Case law

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.

King v. Palmer

598 F. Supp. 65 · District Court, District of Columbia · Sep 10, 1984

In 1981, a new position was established at the jail, Supervisory Forensic/Clinical Nurse, GS-12. King applied for the position along with three other nurses. … Their attempt to establish that Grant was selected because she had superior qualifications must be disregarded. It is unsupported by testimony the Court finds credible and is clearly pretextual.

De Sousa v. Embassy of the Republic of Angola

267 F. Supp. 3d 163 · District Court, District of Columbia · Jul 27, 2017

To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, the plaintiff bears the burden of establishing the court’s jurisdiction by a preponderance of the evidence … The legal sufficiency of each claim asserted against the defendant, a foreign embassy, which is presumptively immune from suit under the doctrine of foreign sovereign immunity, see Foreign Sovereign Immunities Act (“FSIA

Ben Haim v. Islamic Republic of Iran

District Court, District of Columbia · May 19, 2011

Here, the evidence establishes facts sufficient to justify the waiver of defendants’ sovereign immunity under the FSIA. First, Iran was designated a state-sponsor of terror by the U.S. … Here, as in Rimkus II, “plaintiff’s Complaint does not clearly articulate a particular theory of recovery, but rather alleges facts necessary to establish the five basic elements of a cause of action under § 1605A.”

Morgan v. Ragan

46 F. Supp. 3d 52 · District Court, District of Columbia · Jun 4, 2014

(“Morgan has clearly shown according to their pictures which are listed in #5 which shows unprepared foods in his establishment”). Yet these photographs do not provide the clear evidence Plaintiff hopes. … if the coolers were empty it clearly shows inventory.”).

Friedlander v. United States Postal Service

658 F. Supp. 95 · District Court, District of Columbia · Mar 23, 1987

USPS, 467 U.S. 512, 519 , 104 S.Ct. 2549, 2553 , 81 L.Ed.2d 446 (1984) (under Reorganization Act, Congress waived sovereign immunity of Postal Service). … The Reorganization Act did not “divorce” the Postal Service from Government, it merely accorded it qualified independence with respect to its management and financial functions.

Ananiev v. Wells Fargo Bank, N.A.

968 F. Supp. 2d 123 · District Court, District of Columbia · Sep 12, 2013

“Determining what entities are entitled to claim immunity tracks a simple constitutional line: Eleventh Amendment sovereign immunity belongs to the states.” City of Oakland ex rel. Bd. of Port Comm’rs v. Fed. Mar. … Cal. 2006), “few communicative acts [fall] more clearly within the scope of the privilege than those alleged in” a complaint. Rubin, Cal. 4th at 1195.

Liberman v. U.S. Department of Transportation

227 F. Supp. 3d 1 · District Court, District of Columbia · Dec 31, 2016

Circuit has developed clearly establish that The Safety Record counts as a news media entity for fee-waiver purposes. … The record- also clearly establishes that The Safely Record gathers information “of potential interest to a segment of the public[,]” Cause of Action , 799 F.3d at 1120—specifically, people who are interested in automobile

Greater New Orleans Fair Housing Action Center v. United States Department of Housing and Urban Development

District Court, District of Columbia · Sep 7, 2010

Sovereign immunity bars part of plaintiffs’ suit against Keegan. … Cir. 2006) (“Telling the tenants either that their ‘occupancy . . . is . . . prohibited’ or that they must ‘seek alternative housing’ certainly qualifies as making the buildings ‘unavailable’ under the FHA.”); see also

United States v. Kim

808 F. Supp. 2d 44 · District Court, District of Columbia · Aug 24, 2011

There can be no reasonable doubt that such information qualifies as “relating to the national defense.” … Although oral disclosures of national security information do qualify as “speech,” the Supreme Court has made clear that not all categories of speech are protected by the First Amendment.

Estate of Botvin v. Islamic Republic of Iran

873 F. Supp. 2d 232 · District Court, District of Columbia · Jul 3, 2012

FINDINGS OF FACT Under the FSIA, a court cannot simply enter default judgment; rather, out of respect for the principle of sovereign immunity, it must ensure that the plaintiffs have established their claim or right to relief … Here, the only remaining defendants are Iran, MOIS, and IRG — none of which qualify under the Flatow Amendment as an official, employee or agent, and none of which are sued in an individual capacity.

Intex Recreation Corp. v. Team Worldwide Corp.

439 F. Supp. 2d 46 · District Court, District of Columbia · Jul 14, 2006

TWW submits that use of the phrase “subject matter of the case” rather than “subject matter of the opinion” evidences the Federal Circuit’s intent to establish a broad subject-matter waiver. … In support of its contention, TWW submits that “[i]n EchoStar, the Federal Circuit clearly held that the waiver of the attorney-client privilege and work product immunity extends into the future for so long as the alleged

United States v. Ayers

District Court, District of Columbia · Jun 1, 2020

The movant bears “the burden of establishing that he is eligible for a sentence reduction under § 3582(c)(1)(A).” United States v. Holroyd, Case No. 1:17-cr-00234-2 (TNM), 2020 WL 2735664, at *2 (D.D.C. … If being male alone sufficed, “every inmate at FCI [Butner] would qualify for immediate release or reduction in [his] sentence.” Id. at *3. Mr.

W.A. v. Islamic Republic of Iran

District Court, District of Columbia · Dec 16, 2019

The Court also qualified Mr. … Most of these elements are clearly satisfied in this case and require little discussion.

Vines v. Gates

577 F. Supp. 2d 242 · District Court, District of Columbia · Sep 17, 2008

Curatolo was selected because she was more qualified than the plaintiff — is a pretext for discrimination for two reasons: (1) the plaintiff is actually more qualified than Ms. … Cu-ratolo were equally qualified for the Program Analyst position. As a result of the panel’s findings, Mr.

Evans-Hoke v. Paulson

503 F. Supp. 2d 83 · District Court, District of Columbia · Jul 31, 2007

In re Swine Flu Immunization Prods. Liab. Litig., 880 F.2d 1439, 1442-43 (D.C.Cir.1989); Jones v. Exec. Office of President, 167 F.Supp.2d 10, 13 (D.D.C.2001). … However, her Complaint clearly states that she seeks “to enjoin Defendants from unlawful tax collection activities relating to tax years 2000 and 2001.” Compl. at 12.

Puerto Rico Ex Rel. Secretary of Justice v. Rumsfeld

180 F. Supp. 2d 145 · District Court, District of Columbia · Jan 2, 2002

the Noise Control Act waives sovereign immunity, the Court would still lack subject matter jurisdiction over Plaintiffs action. … The subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law.

Scott v. Office of Alexander

522 F. Supp. 2d 262 · District Court, District of Columbia · Dec 3, 2007

In place of the Browning rule, the court established the two-step framework described above, and held that the relevant immunity inquiry focused on whether the decision at issue was a core legislative act. … J. at 11; Fields, 459 F.3d at 10 (rejecting the holding in Browning and stating that “[w]e agree that some personnel decisions would not qualify”) (emphasis added).