Case law

Gherebi v. Obama

609 F. Supp. 2d 43 · District Court, District of Columbia · Apr 22, 2009

Practice Relating to “Enemy Combatants”, 10 Y.B. of Int’l Humanitarian L. 232, 240-41 (2009) (“In international armed conflicts, the Geneva Conventions have long supplied a clearly defined and established legal framework … The onus should therefore rest on the detaining party to establish that the civilian in question has actually directly participated in hostilities.

Joyce v. Office of the Architect of the Capitol

966 F. Supp. 2d 15 · District Court, District of Columbia · Sep 5, 2013

The latter ground for summary judgment is clearly premature: When filing his complaint, a discrimination plaintiff rarely has proof that his employer’s explanation is pretextual. … Whether called “retaliation” or something else, the FMLA clearly prohibits adverse actions motivated by FMLA-protected leave. See Quinn v. St.

United States v. Clark

District Court, District of Columbia · Sep 18, 2018

Walker testified that he received immunity from prosecution in exchange for his testimony. … Walker would be 4 immune from prosecution, the Court determined that it lacked inherent authority to grant use immunity to Mr.

Kelly v. Lahood

840 F. Supp. 2d 293 · District Court, District of Columbia · Jan 12, 2012

better qualified for the job.” … Add this to his indisputably superior educational credentials and it is clear Kelly cannot establish he was better qualified — let alone significantly better qualified — for the job.

Kuffel v. United States Bureau of Prisons

882 F. Supp. 1116 · District Court, District of Columbia · Apr 28, 1995

Exemption (b)(6) is used to withhold personal information, that if disclosed, would constitute a “clearly unwarranted invasion of personal privacy.” … The harm does not have to be established on a document by document basis. Reporters Comm., 489 U.S. at 776-77 , 109 S.Ct. at 1483 .

United States v. Pasha

District Court, District of Columbia · Mar 8, 2012

The case law is quite to the contrary The Supreme Court has clearly ruled that impeachment material is included in the Govemment’s Brady obligations. United States v. Bagley, 473 U.S. 667, 676-77 (1985); Giglio v. … _2_ It has long been established that Federal Rule of Criminal Procedure 16 was "designed to provide to a criminal defendant, in the interests of fairness, the widest possible opportunity to inspect and receive such

Africa Growth Corporation v. Republic of Angola

District Court, District of Columbia · Dec 3, 2018

by the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1608(a)(3). … Here, Angola’s thorough briefing has made its arguments regarding sovereign immunity under the FSIA abundantly clear.

Bergman v. Paulson

555 F. Supp. 2d 25 · District Court, District of Columbia · May 1, 2008

It is hornbook law that a regulation that is clearly inconsistent with the plain meaning of a statute is invalid. Am. Fed’n of Gov’t Employees v. Gates, 486 F.3d 1316, 1321-22 (D.C.Cir.2007). … Ironically, it was Williams, a former professional colleague of Plaintiff's, who persuaded Plaintiff to join the newly established Office of Public Liaison, which he was heading. 7 .

Graham v. Clusen

427 F. Supp. 820 · District Court, District of Columbia · Feb 24, 1977

more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified … In this Court’s view, these words clearly indicate that Congress intended that a more narrowly focused conspiracy and a more nearly total deprivation have existed.

Drielak v. McCarthy

209 F. Supp. 3d 230 · District Court, District of Columbia · Sep 19, 2016

An Outstanding rating is defined as “reserved for the truly exemplary employee who demonstrates the highest degree of achievement,” while as an Exceeds Expectations “signifies that the results achieved are clearly beyond … At the end of 2011, the agency decided not to interview Drielak for the permanent Criminal Investigations Division Director position although he was on the “Best Qualified” list.

United States Ex Rel. Miller v. Bill Harbert International Construction, Inc.

519 F. Supp. 2d 7 · District Court, District of Columbia · Mar 14, 2007

Circuit has adopted a three-part test to determine whether the qui tam relator is qualified to bring an FCA claim. … Clearly, a relator who establishes that he has direct and independent knowledge of all the .essential elements of a fraudulent scheme (i.e., the "underlying fraud transaction”) in his original complaint satisfies the D.C.

Fulgiam v. Kenneway

364 F. Supp. 3d 93 · District Court, District of Columbia · Mar 8, 2019

I now turn to the essential issue: whether the SJC's decision that the ten-print card was non-testimonial was an unreasonable application of clearly established federal law. Mr. … The fact there are no on-point Supreme Court cases that clearly establish ten-print cards as testimonial might be a sufficient answer to Mr. Fulgiam's claim.

Office & Professional Employees Int'l Union, Local 2 v. Federal Deposit Insurance

813 F. Supp. 39 · District Court, District of Columbia · Feb 2, 1993

When a receiver repudiates a qualified financial contract, the receiver’s liability is determined as of “the date of the disaffirmance or repudiation of such contract----” So, in the instance of qualified financial contracts … The FIRREA statute clearly applies only to services provided after appointment and prior to repudiation that are accepted by the receiver.

Logan v. Department of Veteran Affairs

404 F. Supp. 2d 72 · District Court, District of Columbia · Aug 30, 2005

Plaintiff has failed to establish a prima facie case of retaliation because she has not sufficiently demonstrated that she engaged in a “protected activity.” … Finally, the Court notes that, even if plaintiff never received the Court's Fox/Neal Order, the defendant clearly advised plaintiff of her obligation to respond (and the consequences of inaction or insufficient action).

Douglas v. District of Columbia Housing Authority

981 F. Supp. 2d 78 · District Court, District of Columbia · Oct 25, 2013

See Iqbal, 556 U.S. at 678. 9  Officers Millhouse and Pittman move to dismiss the claims against them based on qualified immunity (Mot. at 6-12), while the DCHA … Although filing a Rehabilitation Act claim qualifies as a “protected activity” and a demotion qualifies as a “materially adverse action,” plaintiff has failed to plead facts sufficient to support a finding of causation.

Contintental Transfert Technique Ltd. v. Federal Government

697 F. Supp. 2d 46 · District Court, District of Columbia · Mar 23, 2010

Waiver of Sovereign Immunity Almost as an aside, Nigeria contends that it “has not waived its sovereign immunity to suit in the United States.” MTD1 at 7. That argument is plainly incorrect. … Under the Foreign Sovereign Immunities Act (“FSIA”), “[a] foreign state shall not be immune from the jurisdiction of courts of the United States ... in any case ... in which the action is brought ... to confirm an award”

Moncada v. Peters

579 F. Supp. 2d 46 · District Court, District of Columbia · Sep 29, 2008

Id. at 46, 72. 14 As the FAA points out, “[a]n individual may qualify for a position at the lower grade, but may not necessarily qualify for the same position at a higher grade level.” … Moneada was found not qualified for position 59518.

In Re United Press International

106 B.R. 323 · District Court, District of Columbia · Sep 22, 1989

Clearly, this rule cannot be absolute; the more factually involved and one-sided a report is, the greater becomes the reporter’s obligation to report both sides of the story. … The only legal issue which could conceivably have "surprised" Mehau is the Court’s decision under Hepps , which arguably established a new federal rule of decision in 1986.

Woodruff v. Dimario

164 F. Supp. 2d 1 · District Court, District of Columbia · Aug 22, 2001

Wood-ruff as one of the seven best qualified candidates for the position, the selecting officers passed him over in favor of a white female, Judith Miller, whom they had also named as one of the seven best qualified candidates … The plaintiffs use of the 1992 date in this portion of his opposition is clearly erroneous. Throughout the briefs, except in this instance, both parties refer to the date of Ms.

Dayton v. Dulles

146 F. Supp. 876 · District Court, District of Columbia · Dec 21, 1956

App.D.C. 287, 290, 225 F.2d 938, 941 , the Court said: “World conditions, and those in particular areas, as to which the Executive has special information and on the basis of which he is especially qualified to make decisions … Such a holding would be contrary to a body of decisions which recognize the complicated, delicate and manifold problems relating to our foreign relations and the fact that such relations are largely immune from judicial inquiry