Case law

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.

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.

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

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.

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.

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.

Abram v. United States

District Court, District of Columbia · Dec 26, 2023

Cir. 2009) (per curiam) (“[t]he mere suggestion of a federal question is not sufficient to establish the jurisdiction of federal courts,” rather, a federal question “must affirmatively appear clearly and distinctly.”) … Notably, however, “[a]lthough the FTCA generally waives the government’s sovereign immunity, there are several exceptions[,]” Williams v. Wilkie, 320 F.

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

United States v. Daum

847 F. Supp. 2d 18 · District Court, District of Columbia · Mar 8, 2012

The Supreme Court has clearly ruled that impeachment material is included in the Government’s Brady obligations. United States v. Bagley, 473 U.S. 667, 676-77 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985); Giglio v. … It has long been established that Federal Rule of Criminal Procedure 16 was “designed to provide to a criminal defendant, in the interests of fairness, the widest possible opportunity to inspect and receive such materials

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.

Tanner v. Federal Bureau of Prisons

433 F. Supp. 2d 117 · District Court, District of Columbia · May 17, 2006

He also worked to qualify for a cable technician program. Id. The cable technician program requires participants to have a Grade 1 pay scale rating. Id. at 2-3. … The plaintiff has thus established irreparable injury with regard to Fairton’s aquaculture program and his eligibility for the cable programs.

Holland v. Garland

District Court, District of Columbia · Sep 18, 2025

he is qualified to receive in each distribution round.”). … the establishment of Medicare payment rates,” Am.

Manigault-Speaks v. United States Department of Health and Human Services

District Court, District of Columbia · Sep 21, 2020

STANDARD OF REVIEW Under Federal Rule of Civil Procedure 12(b)(1), the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. … First, sovereign immunity bars the Court from reviewing plaintiff’s misrepresentation and deceit claim, because the Federal Tort Claims Act (“FTCA”) does not waive sovereign immunity for these types of claims. 28 U.S.C. §

Bond v. U.S. Department of Justice

828 F. Supp. 2d 60 · District Court, District of Columbia · Dec 6, 2011

Under the doctrine of sovereign immunity, the United States and its agencies are immune from suit for money damages unless Congress explicitly waives this immunity. See United States v. … Here, Bond’s claims fail to show he is clearly and indisputably entitled to the extraordinary relief he seeks.

Pharmaceutical Research and Manufacturers of America v. United States Department of Health and Human Services

43 F. Supp. 3d 28 · District Court, District of Columbia · May 23, 2014

Rituxan, 3 designated an orphan drug for treatment of anti-neutrophil cytoplasmic antibody-associated vasculitis, non-Hodgkin’s B-cell lymphoma, and immune thrombocytopenic purpura, is commonly prescribed to treat the non-orphan … Public Health Service, 10 the rulemaking authority clearly applies to administrative issues such as regulations regarding uniforms, record-keeping, etc.

Uab Skyroad Leasing v. Ojsc Tajik Air

District Court, District of Columbia · Jan 26, 2021

To qualify 7 as “[a]n ‘agency or instrumentality of a foreign state,’” the entity must be (1) “a separate legal person, corporate or otherwise”; (2) “an organ of a foreign … Here, the parties agree that Tajik Air, which is incorporated under the laws of Tajikistan and fully owned by the state, qualifies as an instrumentality of a foreign state.

Cummings v. Department of the Navy

116 F. Supp. 2d 76 · District Court, District of Columbia · Sep 6, 2000

On its face, the FTCA appears to waive sovereign immunity for actions by military personnel. … The basic purpose of the two statutes differs, in that the Privacy Act creates new, substantive causes of action while the FTCA merely waives sovereign immunity for tort actions. 8 The *81 Privacy Act establishes requirements

Acosta v. Nelson

181 F. Supp. 3d 44 · District Court, District of Columbia · Apr 24, 2012

Plaintiff wrongly concludes that "[t]he evidence clearly shows that two medical opinions were ignored_” Pl.'s Resp. at 2. . … Since plaintiff's failure to state a claim is dispositive, the Court will not address defendants’ equally persuasive argument for dismissal on the ground of qualified immunity. See Defs.'

Debrew v. Atwood

847 F. Supp. 2d 95 · District Court, District of Columbia · Mar 19, 2012

A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of his position. Id. at 252. … Generally, under the doctrine of sovereign immunity, the federal government and its agencies are immune from suit, - 16 - unless Congress has expressly waived immunity.