Case law

Pendergrass v. Washington Metropolitan Area Transit Authority

District Court, District of Columbia · Sep 6, 2023

WMATA “openly acknowledges” his prior offense as “a non-violent offense[,]” it has deemed him “a lifetime threat to the vulnerable population consisting of the elderly, children, disabled, etc.” despite being “well- qualified … Pendergrass’ 2018 Case, “that this waiver of immunity does not waive immunity against claims under the Fair Credit Reporting Act.”

McKesson Corp. v. Islamic Republic of Iran

138 F.R.D. 1 · District Court, District of Columbia · Jul 5, 1991

Clearly then, the plaintiffs face a fairly heavy burden of production in establishing subject-matter jurisdiction in this regard. … Alternatively, the term “control” is also a legal term of art in the context of establishing jurisdiction.

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.

Association of American Physicians & Surgeons, Inc. v. Schiff

District Court, District of Columbia · Feb 2, 2021

Plaintiffs have failed to establish an injury in fact sufficient to support standing. … 2007) (“[A] Member’s gathering of information beyond the formal investigative setting is protected by the Speech or Debate Clause so long as the information is acquired in connection with or in aid of an activity that qualifies

Walker v. Johnson

501 F. Supp. 2d 156 · District Court, District of Columbia · Aug 17, 2007

Clearly, Dr. … Walker, as an African-American, has clearly established the first element of a prima facie case. As to the second element, however, the evidence is lacking.

Haynie v. Veneman

272 F. Supp. 2d 10 · District Court, District of Columbia · Jul 23, 2003

Just as it bars claims for pre-judgment interest, sovereign immunity precludes demands for jury trials on claims against the federal government unless Congress has clearly waived that immunity and expressly granted a right … Nevertheless, an express waiver of immunity in another context cannot substitute for the absence of a direct waiver of immunity under ECOA.

District of Columbia v. Landmark Services, Inc.

416 F. Supp. 559 · District Court, District of Columbia · Jun 30, 1976

These are subjects over which *564 the Secretary clearly has power under 16 U.S.C. §§ 20 -20g (1970). … The problem is whether it has been so established.

Lester v. Board of Elections for District of Columbia

319 F. Supp. 505 · District Court, District of Columbia · Nov 20, 1970

The most recent legislative pronouncement as to residency requirements is set out in the Voting Rights Act Amendment of 1970 4 by which Congress established a uniform residency requirement of 30 days for voting in presidential … These findings resting in part as they do on the “compelling state interest” test clearly reflect the current trend of the law.

In the Matter of the Yellow Line Cases

District Court, District of Columbia · Aug 14, 2017

As such, these decisions are clearly ‘susceptible to policy analysis,’ even if specific decisions were not the result of such a reasoned analysis.” Id. at 341. The court reaches the same conclusion here. … official immunity.”

McNeil v. Brown

District Court, District of Columbia · Feb 28, 2019

And the Court noted in its opinion that Judge Brown was clearly acting in her official capacity when she “affirmed the dismissals of Plaintiffs’ underlying lawsuits.” McNeil, 2018 WL 4623057, at *7. … Plaintiffs claim that judicial immunity is not available in lawsuits seeking declaratory relief. Pls.’ Mot. Alter J. at 9-10. Plaintiffs raised the issue of judicial immunity in their opposition, Pls.’ Mem.

Halbig v. Sebelius

27 F. Supp. 3d 1 · District Court, District of Columbia · Jan 15, 2014

Health Plans] available to qualified individuals and/or qualified employers. … In some respects, the tax refund suit clearly provides a path to a potential remedy.

McCrea v. District of Columbia

District Court, District of Columbia · Mar 31, 2021

Legislative Immunity The D.C. … Applying the functional approach, the court finds that Hochhauser is entitled to immunity. The Board was established to make decisions “with respect to retirement and disability,” D.C.

Weinstein v. Islamic Republic of Iran

184 F. Supp. 2d 13 · District Court, District of Columbia · Feb 6, 2002

As the Court noted in Flatow , the FSIA provides that personal jurisdiction over defendants will exist where a plaintiff establishes the applicability of an exception to immunity pursuant to 28 U.S.C. § 1604 , § 1605, or … Under even the most restrictive interpretation of the term, the defendant’s actions in this matter are clearly outrageous and warrant the imposition of punitive damages.

Allen v. Russian Federation

522 F. Supp. 2d 167 · District Court, District of Columbia · Nov 26, 2007

Once a defendant alleges that the FSIA provides immunity, the Court must determine whether one of the exceptions to immunity applies. … Plaintiffs argue that Gazprom’s “sponsored ADRs, which trade on U.S. securities markets, alone are sufficient to establish jurisdiction.” Id. That argument clearly lacks merit.

Thompson v. Boyle

499 F. Supp. 1147 · District Court, District of Columbia · Jul 8, 1980

However, the facts clearly establish that bookbinders rarely perform more than one job. The evidence also indicates that few bookbinder operations require more than a few months training. … It has long been established that “a waiver of the traditional sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ ” United States v.

Lea v. District of Columbia

District Court, District of Columbia · Aug 8, 2022

entitled to qualified immunity. … The doctrine of qualified immunity shields government officials from suit under § 1983 so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

National Mining Association v. Jackson

District Court, District of Columbia · Jan 14, 2011

The court held that "the directive clearly establishe[d] a substantive rule declaring that third- party human studies are now deemed immaterial in EPA regulatory decision[-]making," id. at 883, and further concluded that … Siegal, 552 F.3d 1203, 1211 (10th Cir. 2009) (finding that the record clearly established that 13 The same is true of the re-mining projects described in the declaration of William Wells, the Vice President of

Klayman v. Porter

District Court, District of Columbia · Feb 6, 2026

Court of Appeals, are not capable of being sued, (2) that the Court should dismiss both counts of the Amended Complaint for failure to state a claim, (3) that the ODC and the Board Defendants have qualified immunity from … Circuit clearly explained that “Klayman is wrong.

Jordan v. District of Columbia

161 F. Supp. 3d 45 · District Court, District of Columbia · Jan 29, 2016

Also pending before the Court is PIW’s motion for leave to file an amended answer raising a defense of qualified immunity. … Thus, the Court will deny as moot PIW’s motion for leave to file an amended answer raising a qualified immunity defense and will similarly deny as moot Plaintiffs’ motion to file a sur-reply contesting PIW’s qualified immunity

Vila v. Inter-American Investment Corporation

District Court, District of Columbia · Jan 26, 2009

judicial process” under the International Organizations Immunities Act (“Immunities Act”) , 22 U.S.C. § 288a(b) (2006). … Moreover, other portions of the Thompsen opinion clearly support this Court’s interpretation of the ruling.