Case law

Information Systems & Networks Corp. v. United States Department of Health & Human Services

970 F. Supp. 1 · District Court, District of Columbia · Jun 11, 1997

Defendants, as federal agencies, are immune from suit unless the government has expressly waived that immunity. Transohio Sav. Bank v. Director, Office of Thrift Supervision, 967 F.2d 598, 606 (D.C.Cir.1992). … Furthermore, it, and OAO, challenge the fact that ISN could ever qualify as an “offeror”.

Osage Nation v. United States Department of Interior

District Court, District of Columbia · Sep 17, 2025

, which courts may render only after jurisdiction has been established.”); Leopold v. … Contrary to plaintiff’s assertions that Congress “did not establish any prerequisites for submitting” a final offer, see Pl.

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).

Aguilar v. Salazar

626 F. Supp. 2d 36 · District Court, District of Columbia · Jun 18, 2009

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 .

Peterson v. Fidelity & Deposit Co. of Maryland

330 F. Supp. 424 · District Court, District of Columbia · Jun 22, 1971

The joint bank accounts were to be established in the Union Trust Company, and on June 25, 1963, plaintiff and Oxford executed a “Resolution to Establish a Joint Account” on a preprinted form supplied by Union Trust. … This clearly could not have been the intent of the parties.

Elam v. BOARD OF TRUSTEES OF UNIVERSITY OF DC

530 F. Supp. 2d 4 · District Court, District of Columbia · Dec 18, 2007

But as detailed above, the Court is satisfied that plaintiff has demonstrated that he was qualified for the position in the context of establishing a prima facie case. … Even if plaintiff were able to establish that Dean Petty’s assessment of his qualifications was erroneous and that he was qualified for the position of Full Professor, that would not be enough to survive summary judgment

Humphries v. Newman

District Court, District of Columbia · Mar 2, 2022

This Court thus refuses to pierce Defendants’ cloak of immunity and must dismiss any defamation claim here. … Code establish no causes of action. See D.C. Code Ann. § 2-1201.01 (stating the D.C.

Salazar v. Dc

District Court, District of Columbia · Aug 5, 2010

U.S. 418 (1987), held that tenants could bring a private lawsuit under § 1983 for violations of the Public Housing Act where a provision of that statute “conferred entitlements ‘sufficiently specific and definite to qualify … The statute speaks in terms that are clearly mandatory, as it says that states “must . . . provide.” 42 U.S.C. § 1396a(a)(43); 42 U.S.C. § 1396d(r) (describing services in

National Ass'n of Recycling Industries v. Secretary of Commerce

494 F. Supp. 158 · District Court, District of Columbia · Jul 3, 1980

Standing A dispute does not fall within the subject-matter jurisdiction of federal courts unless it qualifies as a “case” or “controversy” within the meaning of article III, and it cannot so qualify unless the plaintiff has … Except with respect to section 7(c), the Act does not single out recyclables for special treatment, so an equal protection attack would clearly fail.

Molineaux v. United States

788 F. Supp. 33 · District Court, District of Columbia · Apr 2, 1992

If there are not enough slots, even qualified officers may have to be terminated. … Congress clearly did not want to hinder the Secretary’s ability to structure the Foreign Service to address the foreign policy needs as he understood them to be.

National Star Route Mail Contractors Association, Inc. v. United States Postal Service

223 F. Supp. 3d 14 · District Court, District of Columbia · Dec 19, 2016

It is well settled that the Government has waived its immunity from suit against the Postal Service. … 19 Postal Service’s immunity from suit. 39 U.S.C. § 401(1).

Doe v. Rumsfeld

501 F. Supp. 2d 186 · District Court, District of Columbia · Aug 21, 2007

Six plaintiffs, known as John Doe # 1 through # 4 and Jane Doe # 1 and # 2, brought this action to challenge the lawfulness of the defendants’ Anthrax Vaccination Immunization Program (“AVIP”). … Under the Circuit’s standard, these entries are clearly too vague. One possible remedy is to reduce plaintiffs’ fee by certain percentage because of the vague entries.

United States v. Anaconda Co.

445 F. Supp. 486 · District Court, District of Columbia · Jun 15, 1977

Certainly such systems qualify as “articles.” … The Commission is clearly intended to override inadequate and conflicting state and local regulation. 15 U.S.C. § 2051 .

Equal Employment Opportunity Commission v. Printing Industry of Metropolitan Washington, D.C., Inc.

92 F.R.D. 51 · District Court, District of Columbia · Oct 20, 1981

Red Cross, 78 F.R.D. 73, 77 (D.D.C.1978): the case is before the Court on a motion for class certification, and therefore, the proof required here need not establish liability. … This is evidenced by the fact that the two unions have separate counsel, who are eminently qualified.

Rothe v. Astrue

766 F. Supp. 2d 5 · District Court, District of Columbia · Feb 22, 2011

Finally, a letter from Procter notes that plaintiff “has supplied documentation that clearly states a diagnosis of: Depression, Fibromyalgia, Chronic Fatigue Syndrome, and Chemical Sensitivity.” (AR at 273.) D. … The claimant must, support his claim of impairment with “[ojbjective medical evidence” that is “established by medically acceptable clinical or laboratory diagnostic techniques.” 42 U.S.C. § 423 (d)(5)(A).

Smith v. Paulison

District Court, District of Columbia · Jun 22, 2009

May 29, 2008) (holding that the plaintiff demonstrated pretext in part by establishing a causal connection). … This argument is devoid of merit, as the evidence clearly demonstrates that there was not a separate GS 15 position distinct from the VA 228 position.

Smith v. Chamber of Commerce of United States

645 F. Supp. 604 · District Court, District of Columbia · Sep 25, 1986

Defendant has moved for summary judgment on the grounds that first, plaintiff fails to establish a prima facie case of age discrimination, and second, even if plaintiff has established a prima facie case, defendant has articulated … Regardless of whether plaintiff could have presented a prima facie case, summary judgment clearly is warranted on his ADEA claim as defendant has fulfilled its burden of producing evidence showing that plaintiff was terminated

Sanford v. Howard University

415 F. Supp. 23 · District Court, District of Columbia · Feb 26, 1976

A brilliant, exceptionally qualified black student was given course credit without an examination. … Also clearly in point is the holding of another circuit in an opin *30 ion by Judge Stevens, now Mr.

Modderno v. King

871 F. Supp. 40 · District Court, District of Columbia · Dec 19, 1994

The Plaintiff states, in opposition, that the allegations in her Complaint are “clearly sufficient” to state a claim under Section 504. Opposition, at 2. … DISCUSSION Section 504 of the Rehabilitation Act prohibits a federal agency or a federally funded program from denying benefits to handicapped individuals solely on the basis of their disability. 3 To establish a prima facie

Clinton Memorial Hospital v. Sullivan

783 F. Supp. 1429 · District Court, District of Columbia · Jan 30, 1992

The Secretary was authorized to promulgate regulations “providing] for the establishment of limits on ... costs ... to be recognized as reasonable.” Id. § 1395x(v)(l). … The Secretary clearly set forth his intent to provide for objective criteria that would be easy to apply. The accompanying regulation accomplishes this objective.