-sponsor of terror by the U.S. … Here, as in Rimkus II, “plaintiffs Complaint does not clearly ar *12 ticulate a particular theory of recovery, but rather alleges facts necessary to establish the five basic elements of a cause of action under § 1605A.”

Alliance for Global Justice v. District of Columbia

437 F. Supp. 2d 32 · District Court, District of Columbia · Jun 15, 2006

Legislative Immunity Council activities within the legislative sphere are statutorily shielded from discovery. … Both areas of testimony clearly fall within the “legislative sphere” and are shielded by the District’s speech and debate statute.

American Gateways v. US Department of Justice

District Court, District of Columbia · Jul 21, 2025

In addition to establishing their own injuries that are redressable through their APA claims, Plaintiffs assert injury on behalf of their clients. … First, certain agency actions are “presumed immune from judicial review.” Id. (quoting Heckler v. Chaney, 470 U.S. 821, 832 (1985)).

Nanko Shipping, USA v. Alcoa, Inc.

107 F. Supp. 3d 174 · District Court, District of Columbia · Jun 5, 2015

Article 9 of the Convention gave Guinea a qualified right to ship 50% of the bauxite produced: The Government [of Guinea] reserves the right, inasmuch as it does not adversely affect the … Guinea, however, cannot be joined because it is entitled to sovereign immunity.

Schwartz v. Islamic Republic of Iran

District Court, District of Columbia · Nov 30, 2020

To establish subject-matter jurisdiction, a FSIA “plaintiff bears an initial burden of production to show [that] an exception to immunity, such as § 1605A, applies.” Owens IV, 864 F.3d at 784. … Supp. 3d at 205, and 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—with one minor exception

Ficken v. Golden

696 F. Supp. 2d 21 · District Court, District of Columbia · Mar 16, 2010

Howard Univ., 984 F.Supp. 27, 29 (D.D.C.1997) (observing that “it is well established that removal generally requires unanimity among the defendants”) (quoting Balazik v. … Kelly, 963 F.2d 453 (D.C.Cir.1992)] Order, the defendant clearly advised plaintiff of her obligation to respond (and the consequences of inaction or insufficient action)”).

Speelman v. United States

461 F. Supp. 2d 71 · District Court, District of Columbia · Nov 15, 2006

See Opposition at 3. 2 Since plaintiffs’ failure to exhaust is uncontested and is clearly required by the statute, their claim for damages will be dismissed for failure to state a claim upon which relief may be granted. … Randolph, 110 F.3d 75, 78 (D.C.Cir.1997) (noting that waiver of sovereign immunity is a jurisdictional prerequisite).

Oveissi v. Islamic Republic of Iran

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 … defendants’ traditional immunity.

Tratner v. Islamic Republic of Iran

District Court, District of Columbia · Jul 19, 2022

The last element-sovereign immunity-needs elaboration. A foreign state has no immunity: in any case ... … With the last element to waive the defendants' sovereign immunity satisfied, the Court concludes that the defendants-Iran, Syria, and SAFI-are not entitled to sovereign immunity.

Dowd v. Calabrese

589 F. Supp. 1206 · District Court, District of Columbia · May 30, 1984

Kramer relies next on qualified official immunity, arguing that his investigative activities were conducted in the scope of his official employment. See Harlow v. … Thus, summary judgment on immunity grounds in favor of Kramer is not appropriate.

Lin v. District of Columbia

District Court, District of Columbia · Apr 15, 2019

Lin pending the arrival of a qualified interpreter or qualified interviewer.” TAC, ECF No. 70, ¶ 154 (emphasis added). … But, the District of Columbia is not immune from suits challenging ministerial functions.

Thomas v. Washington Metropolitan Area Transit Authority

District Court, District of Columbia · Apr 9, 2018

WMATA is immune from ADEA claims. WMATA asserts that it is immune from ADEA suits; the Court agrees. … WMATA proceeded to hire another candidate, even though that candidate allegedly did not meet the posted job requirements and was allegedly less qualified than Thomas. See id. ¶¶ 5, 8–11.

Hall v. Washington Metropolian Area Transit Authority

District Court, District of Columbia · Oct 2, 2020

The plan administrator, in turn, “shall notify . . . any qualified beneficiary” whose coverage may be affected by the qualifying event of their right to elect continuation coverage. Id. § 300bb-6(4). … Amendment immunity” of Maryland and Virginia.

Mark v. Republic of the Sudan

District Court, District of Columbia · Oct 7, 2021

Even as of today, no judicial ruling or settlement has established Sudan’s liability in the Hamas attack on the Mark family. … Congress’s authority to limit the jurisdiction it has bestowed on federal courts is well established. See Patchak v. Zinke, 138 S. Ct. 897, 907 (2018).