Case law

Gulf Restoration Network, Inc. v. National Marine Fisheries, Service

730 F. Supp. 2d 157 · District Court, District of Columbia · Aug 12, 2010

Similarly, the affidavits in this case do not clearly define when or how Plaintiffs would be affected. … This reasoning fails to meet the standard established in DRG Funding.

International Creative Talent Agency, LLC v. Turkish Republic of Northern Cyprus

856 F. Supp. 2d 223 · District Court, District of Columbia · Apr 24, 2012

Diversity Jurisdiction Plaintiff does clearly rely on diversity jurisdiction under 28 U.S.C. § 1332(a)(2). See Compl. ¶ 1. … The Court need not decide which is the more appropriate standard because Plaintiff has clearly conceded its Lanham Act claim.

Hensley v. Office of the Architect of the Capitol

806 F. Supp. 2d 86 · District Court, District of Columbia · Aug 24, 2011

There are two instances, however, where it is clearly not appropriate to award money damages in a Bivens claim. Bivens, 403 U.S. at 396. … immunity argument.

Chamness v. McHugh

814 F. Supp. 2d 7 · District Court, District of Columbia · Sep 30, 2011

[e]nsure only the best qualified Soldiers are retained beyond 20 years of qualifying service for non-regular retired pay. … qualified” soldiers.

Lazaridis v. United States Department of Justice

713 F. Supp. 2d 64 · District Court, District of Columbia · May 26, 2010

Lazaridis can appear pro se but is not qualified to appear as counsel for others. Georgiades v. Martin-Trigona, 729 F.2d 831, 834 (D.C.Cir.1984); accord Delaney v. … Circuit reasoned that in crafting § 552(f), “Congress evidently viewed the four specified classes as examples of ‘establishments in the executive branch,’ so that an entity clearly outside the executive branch would not qualify

Gold Reserve Inc. v. Bolivarian Republic of Venezuela

146 F. Supp. 3d 112 · District Court, District of Columbia · Nov 20, 2015

In considering this issue, the Court bears in mind that U.S. precedents clearly establish that “erroneous legal reasoning or misapplication of law is generally not a violation of public policy within the meaning of the … And although the 31 Foreign Sovereign Immunities Act permits damages awards against foreign states in the enforcement of an agreement made by that state, see 28 U.S.C.

Howard v. Office of the Chief Administrative Officer of the United States House of Representatives

District Court, District of Columbia · Jun 24, 2011

The Act waives sovereign immunity for claims brought thereunder, Fields v. Office of Eddie Bernice Johnson, U.S. Congress, 459 F.3d 1, 8 (D.C. … She was among three candidates, and the only internal candidate, to be rated as highly qualified for the position. Am. Compl. ¶ 14.

Stephens v. United States

514 F. Supp. 2d 70 · District Court, District of Columbia · Sep 28, 2007

Lack of Jurisdiction As a preliminary matter, plaintiffs have failed to establish this Court’s subject matter jurisdiction over their claims relating to the legality and accuracy of the tax assessment. 2 The burden of establishing … Because plaintiffs have not completed these prerequisites, sovereign immunity has not been waived, and this Court lacks jurisdiction to consider plaintiffs’ assessment claims.

Akridge v. Gallaudet University

District Court, District of Columbia · Aug 3, 2010

Id. at 12 (noting that a mere assertion of failure to exhaust administrative remedies without more is “clearly inadequate under prevailing regulations to establish a failure to exhaust administrative remedies”). … Cir. 2006) (holding that the plaintiff cannot establish pretext based on her self-serving affidavit and own subjective assessment that she was qualified for the position).

Perlstein v. Rockwood Insurance (In Re AOV Industries, Inc.)

85 B.R. 183 · District Court, District of Columbia · Apr 19, 1988

The insurance coverage provided by Rockwood at A & T’s expense clearly falls within this definition. Thus, the coverage qualifies as an “employee benefit plan” under 11 U.S.C. § 507 (a)(4). … Clearly an obligation to perform arises *188 upon the making of a binding contract.” Id. at 158 .

Robinson v. Red Coats, Inc.

District Court, District of Columbia · Aug 30, 2012

The defendant now moves for dismissal or summary judgment arguing that the plaintiff “cannot establish that she was qualified for her position as a [c]leaner,” nor can she “establish a causal connection between her filing … The defendant argues that its motion should be granted because “it will be impossible for [the p]laintiff to establish that she was qualified for the position” given the arbitration decision.

Little v. Garland

District Court, District of Columbia · Jan 13, 2026

She argues that the exhibits establish an inference of discrimination by showing that the FBI’s proffered reasons for the non- selections were “clearly pretextual.” Id. at 14. … Little was not the first or second most qualified.”).

Lewis v. District of Columbia

653 F. Supp. 2d 64 · District Court, District of Columbia · Sep 14, 2009

To establish a prima facie case of discrimination in the context of a non-selection claim, the plaintiff must show “(i) that [s]he belongs to a [protected class]; (ii) that [s]he applied and was qualified for a job for which … and that the DCRA ultimately hired an individual far less qualified than her for the position.

Central United Life Insurance Co. v. Burwell

128 F. Supp. 3d 321 · District Court, District of Columbia · Sep 11, 2015

Defendants call plaintiffs’ standing theory “speculative,” and argue that speculative theories fail to establish Article III standing. … But these words clearly do not mean what defendants want them to.

Wultz v. Islamic Republic of Iran

755 F. Supp. 2d 1 · District Court, District of Columbia · Oct 20, 2010

Instrumentalities of Foreign States Are Presumptively Immune. … If the core functions are commercial, however, then the entity qualifies as an agency or instrumentality of a foreign state. Id. The Court’s analysis does not end, however, with this categorical distinction.

Román v. Castro

149 F. Supp. 3d 157 · District Court, District of Columbia · Mar 1, 2016

,’ or ‘substantially more qualified,’ or ‘significantly better qualified’ than the successful candidate.” … Román does not contend that she was more qualified than Villafuerte, let alone “significantly” more qualified.

Magliore v. Brooks

District Court, District of Columbia · Feb 22, 2012

J. at 1), the only two grounds advanced for judgment favoring Brooks on the excessive force and assault and battery claims were qualified immunity and privileged use of force (Defs.’ Mem. of P. and A. at 11-13, 14-17). … Accordingly, demonstrating a single instance of a constitutional violation -- that does not itself establish municipal policy -- without connecting it to an existing, unconstitutional policy is not sufficient to establish

O'Neill v. Garland

District Court, District of Columbia · Dec 5, 2022

Of those funding streams, all of the proceeds of qualifying criminal cases and 75% of the proceeds from qualifying civil penalties (initially 50% before Congress increased the percentage in the 2019 Clarification Act) are … documentation, and how much he is qualified to receive in each distribution round.

Judicial Watch, Inc. v. U.S. Department of Justice

898 F. Supp. 2d 93 · District Court, District of Columbia · Oct 12, 2012

The defendant argues that such records, if they existed, would clearly “implicate significant privacy interests.” Mem. in Supp. Def.’s Mot. Summ. J. (“Def.’s Mem.”) at 12, ECF No. 11. … Obviously, to qualify as an official acknowledgement, the acknowledgement must be “official,” i.e., authorized or approved by the agency in possession of the information being acknowledged.

Passer v. American Chemical Society

749 F. Supp. 277 · District Court, District of Columbia · Aug 30, 1990

When the substantive law is applied to these attributes, plaintiff clearly satisfies the bona fide executive requirements, thereby precluding a possible finding that defendant violated the ADEA. A. … The individuals who report to the incumbent work under general direction, and receive guidance in establishing new programs.