Case law

Bolden v. Winter

602 F. Supp. 2d 130 · District Court, District of Columbia · Mar 16, 2009

not clearly show that he was able to perform the tasks of the next level. … Oct. 27, 1980), a plaintiff “clearly established” a 'prima facie of discrimination when he was not promoted although he had been eligible for promotion for a significant amount of time, had “many successful years of service

Tidewater Investment Srl v. Bolivarian Republic of Venezuela

District Court, District of Columbia · Dec 17, 2018

Cir. 1980).2 But under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et seq., “a court cannot simply enter default judgment; rather, out of respect for the principle of sovereign immunity, it must … Though the FSIA codified the principle that foreign states are by and large immune from suit in the United States, it provides a set of enumerated exceptions to that general grant of immunity, including, such as here, when

Han v. Financial Supervisory Service

District Court, District of Columbia · Jul 5, 2022

“Under the clearly erroneous standard, the magistrate judge's decision is entitled to great deference” and “is clearly erroneous only if on the entire evidence the court is left with the definite and firm conviction that … Han has not established an injury, and because even if such an injury did exist, it would not be in D.C.

Ratley v. United States Postal Service

953 F. Supp. 2d 270 · District Court, District of Columbia · Jul 18, 2013

Service would have been content to rest on that purportedly fitting end to the potentially misdirected action, but the agency here has done precisely the opposite: it eschewed the opportunity to proclaim its purported immunity … The Court also finds that the Postal Service has clearly and unequivocally chosen the federal court path in adjudicating this $341.99 claim, despite the fact that leaving well enough alone would certainly have been the

Carter-El v. United States

District Court, District of Columbia · Nov 18, 2019

Supp. 3d 37, 46 (D.D.C. 2017) (“First, the law is well established that Congress has not waived the United States’ immunity with respect to tort claims arising under the Constitution.”), aff’d, No. 17-5285, 2018 WL 6721354 … Accordingly, not all federal officials qualify as investigative or law enforcement officers. See, e.g., Metz v.

Taucher v. Rainer

150 F. Supp. 2d 24 · District Court, District of Columbia · Mar 30, 2001

Clearly, the Institute for Justice is not a party as it did not bring this lawsuit, it represented plaintiffs in this lawsuit. … I therefore will not proceed until plaintiffs establish their EAJA eligibility. I hasten to add that I will not permit establishing that eligibility to become a complicated, protracted, and divisive affair.

Brestle v. Lappin

950 F. Supp. 2d 174 · District Court, District of Columbia · Jun 20, 2013

interest in non-disclosure against any qualifying public interest in disclosure. … Circuit instructs: To establish that the release of information contained in government files would result in a clearly unwarranted invasion of privacy, the court first asks whether

Parisi v. Sinclair

District Court, District of Columbia · Mar 31, 2011

. § 230(b)(2), by establishing immunity for internet publication of third-party content to require a fact-based analysis of if and when a defendant "adopted" particular statements and revoke immunity on that … Sinclair's book, which made allegations about a presidential candidate that were, in and of themselves, widely publicized, was clearly newsworthy.

Dye v. United States

516 F. Supp. 2d 61 · District Court, District of Columbia · Sep 27, 2007

Plaintiffs bear the burden of establishing subject matter jurisdiction, see Brady Campaign to Prevent Gun Violence v. … That relief is clearly barred by 26 U.S.C. § 7422 , which provides in pertinent part: No suit or proceeding shall be maintained in any court for the recovery of any internal revenue tax alleged to have been erroneously or

El Paso Natural Gas Company v. United States of America

District Court, District of Columbia · Mar 28, 2011

immunity. … Finally, if a trust duty is established, the Court must determine whether the APA's waiver of sovereign immunity allows for judicial review. See Cobell VI, 240 F.3d at 1094-95.

McKesson Corporation v. Iran, the Islamic Re

District Court, District of Columbia · Nov 23, 2009

This argument also fails, as, again, Iran has not cited to any law establishing or even suggesting this. … As the Supreme Court has held, "[t]he language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality, or the

Helmerich & Payne International Drilling Co. v. Bolivarian Republic of Venezuela

District Court, District of Columbia · Sep 20, 2024

And the PDVSA parent company clearly exerts control and influence over its subsidiaries’ oil-drilling activities. … That is clearly so here. Benefits Without Obligations.

Rainbow Navigation, Inc. v. Department of the Navy

686 F. Supp. 354 · District Court, District of Columbia · May 17, 1988

And it is of course well established that the review provision of the Administrative Procedure Act, 5 U.S.C. § 502 , waives sovereign immunity for injunction actions. 23 IV The Court now turns to the merits of Rainbow’s complaint … As Article I is written, the United States may not qualify or modify the obligations placed upon it by the treaty through legislation or administrative regulation. See British Caledonian Airways Ltd. v.

Yuk-Ling Wu Jew v. Attorney General

524 F. Supp. 1258 · District Court, District of Columbia · Oct 29, 1981

... to qualified immigrants who are the brothers or sisters of citizens of the United States. 8 U.S.C. § 1153 (a)(5). 2 . … An alien clearly has no right to immigrate to this country, Kleindienst v.

Baxter v. Islamic Republic of Iran

District Court, District of Columbia · Mar 4, 2025

LEGAL STANDARD The Federal Rules of Civil Procedure and Foreign Sovereign Immunities Act (FSIA) together establish the standard a court must apply in determining whether to award default judgment to a plaintiff proceeding … Ifa plaintiff can establish both that (i) they are a member of an enumerated class® and (ii) the terrorism exception to sovereign immunity applies and the defendant’s sovereign immunity is waived, the defendant “shall be

Hurt v. Lappin

729 F. Supp. 2d 186 · District Court, District of Columbia · Aug 3, 2010

“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Id.; see also Clark v. … He has not identified any clearly established constitutional right that was violated. A prisoner has no liberty interest in his security classification, Meyer v.

Raven v. United States

District Court, District of Columbia · Sep 19, 2018

Qualified immunity protects government officials from civil liability for constitutional violations unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known … Since the Free Speech Clause does not apply to government art decisions like this one, and no Fifth Amendment rights are at issue, the Defendants did not violate “clearly established” constitutional law, for all the reasons

Disability Rights Council v. Washington Metropolitan Area Transit Authority

239 F.R.D. 9 · District Court, District of Columbia · Dec 14, 2006

Given this immunity, WMATA may only be sued in this court either if WMATA has waived its immunity or if Congress (pursuant to its enforcement power under § 5 of the Fourteenth Amendment) has abrogated that immunity. … To qualify as an injury in fact, the interest harmed must be concrete, particularized, and actual or imminent. Lujan, 504 U.S. at 560 , 112 S.Ct. 2130 .

Vine v. Republic of Iraq

459 F. Supp. 2d 10 · District Court, District of Columbia · Sep 7, 2006

Statutory Framework of the Foreign Sovereign Immunities Act As a general rule, the Foreign Sovereign Immunities Act (“FSIA”), enacted in 1976, establishes that foreign states (including “a political subdivision of a foreign … later filed memorandum opinion, Judge Jackson explained that class certification was denied "in light of the fact that the case was proceeding by default; the uncertainty of the numbers of U.S. citizens who could actually qualify

Cornish v. United States

934 F. Supp. 2d 105 · District Court, District of Columbia · Mar 29, 2013

Cornish reargues legal arguments raised and rejected in the memorandum opinion and order, argues that he has new claims and evidence, and asserts that the court clearly erred on the facts and the law. … Moreover, the purported errors do not affect whether Cornish properly served the individually-named defendants or whether sovereign immunity and res judicata bar his claims against the other defendants.