Case law

Busch v. Washington Communications Group, Inc. (In Re Washington Communications Group, Inc.)

10 B.R. 676 · District Court, District of Columbia · Jun 25, 1981

This newsletter clearly falls under the definition of a general intangible. In fact, the affidavit of Landon G. … The evidence of record clearly establishes that the newsletter in issue was treated, however, as an asset of the debtor and this Court, on March 24, 1981, granted the trustee’s motion to amend the caption.

Arizona v. Shalala

121 F. Supp. 2d 40 · District Court, District of Columbia · Oct 23, 2000

First, it is well established that an interpretative guidance issued without formal notice and comment rulemaking can qualify as final agency action. See Appalachian Power Co. v. … In establishing the MOE requirement section 609 also states what expenditures qualify as MOE.

Douglas v. Hampton

338 F. Supp. 18 · District Court, District of Columbia · Feb 17, 1972

Plaintiffs contend that such a method of validation cannot be used to establish that the FSEE is job-related. … The Court cannot force the parties to utilize the Commission, although this would clearly be in the public interest, since the Commission has no statutory jurisdiction which would bring the doctrine of administrative remedy

Stover v. Chairman, Equal Employment Opportunity Commission

673 F. Supp. 522 · District Court, District of Columbia · Jul 2, 1987

may be separate competitive areas if each is: (1) under a separate administrative authority; (2) independent of others in operation, staff, work functions, and personnel administration; and (3) separately organized and clearly … ‘Independent establishments" are defined as: "(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an executive department, military department

Rocha v. Brown & Gould, LLP

101 F. Supp. 3d 52 · District Court, District of Columbia · Apr 30, 2015

Rocha does not respond to Defendants’ lengthy judgmental immunity argument, nor does she challenge the many judgmental immunity cases that Defendants cite. Instead, Mrs. … Rocha fails to establish a legally distinct cause of action for breach of fiduciary duty. See Macktal, 111 F.

Ward v. United States Department of Veterans Affairs

District Court, District of Columbia · Jan 21, 2021

Supp. 3d 121, 126, n.6 (D.D.C. 2017) (“It is a well-established principle that a district court can neither review the decisions of its sister court nor compel it to act.”). … But Congress has not waived the United States’ immunity from suit under Bivens, see FDIC v. Meyer, 510 U.S. 471, 485-86 (1994), which includes Secretary Wilkie. See Kentucky v.

Fanning v. Bell

82 F. Supp. 3d 60 · District Court, District of Columbia · Feb 11, 2015

immediately prior to the Participant’s date of death, or a former spouse of a Participant who was designated as a Qualified Spouse pursuant to a Qualified Domestic Relations Order . . . .” … The Decree clearly states that, by the issuance of the decree on August 15, 2002, the marriage between Mr. and Ms. Bell was dissolved. Ms.

Ng v. Lahood

952 F. Supp. 2d 85 · District Court, District of Columbia · Jul 5, 2013

Prior decisions of this Court clearly establish that an employee’s having to report to a former peer as the result of a reorganization does not constitute an adverse employment action for Title VII purposes. … Ng’s Title VII claims qualifies as an adverse employment action.

United States Ex Rel. Landis v. Tailwind Sports Corp.

308 F.R.D. 1 · District Court, District of Columbia · Feb 12, 2015

Plaintiffs clearly have provided this basic information in this case. … Plaintiffs contend that the United States has not waived sovereign immunity, which protects it from recoupment or set-off claims.

Hendricks v. Paulson

520 F. Supp. 2d 65 · District Court, District of Columbia · Oct 4, 2007

The primary function of the panel/ranking official will be to rank all basically qualified candidates against established evaluation criteria. … Hendricks made the best qualified list. In fact, Ms.

Full Gospel Portland Church v. Thornburgh

730 F. Supp. 441 · District Court, District of Columbia · Oct 4, 1989

If a violinist is a professional artist, a pianist qualifies. … The record establishes that the decision to deport was made without consideration of factual information clearly es *451 tablishing Hae Sook Kim’s eligibility to remain in this country and inexcusable bureaucratic inattention

Estate of Amer Fakhoury v. Islamic Republic of Iran

District Court, District of Columbia · Aug 15, 2022

Department of Homeland Security,” Mot. to Strike Compl. at 1, qualifies as an “agency or instrumentality” of Lebanon that is presumptively entitled to sovereign immunity under the FSIA. … Supp. 3d 48, 78–79 (D.D.C. 2018) (explaining that the FSIA does not require a plaintiff to show that a captor succeeded in compelling a third party to act or abstain from acting in order to establish a successful hostage-taking

Isaac v. Samuels

132 F. Supp. 3d 56 · District Court, District of Columbia · Sep 25, 2015

immunity. … On the contrary, the allegations establish that plaintiff was represented by counsel at trial and on direct appeal of his state conviction, and plaintiff had no constitutional right to assist his counsel in the manner he

Doe v. Rumsfeld

297 F. Supp. 2d 119 · District Court, District of Columbia · Dec 22, 2003

Circuit when it comes to establishing justiciability. … Twenty-one had received no vaccines, four had incomplete immunization and one had complete immunization.

Baker v. United States

127 F. Supp. 644 · District Court, District of Columbia · Jan 28, 1955

Under the Federal Tort Claims Act the Government has waived its sovereign immunity only as to those claims falling squarely within the four corners of the Act. … To grant plaintiffs’ relief would *649 be to materially enlarge that qualifying phrase of the act which limits Government liability to wrongful acts of its employees committed within the scope of such employment or office

Uni-Top Asia Investment Limited v. Sinopec International Petroleum Exploration and Production Corporation

District Court, District of Columbia · Jan 26, 2022

Uni-Top’s petition also relies on SIPC’s structure to establish venue. … [in] which the foreign state is not entitled to immunity either under [the Foreign Sovereign Immunities Act] or under any applicable international agreement.” 28 U.S.C. § 1330(a).

Ellis v. Islamic Republic of Iran

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 … 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.

Kramer v. Secretary of Defense

39 F. Supp. 2d 54 · District Court, District of Columbia · Mar 25, 1999

If the moving party meets its burden, the burden then shifts to the non-moving party to establish that a genuine issue as to any material fact actually does exist. See Matsushita Elec. Indus. Co. v. … In its April 7, 1997 memorandum order, this court .ruled that sovereign, immunity has been waived with respect to the equitable claims at issue here. Mem. Order at 3-4. 5 .

Crafton v. District of Columbia

132 F. Supp. 3d 1 · District Court, District of Columbia · Sep 23, 2015

Defendant Trainum therefore would be entitled to qualified immunity on Count I. See id. … And, she clearly had “some evidence” of the tortious acts that caused her injury.

Gonzalez v. Holder

District Court, District of Columbia · Feb 8, 2011

Appx. 942, 954 (10th Cir. 2010) (affirming dismissal of Bivens claim against warden because the denial of a grievance regarding treatment for Hepatitis C does not establish his participation in alleged constitutional violation … immunity as affirmative defenses.