Case law

El-Shifa Pharmaceutical Industries Co. v. United States

402 F. Supp. 2d 267 · District Court, District of Columbia · Nov 29, 2005

the issue to a coordinate political department; or [2] a lack of judicially discoverable and manageable standards for resolving it; or [3] the impossibility of deciding without an initial policy determination of a kind clearly … “It is well established that decisions pertaining to national security, such as whether and how to use military forces, are entrusted to the political branches.” Id. at 1159-60; see also Haig v.

In Re Fort Totten Metrorail Cases

756 F. Supp. 2d 139 · District Court, District of Columbia · Jan 7, 2011

WMATA has sovereign immunity, Morris v. … This high volume of alarm activity coupled with the implications resulting from the volume clearly supports WMATA's assessment that its redesignation of the alarms was a discretionary decision "fraught with public policy

United States v. Daley (In re Daley)

315 F. Supp. 3d 679 · District Court, District of Columbia · Aug 2, 2018

In reviewing an appeal from an order of a bankruptcy court, a district court reviews de novo conclusions of law but must accept the bankruptcy judge's findings of fact unless they are clearly erroneous. TI Fed. … The standard for determining whether the 10% exaction is a tax or a penalty for purposes of establishing priority of claim in a bankruptcy proceeding is complicated.

Gold v. Gensler

840 F. Supp. 2d 58 · District Court, District of Columbia · Jan 5, 2012

The panel reviewed the applications and put each candidate in one of four categories: “Best Qualified,” “Well Qualified,” “Qualified,” and “Minimally Qualified.” 17. … A plaintiff may establish a prima facie case by showing that: (1) she was a member of the statutorily protected age group (over the age of forty); she applied for and was qualified for the position sought; (3) she was not

Bradley v. National Collegiate Athletic Association

249 F. Supp. 3d 149 · District Court, District of Columbia · Apr 12, 2017

“Under the doctrine of sovereign immunity, the United States is immune from suit unless Congress has expressly waived the defense of sovereign immunity by statute.” Carter-El v. D.C. Dep’t of Corr., 893 F. … “Absent a waiver, sovereign immunity shields the Federal Government . . . from suit.” Fed. Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 475 (1994). “The FTCA is an example of Congress’ waiver of sovereign immunity.

Armstrong v. Bush

721 F. Supp. 343 · District Court, District of Columbia · Sep 15, 1989

That jurisprudence included principles ranging from the “political question” doctrine, to sovereign immunity ..., to official immunity, to prudential limitations upon the courts’ equitable powers, to what can be described … The fact that Congress has so clearly chosen to divest the President of discretionary control over Presidential records, and instead to transfer such control to the United States, see id. at § 2202, goes a long way (if not

In Re Grand Jury Proceedings

5 F. Supp. 2d 21 · District Court, District of Columbia · May 27, 1998

Circuit clearly recognizes an absolute gov *32 ernmental attorney-client privilege. … The Supreme Court has found that the public responsibilities of accountants weighed against giving them work product immunity, see United States v.

Mohammed v. Gupta

District Court, District of Columbia · Jun 15, 2023

Judicial immunity also extends to the Clerk of Court for the Northern District. Sindram v. Suda, 986 F. 2d 1459, 1460 (D.C. Cir. 1993). … But government officials are protected from liability so long as their official actions do not violate clearly established statutory or constitutional rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009).

Terveer v. Billington

34 F. Supp. 3d 100 · District Court, District of Columbia · Mar 31, 2014

Plaintiff qualified for Family Medical Leave from October 12, 2011, to January 3, 2012. Id. ¶¶ 44, 48. … Furthermore, the Library of Congress has not clearly waived its sovereign immunity as to the Act or the Library’s policies and regulations.11 Nevertheless, even if a statutory cause of action is lacking, “judicial

Nepal v. Department of State

District Court, District of Columbia · May 12, 2022

The APA waives the Federal Government’s immunity only as to nonmonetary relief. … And claims barred by sovereign immunity must be dismissed for lack of subject matter jurisdiction. See FDIC v. Meyer, 510 U.S. 471, 475 (1994) (“Sovereign immunity is jurisdictional in nature.”); Fed. R. Civ.

Sigma Constructores, S.A. v. Republic of Guatemala

District Court, District of Columbia · Feb 13, 2025

Under these circumstances, Guatemala does not enjoy immunity from Sigma’s suit. … Guatemala bears the burden of establishing that a stay is appropriate due to “hardship or inequity.” See Landis v. N. Am. Co., 299 U.S. 248, 255–56 (1936).

Zakiya v. United States

267 F. Supp. 2d 47 · District Court, District of Columbia · Jun 10, 2003

personal jurisdiction over the defendants who clearly have no contact or interest with the District of Columbia. … It is well established that “the FTCA does not waive sovereign immunity for constitutional torts that may be committed by [the federal government’s] employees.”

Scotts Valley Band of Pomo Indians v. United States Department of the Interior

District Court, District of Columbia · Sep 30, 2022

The court found that the evidence “clearly established that the parcel was of historic, economic and cultural significance to the Band.” … Supp. 2d at 937, and it concluded that the evidence “clearly established that the parcel was of historic, economic and cultural significance to the Band.” Id. at 936.

Termorio S.A. E.S.P. v. Electrificadora Del Atlantico S.A. E.S.P.

421 F. Supp. 2d 87 · District Court, District of Columbia · Mar 17, 2006

The alleged violation of the contract occurred because of the privatization plan; the road show was clearly not an element of the contract violation. … Regarding the first exception to immunity (commercial activity in the United States), the court concluded that Goodman had “at most established a ‘relationship’ or ‘connection’ between its claim and the domestic commercial

Princz v. Federal Republic of Germany

813 F. Supp. 22 · District Court, District of Columbia · Dec 23, 1992

Princz did not qualify for any government-sponsored reparations. The State Department then attempted to obtain a so-called ex gratia reparation payment from the Defendant government, which declined to make such payment. … Defendant, in its Motion to Dismiss, argues that since plaintiff’s claim does not fit any of the.exceptions to Congress’ broad recognition of immunity to other nations contained in the Foreign Sovereign Immunities Act, 28

Scotts Valley Band of Pomo Indians v. Burgum

District Court, District of Columbia · Jun 10, 2025

More, some of these unspecified contracts likely do not qualify as monetary harms. … This Court declines to read this stray sentence resting on non- sovereign immunity precedent to lower the monetary harm standard in the D.C. Circuit in cases against defendants with sovereign immunity.

Langon v. United States Department of Health & Human Services

749 F. Supp. 1 · District Court, District of Columbia · Aug 22, 1990

Reading the statutory, regulatory, and judicial interpretations of the term “otherwise qualified handicapped individual” together suggests that establishing a prima facie case of handicapped discrimination depends on whether … To establish a prima facie case of discrimination with regard to her termination, plaintiff must again demonstrate that she was an “otherwise qualified handicapped individual,” and that she was terminated because of her handicap

Edmondson & Gallagher v. Alban Towers Tenants Ass'n

829 F. Supp. 420 · District Court, District of Columbia · Jul 30, 1993

The immunity provided under Noerr-Pennington is qualified by a so-called “sham exception.” … Under the sham exception, otherwise protected activity does not qualify for Noerr-Pennington immunity “if it is a mere sham to cover an attempt to interfere directly with the business relationships of a competitor.”

Strunk v. City of Beverly Police Dep't

377 F. Supp. 3d 70 · District Court, District of Columbia · May 6, 2019

Humphrey , 512 U.S. 477 , 484, 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), 3) the claim is barred by issue preclusion, 4) the individual officer defendant is entitled to qualified immunity and 5) the Beverly Police Department … Moreover, it is well established that the doctrine "precludes raising issues in a civil case already decided in a prior criminal trial". Glantz v. United States , 837 F.2d 23 , 25 (1st Cir. 1988).

Anderson v. Islamic Republic of Iran

District Court, District of Columbia · Dec 1, 2010

Waiver of Sovereign Immunity While this Court’s exercise of jurisdiction over this action is a necessary prerequisite to moving forward, foreign states remain immune from suit absent a waiver of sovereign immunity … Here, the established facts warrant waiver of defendants’ sovereign immunity as provided by the FSIA. First, Iran was designated by the U.S.