Case law

Kilburn v. Islamic rep/iran

District Court, District of Columbia · Mar 30, 2010

Importantly, the court has previously established that Libya and the Libyan External Security Organization (“LESO”) were not immune from jurisdiction under 28 U.S.C. … Hostage Taking, Torture, and Extrajudicial Killing The factual record establishes clearly that Hizbollah, with direction, funding, and guidance from Iran and MOIS, subjected Peter Kilburn to “hostage taking” as defined

Miller v. Johnson

541 F. Supp. 1165 · District Court, District of Columbia · Jun 8, 1982

In the next case that considered judicial immunity two years later, Bradley v. Fisher, 13 Wall. 335, 351 , 20 L.Ed. 646 (1871), the Court ruled out the qualifying words in Randall v. Brigham that are italicized above. … In so ruling Chief Justice Warren declared: New doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction, as this Court

Trusted Integration, Inc. v. United States

679 F. Supp. 2d 70 · District Court, District of Columbia · Jan 20, 2010

The Court found that the contract only established plaintiffs ownership of the timber and that therefore the action sounded in tort. Id. at 552 . Similarly, in Walsh v. … However, the waiver clearly applies to suits brought for “any violation of this chapter," which unequivocally shows that Congress intended to waive sovereign immunity for violations of § 1125. 15 U.S.C. § 1122 (emphasis added

Newdow v. Bush

355 F. Supp. 2d 265 · District Court, District of Columbia · Jan 14, 2005

The immunity is not without its exceptions, and the outer boundaries of the immunity remain unclear. … Given the significant doubt that his action can proceed in the face of substantial questions relating to issue preclusion and standing, and the absence of a clearly established violation of the Establishment Clause, the Court

Bathiard v. Islamic Republic of Iran

District Court, District of Columbia · Jun 29, 2018

To prevail on such a motion, a plaintiff must establish her right to relief “by evidence satisfactory to the court.” 28 U.S.C. § 1608(e). … Rather, in their view, “Congress extended no special treatment on this issue to a defaulting sovereign and clearly contemplated that none be given.” Id. at 3.

Women Involved in Farm Economics v. United States Department of Agriculture

682 F. Supp. 599 · District Court, District of Columbia · Mar 31, 1988

This clearly would not be the case. … That agency practices are long-established does not alone shield them from judicial review. Securities and Exchange Commission v.

Jack's Canoes & Kayaks, LLC v. National Park Service

937 F. Supp. 2d 18 · District Court, District of Columbia · Apr 8, 2013

An Act to Establish the National Park Foundation, Pub. L. No. 90-209 (1967). … Here, NPF’s Charter contains a “sue and be sued” provision and therefore necessarily waives any potential claim to immunity from suit. See An Act to Establish the National Park Foundation, Pub. L.

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.

In re United States Senate Select Committee

361 F. Supp. 1270 · District Court, District of Columbia · Jun 12, 1973

All this is not intended to suggest, however, that the court is nothing but a rubber stamp. § 6005 clearly requires that it be a checkpoint for assuring proper compliance with the established procedures. … In conclusion, the Court finds that the Select Committee requests have met the two procedural requirements established by § 6005. The Court is, therefore, compelled to grant unconditionally the immunity orders sought.

Riss & Company v. Association of American Railroads

170 F. Supp. 354 · District Court, District of Columbia · Jan 16, 1959

Counsel declined to so stipulate and thus impliedly recognized the importance of those allegations if they could be established as true. … The underlying contention here is that the rate reduction is clearly the dominant issue as to them and hence they, at least, should be permitted to litigate the question of antitrust immunity under 49 U.S.

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.

Thuneibat v. Syrian Arab Republic

167 F. Supp. 3d 22 · District Court, District of Columbia · Mar 1, 2016

To establish the legal and factual bases for their claims, the plaintiffs submitted as evidence four well-supported expert declarations from three eminently-qualified experts on Middle Eastern politics, forensic economics … In other words, all of the proffered experts are highly qualified to speak on their areas of expertise.

Patel v. Phillips

933 F. Supp. 2d 153 · District Court, District of Columbia · Mar 28, 2013

Qualified Immunity In light of the procedural posture of this case, defendant’s motion to dismiss on the basis of qualified immunity, see Defs.’ Mem. at 26-31, will be denied without prejudice. … “[A]mongst several defects, [the] FTCA claims are untimely and/or barred by res judicata[,]” and the Bivens claims “are similarly infirm” given that the individual defendants “are protected by qualified immunity.”

Steptoe & Johnson LLP v. UBS AG

250 F.R.D. 8 · District Court, District of Columbia · Apr 29, 2008

The law of work-product privilege is therefore a “two-tiered structure — qualified protection for ‘fact’ work product and more absolute protection for ‘opinion’ work product.” Id. at 811. DISCUSSION I. … His allegations are central to establishing that UBS employees were aware of the accounting fraud at HealthSouth, and he is apparently the only witness who will so testify.

Pendleton v. Holder

697 F. Supp. 2d 12 · District Court, District of Columbia · Mar 22, 2010

Here, Pendleton has not satisfied his burden of establishing that he was significantly more qualified than the selectees. See Adeyemi, 525 F.3d at 1227 . … Inconsistencies in the Selection Process Although Pendleton cannot establish that he was significantly more qualified to be a Senior Special Agent than *21 either of the selectees, “[a] plaintiff attacking a qualifieations-based

Mohammad Hilmi Nassif & Partners v. Republic of Iraq

District Court, District of Columbia · Mar 25, 2020

Thus, a foreign state “will not be found to have [explicitly] waived its immunity unless it has clearly and unambiguously done so.” World Wide Minerals, 296 F.3d at 1162 (citing Aquamar S.A. v. … But the FSIA does not require magic words like “waiver” or “immunity” to effect ex- plicit waiver; it requires only that such a waiver be made “[i]n a definite and unambiguous manner; unequivocally; expressly; clearly,

Nicola v. National Park Service

985 F. Supp. 2d 90 · District Court, District of Columbia · Oct 25, 2013

NPS argues that sovereign immunity bars this suit because plaintiff’s claim falls under the FTCA’s discretionary function exception, which provides that the FTCA's waiver of sovereign immunity shall not apply to: … In determining whether the discretionary function exception applies in this case, the Court utilizes the two-part test established in Gaubert. See Hsieh v. Consolidated Engineering Servs., Inc., 698 F.

Larsen v. United States Navy

486 F. Supp. 2d 11 · District Court, District of Columbia · Apr 30, 2007

Specifically, the defendants argue that the plaintiffs’ claims are barred by sovereign immunity, Defs.’ Mot. for Summary J. (“Defs.’ … Appropriate Legal Standard of Review for Assessing the Plaintiffs’ Establishment Clause and Free Exercise Clause Claims Under the current naval policy, the Navy “takes the best qualified candidates, regardless of denomination

Upshaw v. Dilger

District Court, District of Columbia · Nov 16, 2009

Absolute Immunity Under the Westfall Act Turning then to the merits of the issue at hand, Congress enacted the Westfall Act to provide that federal officials are absolutely immune from state tort lawsuits for money … At the motion to dismiss stage, a plaintiff must therefore allege facts that, if true, would establish that the defendants were acting outside the scope of their employment. Stokes, 327 F.3d at 1215.

Bayer & Willis Inc. v. Republic of the Gambia

283 F. Supp. 2d 1 · District Court, District of Columbia · Sep 11, 2003

As a general rule, “government instrumentalities established as juridical entities distinct and independent from their sovereign should normally be treated as such.” First Nat’l City Bank v. … “During its deliberations [prior to enacting the FSIA], Congress clearly expressed its intention that duly created instrumentalities of a foreign state are to be accorded a presumption of independent status.”