Case law

Sea Search Armada v. Republic of Colombia

821 F. Supp. 2d 268 · District Court, District of Columbia · Oct 24, 2011

First, it argues that the Court lacks subject-matter jurisdiction because Colombia is immune from suit in the United States under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1602-11. Mot. at 4-13. … Nevertheless, Plaintiff’s characterization of the Colombia Supreme Court’s decision does not qualify as a money judgment under the UFMJRA.

Hackley v. Johnson

360 F. Supp. 1247 · District Court, District of Columbia · Jul 13, 1973

Congress clearly left primary responsibility for enforcement of these rights within the Civil Service Commission. … The Army has helped Franklin find other possible GS-11 positions ouside WRAMC for which he is qualified but there is no indication he has applied.

Amex Systems, Inc. v. Cardenas

519 F. Supp. 537 · District Court, District of Columbia · Jul 22, 1981

They are merely participants in the program by which the SBA awards contracts to qualified businesses. … The government contends that this action is barred by the doctrine of sovereign immunity by virtue of 15 U.S.C. § 634 (b), which permits the Administrator to sue and be sued but provides that “no attachment, injunction, garnishment

Lee v. United States Department of Justice

287 F. Supp. 2d 15 · District Court, District of Columbia · Oct 9, 2003

However, plaintiffs had “clearly ... not fulfilled their obligation to ex *19 haust possible alternative sources of [the same] information.” Id. … Neither is immune, on First Amendment grounds, from testifying against the other, before the grand jury or at a criminal trial.

Philipp v. Federal Republic of Germany

248 F. Supp. 3d 59 · District Court, District of Columbia · Mar 31, 2017

Sovereign Immunity Under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-1611, “a foreign state is presumptively immune from the jurisdiction of United States courts,” and “unless a specified exception … Indeed, in Garamendi, the executive agreement at issue clearly contemplated the U.S.

Scott v. Conley

893 F. Supp. 2d 6 · District Court, District of Columbia · Sep 26, 2012

A CMU inmate need not be linked to terrorist activity to qualify for CMU placement. … immunity, see z`a’.

Fenwick v. United States of America

District Court, District of Columbia · Mar 8, 2010

immunity.” … The defendants rely on materials outside the pleadings in making their qualified immunity arguments, see, e.g., Defs.’ Mot. at 29-30, and so those arguments must be addressed as part of a motion for summary judgment.

Simpson v. Socialist People's Libyan Arab Jamahiriya

362 F. Supp. 2d 168 · District Court, District of Columbia · Mar 7, 2005

Price I, 294 F.3d at 85 (holding that properly stating a claim for one of the acts set out in 28 U.S.C. § 1605 (a)(7) such as torture or hostage taking is required in order “to abrogate sovereign immunity and establish subject-matter … Socialist People’s Libyan Arab Jamahiriya, 290 F.Supp.2d 54, 60 (D.D.C.2003) (stating that § 2337(2) “clearly precludes” a plaintiffs claim against a foreign state under § 2333).

Myvett v. Williams

District Court, District of Columbia · Aug 3, 2009

Legal Standard for Immunity of Federal Officers Under the Westfall Act The Westfall Act confers immunity on federal employees “by making [a Federal Tort Claims Act (“FTCA”)] action against the Government the exclusive … Compl. ¶ 6, and, even taking the plaintiff’s allegations as true, the defendants’ actions in removing the plaintiff from CSOSA and highlighting his allegedly questionable behavior clearly were meant, at least in part,

Johnson v. Bechtel Associates Professional Corp.

545 F. Supp. 783 · District Court, District of Columbia · Jul 21, 1982

Nothing contained in this Title shall be construed as a waiver by the District of Columbia, Maryland, Virginia and the counties and cities within the Zone of any immunity from suit. … Performance of the Contract The hearing of May 17-18 clearly established that the performance of the Bechtel-WMATA conformed to the agency relationship contemplated by the contract’s terms.

Estate of Jeremy Isadore Levin v. Wells Fargo Bank, N.A.

District Court, District of Columbia · Jun 1, 2023

On this theory, the OFAC license here, which (like the initial blocking order) was issued pursuant to IEEPA, would not qualify to unblock the assets. … At the very least, the Circuit’s logic applies to common-law jurisdictional limitations like this one which, much like sovereign immunity, are no ordinary discretionary or prudential rules but instead establish a “mandatory

Peres Ben-Rafael v. Islamic Republic of Iran

District Court, District of Columbia · Jun 18, 2010

To qualify, the new action must “aris[e] out of the same act or incident”and “commence[] not later than the latter of 60 days after– (A) the date of the entry of judgment in the original action; or (B) the date of the enactment … Before entering default judgment, the Court must inquire further to determine if plaintiffs have established their claims “by evidence satisfactory to the court.” 28 U.S.C. § 1608(e).

Anderson v. Spellings

20 F. Supp. 3d 42 · District Court, District of Columbia · Sep 30, 2013

It is a bedrock principle of American law that, as Sovereign, the United States is immune from suit unless Congress has expressly waived that immunity. See, e.g., FAA v. … Plaintiffs counter that the ADEA federal-sector provision sufficiently waived federal sovereign immunity. They advocate the adoption of the Supreme Court’s sovereign immunity analysis in Gomez-Perez.

Anselmo v. King

902 F. Supp. 273 · District Court, District of Columbia · Oct 30, 1995

Sovereign immunity. OPM’s main submission in this motion is that the United States has not waived its sovereign immunity to the claims presented in this case. … In order to satisfy this element, plaintiffs must establish that the official act in question is ministerial and not discretionary, and that the obligation to act is peremptory and clearly defined.

Sisseton Wahpeton Oyate of the Lake Traverse Reservation v. Jewell

130 F. Supp. 3d 391 · District Court, District of Columbia · Sep 17, 2015

When the Court’s subject-matter jurisdiction is challenged, the party asserting jurisdiction bears the burden of establishing that the court does, in fact, have subject-matter jurisdiction over the dispute. … Plaintiffs would clearly be time barred. However, the Court’s inquiry does not end there.

Rauseo v. Army Corps of Engineers

368 F. Supp. 3d 202 · District Court, District of Columbia · Mar 26, 2019

Jurisdiction The federal defendants argue that the citizen suit provision of the CWA does not explicitly waive the government's sovereign immunity interest because plaintiffs have failed to demonstrate that a clearly mandated … It is clearly established, however, that an agency's decision not to prosecute or take enforcement action is "generally committed to an agency's absolute discretion". Heckler v.

Federation for American Immigration Reform, Inc. v. Reno

897 F. Supp. 595 · District Court, District of Columbia · Aug 23, 1995

Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.”); Narenji v. … Standing An association, such as FAIR, can establish standing in one of two ways.

Cobell v. Kempthorne

569 F. Supp. 2d 223 · District Court, District of Columbia · Aug 7, 2008

But the Indian trust has been repeatedly audited, and while each of those audits has been qualified, see Cobell XX, 532 F.Supp.2d at 54 (discussing meaning of the many qualified audits), no audit report states or hints at … Angel’s historical reports are not biased but may be understated, IRMS data has important reliability problems, and the qualified audit data is, after all, only qualified, and was not even subjected to the time-series remodeling

Fletcher v. U.S. Department of Justice

17 F. Supp. 3d 89 · District Court, District of Columbia · Feb 21, 2014

To survive a motion to dismiss under Rule 12(b)(1), “[t]he plaintiff bears the burden of establishing both the court's statutory jurisdiction and the government's waiver of its sovereign immunity.” … This is clearly not a situation in which the Government destroyed records to avoid disclosure.

United States v. Otunyo

District Court, District of Columbia · Feb 18, 2021

immunity.” … Defendant Has Not Made the Threshold Showing that the Government Breached the Terms of the Proffer Letter Necessary to Earn a Hearing Having established that defendant has not made the requisite