Case law

Hechinger v. Metropolitan Washington Airports Authority

845 F. Supp. 902 · District Court, District of Columbia · Feb 15, 1994

Plaintiffs have established both elements. … This argument clearly is without merit.

Cass v. Town of Wayland

383 F. Supp. 3d 66 · District Court, District of Columbia · May 30, 2019

First, the plaintiff must establish a prima facie case. … Defendants also assert that Detective Berger is entitled to qualified immunity on Cass's Fourth Amendment claim. See Docket No. 77 at 23-25.

Karcher v. Islamic Republic of Iran

District Court, District of Columbia · Aug 26, 2019

The Court qualified Dr. … Most of these elements are Clearly satisfied in this case and require little discussion.

Tansey v. Transcontinental & Western Air, Inc.

97 F. Supp. 458 · District Court, District of Columbia · Feb 3, 1950

In my opinion the language of the Civil Aeronautics Act of 1938, as amended, does not clearly indicate an intention to establish a different rule in cases of airplane accidents from the rules applicable in other tort actions … There are State cases, relied on by defendant, which uphold the immunity from use in suits against railroad companies of reports of the companies to the Interstate Commerce Commission. 2 These cases point out that the statute

Hodges v. District of Columbia

172 F. Supp. 3d 271 · District Court, District of Columbia · Mar 28, 2016

Feb. 20, 2009), “the undisputed evidence establishe[d] that [the plaintiff] was not entitled to FMLA leave.” … While the certification indicates that Plaintiff was not entitled to the weeks of continuous FMLA leave that he requested, it clearly indicates that he was entitled to intermittent FMLA leave because he would have been

McAleer v. American Telephone & Telegraph Co.

416 F. Supp. 435 · District Court, District of Columbia · Jun 9, 1976

He was entitled to promotion under the provisions of a collective bargaining agreement but the job was given to a less qualified, less senior female solely because of her sex. … Rather, it asserts a cause of action for sex discrimination within the Civil *439 Rights Act of 1964 and this Court clearly has jurisdiction to decide the issue.

Crystallex International Corporation v. Bolivarian Republic of Venezuela

244 F. Supp. 3d 100 · District Court, District of Columbia · Mar 25, 2017

Jurisdiction is proper under the Foreign Sovereign Immunities Act (FSIA). … Cir. 2008) (“For purely factual matters [of jurisdiction] under the FSIA, however, this is only a burden of production; the burden of persuasion rests with the foreign sovereign claiming immunity, which must establish the

Masek v. United States of America

District Court, District of Columbia · Mar 22, 2024

Generally, the doctrine of sovereign immunity immunizes the United States from lawsuits for money damages unless Congress explicitly waives immunity. Maxberry v. Dep’t of the Army, Bd. of Corr. of Mil. Recs., 952 F. … However, the litigant must submit an affidavit with financial information for the court to consider whether they qualify to proceed in forma pauperis. See Allen v. U.S. Dist.

Harrison v. Republic of Sudan

882 F. Supp. 2d 23 · District Court, District of Columbia · Mar 30, 2012

While foreign sovereigns enjoy general immunity from suit in U.S. courts, FSIA § 1605A establishes a waiver provision that is conditioned on a number of factors. … It was clearly necessary to have all these things in place to carry out an operation such as the attack on the Cole.” Ex. 81 at 47–48. In addition, Mr.

Lurie v. Mid-Atlantic Permanente Medical Group, P.C.

729 F. Supp. 2d 304 · District Court, District of Columbia · Aug 9, 2010

The parties did not clearly state their intention to change plaintiffs employment status. … The elements of tortious interference with contractual or business relations are well established.

Collins v. Department of Interior

468 F. Supp. 2d 113 · District Court, District of Columbia · Jul 17, 2006

Sovereign Immunity The United States Supreme Court has clearly held that the doctrine of sovereign immunity — embodied in the Eleventh Amendment to the United States Constitution — is a constitutional limitation on the federal … judicial power established in Article III, Section 2, in actions brought by a citizen against his own state.

McKenzie v. Kennickell

669 F. Supp. 529 · District Court, District of Columbia · Sep 10, 1987

Both our Circuit and the Supreme Court have affirmed “the propriety of an interim award once discrimination has been established.” Grubbs v. Butz, 548 F.2d 973, 977 (D.C.Cir.1976). In Bradley v. … In enacting the amendment, Congress clearly intended to provide federal employees with the same legal protections against employment discrimination as plaintiffs in the private sector.

Bynum v. MVM, INC.

462 F. Supp. 2d 9 · District Court, District of Columbia · Nov 17, 2006

The contract clearly sets forth the qualifying requirements for CSOs, including medical standards with respect to vision, hearing, the cardiovascular system, the respiratory system, genitourinary system disorders, the nervous … To establish a prima facie case of discrimination under the ADA, the plaintiff must show that: (1) he had a disability within the meaning of the ADA, (2) he is qualified for the position with or without reasonable accommodation

Kalekiristos v. CTS Hotel Management Corp.

958 F. Supp. 641 · District Court, District of Columbia · Mar 18, 1997

Moreover, Kalekiristos has not established that he requested a transfer to another position, that another position was available, and that he was qualified for another position. … In sum, Kalekiristos, having failed to establish that he performed the essential functions of his job adequately and that he was replaced by someone outside his protected class, clearly failed to produce evidence as to the

Carabillo v. ULLICO Inc. Pension Plan and Trust

355 F. Supp. 2d 49 · District Court, District of Columbia · Nov 29, 2004

On May 13, 2004, with his first case still pending, Carabillo filed the current action, seeking a temporary restraining order and preliminary injunctive relief against the pension and health benefit plans established by ULLICO … benefits under the Qualified Plan, and (2) healthcare and life insurance benefits under the Welfare Plan upon his retirement.

Duberry v. District of Columbia

106 F. Supp. 3d 245 · District Court, District of Columbia · May 28, 2015

Legal Framework Section 1983 provides a remedy for the deprivation of “any rights, privileges, or immunities secured by the Constitution and laws” of the United States, by a person acting under color of any State … In places, the complaint asserts that Plaintiffs are “qualified RLEOs” and asks for a “declaratory judgment . . . stating Plaintiffs were qualified RLEOs for purposes of LEOSA.” Id. ¶¶ 82, 95.

Stone v. U.S. Embassy Tokyo

District Court, District of Columbia · Nov 16, 2020

Thus, the Privacy Act does not encompass entities “clearly outside the executive branch.” Dong v. Smithsonian Inst., 125 F.3d 877, 879 (D.C. Cir. 1997). … The Court further directed Plaintiff to adequately explain in his amended complaint “why Defendants’ actions here qualify as final under the APA or why finality is not required.” Id.

Achagzai v. Broadcasting Board of Governors

170 F. Supp. 3d 164 · District Court, District of Columbia · Mar 18, 2016

“Extension of equitable tolling,” however, “is not automatic by any means, for the government enjoys sovereign immunity,, and waivers of such immunity are narrowly read.” Mondy v. … His conclusory assertions that the emails were “harassing,” Compl. ¶ 20, do not satisfy the pleading requirements established in Bell Atlantic Corp. v.

Hopkins v. Whipple

630 F. Supp. 2d 33 · District Court, District of Columbia · Jun 30, 2009

To establish a prima facie case of discrimination in a job referral case, plaintiff must show that 1) he belongs to a protected class; 2) he was qualified for and requested referral to jobs for which the employer accepted … OPM acknowledged that the top scorers and Hopkins were experienced and well qualified.

Clark v. Alexander

489 F. Supp. 1236 · District Court, District of Columbia · Apr 18, 1980

, highly qualified and best qualified candidates. … Plaintiff was qualified for all three positions, and the selectee was never more qualified than she.