Case law

Hurst v. Socialist People's Libyan Arab Jamahiriya

474 F. Supp. 2d 19 · District Court, District of Columbia · Feb 1, 2007

Banco Para El Comercio Exterior de Cuba, 462 U.S. *26 611, 620, 103 S.Ct. 2591 , 77 L.Ed.2d 46 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining … Personal jurisdiction exists over a foreign state where the plaintiff establishes an exception to immunity pursuant to § 1605, and service of process is accomplished pursuant to § 1608. 28 U.S.C. § 1330 (b); Price v.

Liff v. Office of Inspector General for the U.S. Department of Labor

District Court, District of Columbia · Nov 7, 2016

It first disposed of the Government’s qualified-immunity position and then deferred ruling on its argument that no Bivens remedy existed for reputational-harm cases. Id. at 18-21. … On February 25, 2016, before the Court could resolve the Motion, however, they filed a Notice of Appeal to challenge the Court’s decision on qualified immunity.

Roberts v. Acosta

District Court, District of Columbia · Apr 16, 2020

The Rehabilitation Act requires that “[n]o otherwise qualified individual with a disability . . . … Cir. 2012) (“Hamilton cannot rely on the [Equal Employment Opportunity] counseling report to establish exhaustion of a claim that he failed to include in his formal complaint.”).

Boardley v. United States Department of Interior

District Court, District of Columbia · Mar 17, 2009

Sullivan, 372 U.S. 58, 70 2 The dismissal of Boardley’s as-applied claims renders moot the individual defendants’ motion for qualified immunity. … The individual defendants’ motion to dismiss all claims against them on qualified immunity grounds will be denied as moot.

United States v. Clarke

628 F. Supp. 2d 15 · District Court, District of Columbia · Jul 2, 2009

Here, the statute clearly reflects the responsibility of the Attorney General (and his designees) over the activity at issue — the granting of petitions for naturalization — and it is generally recognized, in any event, that … statutory provisions. 935 F.2d at 170 (“All we hold is that deportation orders do not establish the alienage element”).

Turgeon v. Howard University

571 F. Supp. 679 · District Court, District of Columbia · Jul 13, 1983

In order to qualify for reappointment to the position of Assistant Professor, in addition to holding a Ph.D or similar degree and demonstrating proficiency in teaching according to the criteria established by the College, … In Flowers, the Court noted that a prima facie case of discriminatory discharge is established by showing: (1) that the plaintiff was a member of a racial minority; (2) that he was qualified for the job he was performing;

Adams v. Rice

484 F. Supp. 2d 15 · District Court, District of Columbia · Mar 29, 2007

ANALYSIS Defendant argues that plaintiff cannot establish a prima facie case of disability discrimination. … Forsman’s message clearly indicates that MED was seeking more information to reconsider plaintiffs clearance, but that it had not yet made a decision.

Schwartz v. Paralyzed Veterans of America

930 F. Supp. 3 · District Court, District of Columbia · Feb 1, 1996

the position remained open and was ultimately filled by a white man, 509 U.S. at 506-08 , 113 S.Ct. at 2747 . *9 Here plaintiff established in her case-in-chief: (i) that she is a woman, (ii) that she was qualified for her … chosen to replace a Title VII plaintiff are material,” Hicks, 509 U.S. at 527 n. 1, 113 S.Ct. at 2758 n. 1 (dissenting opinion of Justice Souter). 2 In this case, the fact that Susan Schwartz was replaced by another woman is clearly

Francis v. District of Columbia

District Court, District of Columbia · Aug 18, 2010

But in all other respects Jenkins was similarly qualified. … , but whether he was significantly better qualified than Williams.

Jasperson v. Federal Bureau of Prisons

460 F. Supp. 2d 76 · District Court, District of Columbia · Oct 30, 2006

Subject Matter Jurisdiction, Immunity, and the Cause of Action a. … Relief is not foreclosed, however, as the APA provides the necessary waiver of sovereign immunity.

Sledge v. United States

723 F. Supp. 2d 87 · District Court, District of Columbia · Jul 13, 2010

However, the FTCA’s waiver of sovereign immunity is subject to several exceptions. … Pennsylvania law clearly does not apply under Missouri’s choice-of-law rules.

Critical Mass Energy Project v. Nuclear Regulatory Commission

731 F. Supp. 554 · District Court, District of Columbia · Mar 2, 1990

The Court finds the effect of the defendants’ multiple declarations and affidavits, in the aggregate, to exceed the sum of their parts, and to carry defendants’ burden of establishing entitlement to the exemption they claim … Ironically, had the same reports been prepared directly by NRC’s own investigators, using INPO’s sources and techniques, they would likely be immune from disclosure under FOIA’s Exemption 5. See United States v.

Heller v. Republic of Hungary

District Court, District of Columbia · Jul 18, 2022

See Compl. ¶¶ 89–134.4 To satisfy their burden of alleging facts sufficient to establish the requisite subject matter jurisdiction of this Court to hear these claims despite the immunity Hungary would ordinarily enjoy under … The international law of expropriation at the time of the FSIA’s enactment in 1976, the Court continued, clearly “retained the domestic takings rule.” Id. at 712.

Washington Activity Group v. White

342 F. Supp. 847 · District Court, District of Columbia · Dec 7, 1971

Perot 3 and following established procedure, obtained the consent of the Speaker of the House of Representatives, John W. … Because of the nature of the case, the Court gives short shrift to defendants’ suggestión that they are immune from suit.

Owner-Operator Independent Drivers Association, Inc v. Lahood

District Court, District of Columbia · Sep 16, 2019

character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing … If it were, then every agency keeping qualified records would be subject to the FCRA based on the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, as FOIA, like the PSP, statutorily requires agencies to provide records

Stewart v. Mabus

District Court, District of Columbia · Feb 24, 2016

Thus, upon receipt of his medical degree in 1995, Stewart had a 12-year service obligation, requiring that he engage in qualifying service in the Navy until at least May of 2007 … On November 9, 2005, Stewart's third MSP agreement request was approved, establishing the third MSP agreement. AR 62.

Jewish War Veterans of the United States of America, Inc. v. Gates

506 F. Supp. 2d 30 · District Court, District of Columbia · Sep 18, 2007

Although the judge quite clearly believed that they had joined, see JWV Mem., Exh. … WTiere the Clause applies, the immunity that it confers is absolute, Eastland v.

Darby v. U.S. Department of Veterans Affairs

District Court, District of Columbia · Mar 17, 2022

Here, Plaintiff alleges that despite management’s awareness of the October 2008 audit results, “no action was taken at the time to rectify the situation clearly in violation of 5 U.S.C. [§] 2301(b) regardless of whether … It is established that “the Civil Service Reform Act of 1978 [“CSRA”], Pub.L.

White v. Vilsack

80 F. Supp. 3d 123 · District Court, District of Columbia · Feb 19, 2015

White lacks standing; that his claims are otherwise jurisdictionally barred by the United States’ sovereign immunity; and that his claims are untimely as well as precluded by the doctrine of res judicata. … White purports to seek redress for USDA’s alleged discrimination during the decades from 1910 to 1970, see Compl. at 2, such claims would be clearly foreclosed by the Equal Credit Opportunity Act’s five-year statute of limitations

Walters v. People's Republic of China

72 F. Supp. 3d 8 · District Court, District of Columbia · Oct 27, 2014

The order clearly and unambiguously directed Defendant to “produce the requested documents to counsel for Plaintiffs by no later than April 15, 2014” and to “appear before the undersigned in Courtroom 4 of the United States … Accordingly, the undersigned finds that Plaintiffs have established a basis for the court, in an exercise of its inherent power, to find Defendant in civil contempt of the court.