Case law

Johnson v. District of Columbia

572 F. Supp. 2d 94 · District Court, District of Columbia · Aug 21, 2008

Unlike Johnson, she did not have a degree in accounting, and was less or, at best, only equally qualified for the position in comparison to Johnson. Id. … Compliance with the statutory notice requirement is mandatory and a prerequisite to filing a suit against the District of Columbia “because it represents a waiver of sovereign immunity.” Winder v.

Thorpe v. District of Columbia

894 F. Supp. 2d 1 · District Court, District of Columbia · Feb 14, 2012

the existence of an Olmstead Integration Plan is all that is required to establish compliance with the Integration Mandate. … With respect to the District’s claim to have a plan that demonstrates a measurable commitment to deinstitutionalization, the undisputed numbers clearly undercut any such contention.

Mott Thoroughbred Stables, Inc. v. Rodriguez

87 F. Supp. 3d 237 · District Court, District of Columbia · Apr 8, 2015

The plaintiff has proffered no explanation as to why the beneficiary’s field of thoroughbred racehorse training qualifies as a field in the “arts.” … Petitioners are required to establish only that the O-1 artist is prominent in his or her field of endeavor.

Select Milk Producers, Inc. v. Veneman

304 F. Supp. 2d 45 · District Court, District of Columbia · Feb 23, 2004

The Secretary has established regulations for holding these hearings. 7 C.F.R. §§ 900.1-900.18 (2004). … Plaintiffs bear the burden of establishing entitlement to fees sought. Hensley v.

Saunders v. Davis

District Court, District of Columbia · Sep 15, 2016

Saunders, who bears the burden of establishing the government’s waiver of sovereign immunity, points to two bases for his claim against Secretary Perez. First, Mr. … Saunders has failed to meet his burden to establish subject matter jurisdiction and to establish a waiver of the federal government’s sovereign immunity. Accordingly, the Court will dismiss Mr.

Haim v. Islamic Republic of Iran

425 F. Supp. 2d 56 · District Court, District of Columbia · Mar 24, 2006

This Court finds the following facts to be established by clear and convincing evidence, which would have been sufficient to establish a prima facie case in a contested proceeding: I.Generally 1. … Clearly, cases in the third category are most appropriate to consider in the context of this case.

Cohne v. Navigators Specialty Ins. Co.

361 F. Supp. 3d 132 · District Court, District of Columbia · Feb 19, 2019

The Policy clearly defines "you" as referring to both "Named Insured shown in the Declarations" and "any other person or organization qualifying as a Named Insured under the policy." Navigators Policy 13. … At the outset of the Policy, the Declarations clearly define BBC as a "Named Insured." Id. at 3. There is no other provision in the policy that provides for entities other than BBC to qualify as a "Named Insured."

Davis v. Islamic Republic of Iran

District Court, District of Columbia · Mar 30, 2012

Their action is brought pursuant to the state-sponsored exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et seq., which was enacted as part of the National Defense Authorization Act for … However, the special master goes too far in assuming that the attack was “directed at” both the family members then-alive—who may clearly recover—while also being “directed at” unborn family members, a potentially unlimited

Loumiet v. United States of America

District Court, District of Columbia · Nov 28, 2017

For example, 5 Individual Defendants make no argument that Abbasi should affect this Court’s prior determination regarding absolute prosecutorial immunity and qualified immunity. See, e.g., Loumiet V, 255 F. … At the time, they appeared to focus instead on Individual Defendants’ argument that FIRREA and the APA qualified as alternatives. See, e.g., Individual Defs.’

Mundy v. Weinberger

554 F. Supp. 811 · District Court, District of Columbia · Jan 28, 1983

Sovereign Immunity. Defendants contend finally that, even if they acted unlawfully in refusing to effectuate Mundy’s promotion, his request for back pay is barred by the doctrine of sovereign immunity. Land v. … The Court is merely construing an existing statute to determine the rights and duties that the statute established. 34 .

Art Metal-U. S. A., Inc. v. United States Department of Commerce, Economic Development Administration

527 F. Supp. 671 · District Court, District of Columbia · Nov 12, 1981

There the Court of Appeals denied an injunction against the Small Business Administration (“SBA”) because the SBA was immune from injunction under a statutory provision identical to 42 U.S.C. § 3211 (11). … The Court has no basis for rejecting that determination now as either clearly erroneous or in bad faith.

Seminole Nation of Oklahoma v. Norton

206 F.R.D. 1 · District Court, District of Columbia · Sep 27, 2001

It has long been established that the Court’s review in APA actions is confined to the administrative record. Citizens to Preserve Overton Park, Inc. v. … See Seminole Nation of Oklahoma, 24 IBIA at 225 (“Unapproved tribal governing documents, while clearly entitled to respect, are not binding on Department [of the Interior] officials in the same sense [as approved constitutional

Robinson-Smith v. Government Employees Insurance

323 F. Supp. 2d 12 · District Court, District of Columbia · Jul 1, 2004

There is no dispute between the parties that plaintiffs’ salary clearly satisfies this requirement for exemption. … Under the three part test established by the Department of Labor Regulations and applied by the courts, defendant has satisfied the first two requirements by showing that plaintiffs salary is sufficiently high to qualify

Koch v. Schapiro

759 F. Supp. 2d 67 · District Court, District of Columbia · Jan 6, 2011

An individual is entitled to the protections of the Rehabilitation Act if he can establish that he is a qualified person with a disability; that he can perform the essential functions of his job with or without reasonable … Generally, to establish a prima facie case of discriminatory or retaliatory non-selection or failure to promote, plaintiff must show that (1) he is a member of a *78 protected class; (2) he applied for and was qualified for

Roth v. Syrian Arab Republic

District Court, District of Columbia · Sep 28, 2018

Syria is clearly a foreign state. The Syrian Air Force Intelligence is also a foreign state under the FSIA. … Thus, the final element for waiver of sovereign immunity under § 1605A is met and defendants are not entitled to sovereign immunity.

Ross v. United States

566 F. Supp. 1024 · District Court, District of Columbia · Jun 2, 1982

Herter, 177 F.Supp. 285 (D.D.C.1959) as establishing his right to a particular position. … Indeed, § 9(d) of the Inspector General Act demonstrates very clearly that when Congress wished to tie the transferee’s new position to his old one, it knew how to do so — and it did so explicitly.

Florida Health Sciences Center, Inc. v. Secretary U.S. Department of Health & Human Services

89 F. Supp. 3d 121 · District Court, District of Columbia · Mar 31, 2015

Since Congress clearly provided that “[tjhere shall be no administrative or judicial review ... of ... … It also compares the judicial review provision in this case to others provisions that immunize a “broad range” of subjects from review. Opp. at 18, citing Tex. Alliance for Home Care Servs. v.

Jeffries v. Lynch

217 F. Supp. 3d 214 · District Court, District of Columbia · Nov 15, 2016

Randolph was pre-selected, since additional candidates were clearly under consideration. … The former point mischaracterizes the evidence since the record shows clearly how the total scores were computed.

Alexander v. Federal Bureau of Investigation

192 F.R.D. 42 · District Court, District of Columbia · Mar 6, 2000

Therefore, the privilege log fails to establish that the documents are properly being withheld. … Therefore, in order to establish privilege, McLarty must clearly demonstrate that his motive for making the notations was to communicate with his counsel for the purpose of securing legal advice.

Wilkinson v. Wilkinson

785 F. Supp. 1037 · District Court, District of Columbia · Mar 13, 1992

Wilkinson’s pension absent a qualified agreement to the contrary. … Thus, the law clearly requires and Congress intended that any waiver of statutory rights to retirement benefits be “express.”