Case law

National Council of Community Mental Health Centers, Inc. v. Weinberger

361 F. Supp. 897 · District Court, District of Columbia · Aug 3, 1973

This intent is established by the following facts and circumstances, among others. … With this meaning clearly in mind, Congress overrode the President's veto.

Breen v. Peters

529 F. Supp. 2d 24 · District Court, District of Columbia · Jan 7, 2008

The text of the bypass provision is unambiguous and very clearly states the filing deadline: When the individual has not filed a complaint concerning age discrimination with the [Equal Employment Opportunity] Commission, … Plaintiffs and movants offer no facts to establish that equitable tolling of the statutory deadline is warranted in this case.

Padgett v. Vilsack

District Court, District of Columbia · Aug 27, 2026

Padgett has not established that mandamus is warranted. A. Failure to Seek Leave to Amend Mr. … Section 8308 therefore does not clearly and indisputably entitle Mr.

McCormick v. District of Columbia

554 F. Supp. 640 · District Court, District of Columbia · Nov 30, 1982

McCormick to an established position commensurate to his grade and then properly document his performance.” … In addition, since part of plaintiff’s claim concerns his demotion and subsequent reassignment, his prima facie case had to include evidence that he was qualified for his own job, which it clearly did. 15 The reasons advanced

RSM Production Corp. v. Freshfields Bruckhaus Deringer U.S. LLP

800 F. Supp. 2d 182 · District Court, District of Columbia · Aug 3, 2011

Bowen was not entitled to immunity, but nonetheless affirmed Mr. … May 24, 2011) (“It is well-established that res judicata applies regardless of the claims or legal theories actually relied upon in the earlier litigation.”); Youngin’s Auto Body v.

Hobson v. Herrington

704 F. Supp. 278 · District Court, District of Columbia · Jan 6, 1989

The statute clearly acts an entitlement to a vacant SES position for which the employee is qualified. 5 U.S.C. § 3595 (b)(3). … The HE interpreted the term “vacancy” to mean an established position which the agency seeks to fill.

Severance v. Weinberger

362 F. Supp. 1348 · District Court, District of Columbia · Jul 2, 1973

The basis for this contention is not clearly spelled out, but apparently rests in the fact that some illegitimate children can qualify for benefits under § 216(h) (2), while many other illegitimates can qualify by meeting … The presumption is not available to illegitimates attempting to qualify under § 216(h) (3). [20] Watts v.

Sanofi-Aventis U.S. LLC v. Food and Drug Administration

842 F. Supp. 2d 195 · District Court, District of Columbia · Feb 7, 2012

Understanding the potential for your product to elicit an immune response is critical, since low molecular weight heparins are associated with a serious immune-driven adverse event, heparin induced thrombocytopenia … Clearly this factor alone is insufficient to show active ingredient sameness because it does not show complete equivalence of the two active ingredients.

Northern Air Cargo v. United States Postal Service

District Court, District of Columbia · Sep 23, 2010

(“Appellees’ claims here, that the Postal Service ‘exceeded its statutory authority’ in purporting to apply the statute, clearly admit of judicial review.”). B. … To the contrary, plaintiffs argue that § 5402(g)(5)(C) clearly specifies, without qualification, that “‘a new 121 mainline passenger carrier, otherwise qualified under this subsection, may immediately receive equitable

Poss v. Kern

District Court, District of Columbia · Sep 25, 2024

Nor does § 8.01-328.1(A)(1)—which grants jurisdiction over defendants “transacting any business” in Virginia—apply here because Kern’s contacts to Virginia are less significant than those found to qualify as transacting … That judicial review provision is precisely the type of “special and adequate review procedure” Congress “immunized from duplicative APA review.” CREW, 846 F.3d at 1245–46 (cleaned up); Haleem v.

Friedman v. Devine

565 F. Supp. 200 · District Court, District of Columbia · Feb 25, 1982

Announcement No. 318 issued by OPM in October 1979 2 required applicants for ALJ certification to “clearly establish” at least seven years of experience “in the preparation, presentation, or hearing of formal cases in governmental … Instead he attacks OPM’s determination that his own work in the Advice Division in the Office of General Counsel was not litigation experience qualifying him for certification under Announcement No. 318.

Fagan v. United States Small Business Administration

783 F. Supp. 1455 · District Court, District of Columbia · Feb 6, 1992

Only if contract support was found was the agency to proceed to the next step of determining whether the applicant qualified for the program. … The Court also notes that the plaintiff would not be entitled to either punitive or compensatory damages because sovereign immunity bars a claim for monetary damages unless there is a clear waiver of that immunity.

Durso v. Napolitano

795 F. Supp. 2d 63 · District Court, District of Columbia · Jul 5, 2011

There, the FAA argued that “to qualify as an order, an agency decision must not only be final, but also ‘be accompanied by a record sufficient to permit judicial review.’ ” Safe Extensions, 509 F.3d at 598 (quoting the FAA … The inescapable-intertwinement doctrine applies only where a claim does not directly challenge the order in question; if it does, intertwinement is a moot point because § 46110 clearly applies.

Goldstein v. Islamic Republic of Iran

District Court, District of Columbia · Dec 4, 2018

. § 1605A, an exception to the Foreign Sovereign Immunities Act that allows suit against state sponsors of terror. He seeks compensatory and punitive damages for assault and battery and emotional distress. … “Although a court clearly may judicially notice its findings of facts and conclusions of law in related cases, this Circuit has not directly considered whether and under what circumstances a court may judicially notice

Taylor v. Federal Aviation Administration

District Court, District of Columbia · Nov 26, 2018

But, absent an express waiver of sovereign immunity, an award of interest cannot be recovered against the United States. See Library of Congress v. … Cir. 1986) (“Absent a clearly manifested congressional decision to waive the traditional ‘no-interest rule’ in government suits, we cannot award . . . interest in this case.”).

Heching v. Syrian Arab Republic

District Court, District of Columbia · Oct 20, 2025

That provision of the Foreign Sovereign Immunities Act (“FSIA”) provides a private right of action for U.S. nationals injured by state-sponsored terrorism. … Supp. 3d 110, 120 (D.D.C. 2022) (qualifying Soudry as an expert in forensic accounting).

Liebman v. Deutsche Bank National Trust Company

15 F. Supp. 3d 49 · District Court, District of Columbia · Feb 11, 2014

– i.e., performing a “function normally performed by a judge” – is immune from suit on all judicial acts as long as the judge was not acting in the complete absence of jurisdiction. … First, Plaintiffs do not address the fact that other Defendants contesting venue besides Deutsche Bank have shown that venue is clearly improper in this district.

Valibeigi v. District of Columbia

District Court, District of Columbia · Sep 27, 2024

“[M]ere conclusory statements” cannot establish a claim plausible on its face. Iqbal, 556 U.S. at 678. … For purposes of this statute, a municipality or local government qualifies as a “person.” See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 692 (1978).

Gable v. United States

931 F. Supp. 2d 143 · District Court, District of Columbia · Mar 21, 2013

This court, however, is in no position to conduct such a jurisdictional inquiry since FTCA claims are clearly outside our jurisdiction. … Meyer, 510 U.S. 471, 475 (1994) (absent a specific waiver, the United States government is protected from suit by the doctrine of sovereign immunity).

National Federation of Federal Employees v. Weinberger

640 F. Supp. 642 · District Court, District of Columbia · Jun 23, 1986

Burns, 427 U.S. 347 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976), for the proposition that “[t]he imminent denial of constitutional rights clearly constitutes irreparable injury.” … The record before the Court does not indicate the criteria used to determine whether a civilian employee is “qualified” for the local assistance program.