Case law

El Paso Natural Gas Company v. United States of America

847 F. Supp. 2d 111 · District Court, District of Columbia · Mar 21, 2012

EPA and BIA's response actions at the Landfill here, conducted according to their Administrative Settlement, easily qualify as a removal action under § 104 of CERCLA. … See id. 16 Clearly any such injunctive order by this Court would intrude upon the EPA's CERCLA process even if the plaintiffs are unwilling to concede the same.

Adamkavicius v. Islamic Republic of Iran

District Court, District of Columbia · Jul 30, 2025

The elements for establishing Iran’s liability are “essentially the same” as the elements necessary to establish its waiver of sovereign immunity. Kilburn v. Islamic Republic of Iran, 699 F. … Thus, “a plaintiff that offers proof sufficient to establish a waiver of foreign sovereign immunity under § 1605A(a) has also established entitlement to relief as a matter of federal law.” Force, 464 F.

Millican v. United States

744 F. Supp. 2d 296 · District Court, District of Columbia · Oct 13, 2010

It specifies that a promotion may be delayed for six months after the date of promotion if there are any ongoing investigations or proceedings or any cause to believe that the officer is not qualified. 10 U.S.C. § 14311 ( … That provision does not provide any time limit, but clearly states that the “President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.” 10 U.S.C. § 14310

Robbins v. Reagan

616 F. Supp. 1259 · District Court, District of Columbia · Aug 19, 1985

On October 31, 1983, HHS Secretary Heckler established the Federal Inter-Agency Task Force on the Homeless. … Although plaintiffs’ third and eighth causes of action are clearly based on an alleged breach of contract, and, as previously discussed, are thus beyond the jurisdiction of this Court, these APA claims are not so clearly

Mjema v. United States

881 F. Supp. 2d 89 · District Court, District of Columbia · Aug 7, 2012

Standard of Review To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), a plaintiff bears the burden of establishing that the court has subject-matter jurisdiction to hear his claims. … Plaintiff clearly fails to meet those conditions.

Sibley v. Roberts

District Court, District of Columbia · Dec 19, 2016

To the contrary, it is well established that actions taken by judicial officers in their official capacity qualify for absolute immunity from suit. See, e.g., Mireles v. Waco, 502 U.S. 9, 10 (1991); Sindram v. … Although a judge is not immune from criminal prosecution, judicial immunity from civil liability extends even to actions that are allegedly malicious or corrupt.

Wilson v. Group Hospitalization & Medical Services, Inc.

791 F. Supp. 309 · District Court, District of Columbia · May 4, 1992

The ineffectiveness of the notice is most clearly evidenced by Blue Cross’ ultimate amendment. … Plaintiff clearly has established irreparable injury. VI Possibility of Substantial Injury to Defendant By comparison, the injury to Blue Cross from the issuance of a preliminary injunction would be strictly financial.

Garcia v. Acosta

District Court, District of Columbia · Mar 19, 2021

Before hiring H-2A workers, an employer must obtain a certification from the Secretary of Labor establishing that (1) there is a shortage of U.S. workers who are “able, willing, and qualified” to “perform the labor or services … Circuit observed that the plaintiff “point[ed] to a precise section of the INA, establishing a specific principle of temporal priority that clearly reins in the agency’s discretion” and that the plaintiff was “entitled

Guerrero v. University of District of Columbia

251 F. Supp. 2d 13 · District Court, District of Columbia · Feb 10, 2003

Plaintiff maintains that her complaint is based upon the decision not to reinstate her and the actions of the defendants in appointing persons less qualified than she was to positions she applied for or was qualified to perform … In addition, even if she had asserted a bumping rights claim, plaintiff has not established that she would have necessarily been qualified to teach in the other disciplines.

Confederated Tribes of the Chehalis Reservation v. Mnuchin

District Court, District of Columbia · Apr 27, 2020

They point out that the List Act’s definition of “Indian tribe” clearly excludes ANCs. See Def.’s Opp’n at 11; Ahtna Br. at 18–19. … Because, as already discussed, the court finds that Plaintiffs have established a likelihood of success of showing that ANCs do not qualify for Title V funds, the public interest factor favors preliminarily enjoining the

Green v. American University

647 F. Supp. 2d 21 · District Court, District of Columbia · Aug 21, 2009

Here, the plaintiffs medical records clearly indicate that he experienced fecal urgency on numerous occasions and the fact that his fecal urgency symptoms were mitigated with medication “does not establish that [he] does … And to establish that he is a “qualified individual with a disability” the plaintiff must show that he is “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions

Briscoe v. Costco Wholesale Corp.

61 F. Supp. 3d 78 · District Court, District of Columbia · Jul 29, 2014

In fact, the Complaint clearly indicates that Briscoe requested the transfer following his car accident, not for any family responsibility reason. … The statement about Briscoe’s son clearly is not the type that qualifies as an “extremely serious” incident. 15  C.

Laker Airways Ltd. v. Pan American World Airways

103 F.R.D. 22 · District Court, District of Columbia · Jun 26, 1984

Yet, as seen below, a simple connection, at best, is all that defendants are able to establish. … Swissair and IATA sought merely general clarification of the antitrust immunity available to IATA carriers with respect to the normal functioning of various IATA committees.

Whaleco Inc. v. Shein Technology LLC

District Court, District of Columbia · Feb 9, 2025

Even its reputation among the merchants on its website is not clearly impacted, because it is Shein, not Temu, requesting the images be removed. … requires that the economic harm be significant, even where it is irretrievable because a defendant has sovereign immunity.”).

Lee v. Seed Public Charter School of Washington, Dc

District Court, District of Columbia · Aug 21, 2020

Code Ann. § 38-1802.04(c)(17)(A) dictates that “public charter school[s], and [their] incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally … Ultimately, a more persuasive inference is that § 38-1802.04(c)(17)(A) does not confer immunity upon independent contractors like the SEED Foundation because the legislature understood that such entities do not owe charter

Douglas Timber Operators, Inc. v. Salazar

774 F. Supp. 2d 245 · District Court, District of Columbia · Mar 31, 2011

Glickman, 92 F.3d 1228, 1233 (D.C.Cir.1996) (“Government acts constricting a firm’s supply of its main raw material clearly inflict the constitutionally necessary injury.”). The D.C. … The court concluded that “the potential destruction of fire is so severe that relatively modest increments in risk should qualify for standing.” Id. at 1235 . Thus, the D.C.

Buhovecky v. Department of Justice

700 F. Supp. 566 · District Court, District of Columbia · Oct 5, 1988

Witnesses’s names are clearly covered, as are documents subpoenaed as exhibits. … Prior case law clearly supports this position. In Keys v. U.S.

Chisholm v. District of Columbia

666 F. Supp. 2d 96 · District Court, District of Columbia · Oct 29, 2009

The plaintiff counters that she “can establish a prima facie case of age discrimination[,]” that she is “a qualified individual with a disability ... or is perceived as disabled by [the defendant,]” and that there are genuine … In order to establish a prima facie case in the context of an ADEA employment termination claim, the plaintiff must show that she (1) belongs to the statutorily protected age group, (2) she was qualified for the position,

McNeil v. Brown

District Court, District of Columbia · Sep 26, 2018

Circuit has not addressed whether judicial immunity extends to equitable relief and Judge Brown did not raise this issue in her motion, judges acting in their judicial capacity, as here, are likely to be absolutely immune … Here, Judge Brown was clearly acting within her judicial capacity when she affirmed the dismissals of Plaintiffs’ underlying lawsuits.

Reagan Bush Committee v. Federal Election Commission

525 F. Supp. 1330 · District Court, District of Columbia · Nov 17, 1981

PECFA establishes a fund for Presidential candidates’ campaigns from tax monies. … Moreover, as another court noted, “The legislative history of the provision [section 437g(a)(12)(A)] clearly establishes that it was not meant to conceal the results or the contents of an investigation, but rather that it