Case law

Lurie v. Mid-Atlantic Permanente Medical Group, P.C.

District Court, District of Columbia · Aug 9, 2010

Plaintiff claims that “[f]ederal law encourages physicians to report quality of care issues and grants physicians immunity for reporting quality of care issues.” … The parties did not clearly state their intention to change plaintiff’s employment status.

Burt Lake Band of Ottawa and Chippewa Indians v. Zinke

District Court, District of Columbia · Mar 29, 2018

Claims brought under the APA, “must also establish . . . … “The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements. . . . [so] plaintiff must ‘clearly . . . allege facts demonstrating’ each element.” Spokeo, Inc., 136 S.

MBIA Insurance Corp. v. Federal Deposit Insurance

816 F. Supp. 2d 81 · District Court, District of Columbia · Oct 6, 2011

Prudential Mootness Favors Dismissal Having established that MBIA’s claims do not qualify as administrative expenses, the Court now considers whether those claims must be dismissed as moot. … exercising a function or power that is clearly authorized by statute on the other.”

United States v. Debrick

District Court, District of Columbia · Jun 10, 2025

The sixth element of willfulness is also clearly shown here. … . ¶¶ 29, 32, so at a minimum he clearly knew that he was subject to the reporting requirements.

Shuler v. Dicks

District Court, District of Columbia · Mar 24, 2025

’ actions’ that demonstrates an ‘intent to deprive [a person] of equal protection, or equal privileges and immunities.” … Servs., 436 U.S. 658 (1978), against the District of Columbia, and that the individual Defendants are entitled to qualified immunity for Plaintiffs’ constitutional tort claims under § 1983.

Chinchillo v. Powell

236 F. Supp. 2d 18 · District Court, District of Columbia · Jan 7, 2003

When asked if he thought he could return and perform the duties of his prior position, given the therapy and medication that he had received, plaintiff stated clearly that he could not do so. … of his craft can never be ‘otherwise qualified.’ ”).

Hussain v. Principi

344 F. Supp. 2d 86 · District Court, District of Columbia · Oct 28, 2004

To establish a prima facie case of nonselection or failure to promote, plaintiff must at least show that: “(1) he is a member of a protected class; (2) he applied for and was qualified for an available position; (3) despite … Hussain was "qualified” for the position. (Def.’s Reply at 3.) As Acting Chief for four and half years, however, Dr. Hussain must have been at least minimally qualified for the position.

Physicians for Social Responsibility v. Pruitt

District Court, District of Columbia · Feb 12, 2019

But the statutes establishing EPA advisory committees do not require EPA “to recruit the most qualified scientists.” … Physicians and amici are clearly correct that the Directive is a shift in EPA’s practice.

Judicial Watch, Inc. v. United States Department of State

875 F. Supp. 2d 37 · District Court, District of Columbia · Jul 12, 2012

The nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. … Although comprised of emails about numerous individuals, Document W52 contains sufficient personal information to qualify under the Exemption.

Alder v. Columbia Historical Society

690 F. Supp. 9 · District Court, District of Columbia · May 17, 1988

been established and conciliation has failed. … Adequacy of Conspiracy Claims Defendants maintain that plaintiff has failed to establish a valid conspiracy claim under § 1985(3).

McMillan Park Committee v. National Capital Planning Commission

759 F. Supp. 908 · District Court, District of Columbia · Mar 21, 1991

The National Register of Historic Places is established by the NHPA. Id. § 470a(l)(A)-(B). … The National Commission’s actions or failures to act are not immune from judicial review anymore than the actions of any other agency.

Doe v. Office of Representative Sheila Jackson Lee

District Court, District of Columbia · Feb 14, 2020

See Lane, 518 U.S. at 192 (“A statute’s legislative history cannot supply a waiver [of sovereign immunity] that does not appear clearly in any statutory text; ‘the “unequivocal expression” of elimination of sovereign immunity … Under the Browning-Ferris test, CBCF would qualify as Doe’s joint employer if it “‘retained for itself sufficient control of the terms and conditions’” of her employment. Redd, 232 F.3d at 938 (quoting NLRB v.

Truesdale v. United States Department of Justice

657 F. Supp. 2d 219 · District Court, District of Columbia · Sep 29, 2009

In relevant part, the Report and Recommendation stated: The Indictment, with regard to the CCE charge in Count I clearly stated that the offense occurred, “From January 1987, and, continuing thereafter, until the present … It operates as a limited waiver of sovereign immunity, rendering the United States amenable to suit for certain, but not all, tort claims. See, e.g., Richards v.

True the Vote, Inc. v. Internal Revenue Service

71 F. Supp. 3d 219 · District Court, District of Columbia · Oct 23, 2014

immunity. … As explained below, because precedent does not permit the Court to create a Bivens remedy for the plaintiff against the individual IRS defendants, the Court need not address the personal jurisdiction and qualified immunity

Natural Resources Defense Council, Inc. v. Jamison

787 F. Supp. 231 · District Court, District of Columbia · Jun 6, 1990

Clearly an order striking down the rule would eliminate these threats. Plaintiffs’ Memorandum in Support of Their Standing at 15. … Clearly, here Congress intended that such organizations, as plaintiff organizations, representing the interests of members who are qualified surface owners, be given a role in the surface mining control and reclamation process

Dancy v. American Red Cross

972 F. Supp. 1 · District Court, District of Columbia · Jul 28, 1997

Race Discrimination Under Title VII To establish a prima facie case of race discrimination under Title VII, Plaintiff must show that: (1) she belongs to a protected class; (2) she was qualified for the position; (3) she was … Plaintiff has clearly made out the first two elements of a prima facie case of retaliation.

Johnson v. Bolden, Jr.

273 F. Supp. 3d 278 · District Court, District of Columbia · Aug 10, 2017

Cir. 2001) (waiver of federal sovereign immunity in ADEA extends to retaliation claims). … Circuit has held “must be ‘clearly and adequately expressed.’” Waters 320 F.3d at 271 (quoting Goble v. Marsh, 684 F.2d 12, 17 (D.C. Cir. 1982)).

Oxbow Carbon & Minerals LLC v. Union Pacific Railroad Company

District Court, District of Columbia · Feb 19, 2021

See 49 U.S.C. § 10706(a)(3)(B)(i) (clearly stating Congress’s intended placement of burden). … Opp. at 33-34 (“[C]ourts consistently reject the idea that an agreement is immune from the antitrust laws if it is any broader than the very specific type of agreement identified by a statute as immune.”)

Sales v. Department of Justice

549 F. Supp. 1176 · District Court, District of Columbia · Oct 20, 1982

In sum, at the close of his case plaintiff had established only that, as in the past and at all times relevant, the vacancy announcement for the Deputy Director position did not include the 510 accounting requirements, which … inference of race discrimination in his case in chief, again, a literal application of the McDonnell/Bundy criteria would shift the burden of going forward with the evidence to defendant. 6 Nevertheless, the defendant has clearly

Manning v. McHugh

District Court, District of Columbia · Jan 22, 2019

Because “[s]overeign immunity is jurisdictional in nature,” a plaintiff’s identification of a valid waiver is critical to establishing a federal court’s subject-matter jurisdiction over FTCA claims. FDIC v. … If Plaintiffs were to perfect service on the Doe Defendants, then the Court may need to evaluate statute of limitations issues, defenses to FTCA claims upon any substitution of the United States, and qualified immunity