Case law

Maalouf v. Swiss Confederation

208 F. Supp. 2d 31 · District Court, District of Columbia · Jul 3, 2002

Immunity Under the FSIA Defendant has moved to dismiss plaintiffs claim on the ground that it is immune under the FSIA. … The Supreme Court has established a two-step process for identifying a discretionary function under the FTCA.

Jach v. American University

245 F. Supp. 2d 110 · District Court, District of Columbia · Feb 20, 2003

The government accepted AU’s offer and established the American University Experiment Station (“AUES”) on the property. … The government argues that it is immune from suit because “Congress specifically limited the waiver of immunity under CERCLA to prevent lawsuits ... which second-guess and delay the completion of a cleanup.” (U.S.

Gross v. Development Alternatives, Inc.

946 F. Supp. 2d 120 · District Court, District of Columbia · May 28, 2013

The United States now moves to dismiss, asserting sovereign immunity. Because the Federal Government retains immunity for injuries suffered in foreign countries, the Court will grant the Motion. I. … Analysis “Sovereign immunity is jurisdictional in nature,” and “[a]bsent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. Meyer, 510 U.S. 471, 475 (1994).

United States v. Trump

District Court, District of Columbia · Oct 6, 2023

Cir. 1980), classified documents by and large qualify for sealing. … In fact, the defense filed its Motion to Dismiss Indictment Based on Presidential Immunity on October 5, 2023, well ahead of the October 9 deadline. ECF No. 74.

Kialegee Tribal Town v. Zinke

District Court, District of Columbia · Sep 7, 2018

The Court now turns to the issue of Federal Defendants’ immunity from suit and whether Plaintiff has demonstrated a basis for waiving that immunity. B. … a May 24, 2012 Memorandum regarding review by the National Indian Gaming Commission (“NIGC”) of a proposed gaming facility in Broken Arrow, Oklahoma (the “proposed Site”), which concludes that the facility “does not qualify

Phang v. Blanche

District Court, District of Columbia · Jun 25, 2026

Phang invoked the APA’s waiver of sovereign immunity when she brought this action under the APA, but because FOIA provides Ms. … And FOIA’s remedial scheme is clearly not “substantively identical” to the relief sought here for the reasons explained above.

De Csepel v. Republic of Hungary

808 F. Supp. 2d 113 · District Court, District of Columbia · Sep 1, 2011

The defendant-state has the ultimate burden of establishing immunity under the FSIA. Princz v. Fed. Republic of Germany, 26 F.3d 1166, 1171 (D.C. Cir. 1994). … , which must establish the absence of the factual basis by a preponderance of the evidence.”

Burford v. Yellen

246 F. Supp. 3d 161 · District Court, District of Columbia · Mar 31, 2017

Burford’s disclosures of violations of clearly established law and abuses of authority that prompted “all of Plaintiff’s allegations of retaliation contained within the complaint,” Am. … of the intent of Congress and the nature of the immunity waiver.

United States v. Trump

District Court, District of Columbia · Oct 16, 2024

Without a clearly identified and sufficient nexus to the Superseding Indictment’s allegations or particular immunity arguments, there is no basis for ordering specific disclosures at this juncture. 3. … Defendant provides no reason to break with that established precedent.

National Ass'n of Rehabilitation Facilities, Inc. v. Schweiker

550 F. Supp. 357 · District Court, District of Columbia · Sep 21, 1982

This duty is clearly owed to plaintiffs here, who claim to be eligible for CORF services and payments or qualified as CORFs. … More importantly, by passing section 933, Congress clearly established the right of qualified Medicare subscribers to receive rehabilitative services rendered by qualified CORFs of their own choosing; defendants cannot defeat

Elahi v. Islamic Republic of Iran

124 F. Supp. 2d 97 · District Court, District of Columbia · Dec 20, 2000

Third, as this Court stated over twenty years ago, assassination is “clearly contrary to the precepts of humanity as recognized in both national and international law.” De Letelier, 488 F.Supp. at 673. … The Foreign Sovereign Immunities Act provides that personal jurisdiction over a defendant will exist where, as here, the plaintiff establishes the applicability of an exception to immunity pursuant to 28 U.S.C. § 1605 and

Sibley v. Islamic Republic of Iran

District Court, District of Columbia · Jul 14, 2025

It concludes that Plaintiffs have not shown that such immunity is abrogated because they have not satisfactorily established that Iran proximately caused the bellwether attacks at issue. … To establish Iran’s sovereign immunity, Plaintiffs invoke the FSIA’s terrorism exception found in 28 U.S.C. § 1605A.

Colvin v. Syrian Arab Republic

District Court, District of Columbia · Feb 1, 2019

Mem. in Supp. of its 3 To establish the legal and factual bases for their claims, plaintiffs submitted as evidence three well-supported reports from qualified experts on Syrian politics, policies, and military structures … If the foreign state is not immune, a plaintiff can establish personal jurisdiction over the defendant if the plaintiff executes service in accordance with 28 U.S.C. § 1608. See 28 U.S.C. § 1330(b).

Wright v. District of Columbia

799 F. Supp. 2d 1 · District Court, District of Columbia · Jul 29, 2011

She never alleges a search or seizure as required to establish the former, see U.S. Const, amend. … Qualified Immunity Defendant Sa’adah has also put forth a qualified immunity defense. Because the Court will dismiss the case against him for the reasons set out in section III.B., supra, it does not reach this issue.

Elkes v. B'nai B'rith International

540 F. Supp. 98 · District Court, District of Columbia · Jun 4, 1982

Here involved is a separately stated and clearly severable part of the Act which, in form, provides for action against all parties to a labor dispute. … Nothing suggests that supervisors’ unions were intended to be immune from other parts of the Taft-Hartley Act relating to unions generally. Id., at 391-92.

Harris v. Wmata

District Court, District of Columbia · Sep 29, 2020

Ferrell might have been subjected to other threats that the security video does not clearly capture. Ms. … Compl. ¶ 16, it is not enough to establish that WMATA could have foreseen some incidence of violence at the station. Again, Ms.

Seltzer v. Financial Industry Regulatory Authority

District Court, District of Columbia · Sep 5, 2023

Seltzer does not clearly explain how she claims FINRA did this, but she seems to allege that FINRA was responsible for the award appearing in Google searches of her name. Id. ¶¶ 36–41. … FINRA is entitled to immunity. Even if Seltzer had brought her case before the statute of limitations expired, the Court would still dismiss it because FINRA is protected by arbitral immunity.

Bowyer v. District of Columbia

910 F. Supp. 2d 173 · District Court, District of Columbia · Dec 20, 2012

Cir. 2005) (“Clearly, [the plaintiff] engaged in a statutorily-protected activity when she filed her first EEOC complaint.”). … Therefore, the plaintiffs have failed to establish that plaintiff Bowyer’s trial testimony in the K.A. arson case qualifies as a “protected disclosure” under the DCWPA, and thus cannot establish a prima facie case.

Doraleh Container Terminal Sa v. Republic of Djibouti

District Court, District of Columbia · Feb 15, 2023

Sovereign Immunity First, Djibouti has waived sovereign immunity under the Foreign Sovereign Immunities Act (“FSIA”). … Further, the Tribunal clearly gave Djibouti “the opportunity to be heard” as required under the due process standard. After November 14, 2018 Mr.

Banks v. Kramer

603 F. Supp. 2d 3 · District Court, District of Columbia · Mar 24, 2009

Also, to the extent that Paragraph 36 deals with DCCA proceedings, judicial immunity applies. See, e.g., Forrester v. … This clearly pertains to the 1987 Injunction and is barred by the Penn Injunction.