Case law

Finca Santa Elena, Inc. v. U.S. Army Corps of Engineers

62 F. Supp. 3d 1 · District Court, District of Columbia · Jan 6, 2014

Standard of Review The party raising the issue bears the burden of establishing mootness, “and it is a heavy burden.” Fund For Animals v. … Although Finca and Román Más complain that the uncertainty has inhibited the likes of Wal-Mart and Walgreens from purchasing their property, this circuit’s precedent clearly considers such hardships insufficient to establish

Jennings v. United States

530 F. Supp. 40 · District Court, District of Columbia · Oct 22, 1981

“Since the United States can be sued only to the extent that it has waived its immunity, due regard must be given to the exceptions, including the independent contractor exception, to such waiver.” United States v. … The Supreme Court held that the contract gave the Government “no authority to physically supervise the conduct of the jail’s employees” and “clearly contemplated that the day-to-day operations of the contractor’s facilities

Ryan v. Department of Justice

474 F. Supp. 735 · District Court, District of Columbia · Jul 11, 1979

Pursuant to the Omnibus Judgeship Act of 1978, 1 President Jimmy Carter issued Executive Order 12097 2 which established judicial merit-selection guidelines. … As compared to this case, the Information Acquisition cases clearly concerned Department records. The Court finds this distinction crucial. 10 . Defendant’s Motion to Dismiss at 31-32.

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.”

Bigwood v. Defense Intelligence Agency

District Court, District of Columbia · Mar 22, 2011

This statute of limitations “is a jurisdictional condition attached to the government’s waiver of sovereign immunity.” Spannaus, 824 F.2d at 55. … Accordingly, the plaintiff has not established a causal nexus between the filing of his complaint and the defendant’s release of documents as necessary to establish his eligibility for attorney’s fees; therefore, the court

Smith v. Bowser

District Court, District of Columbia · Sep 30, 2022

Thus, “the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence.” Moran v. U.S. Capitol Police Bd., 820 F. Supp. 2d 48, 53 (D.D.C. 2011) (citing Lujan v. … Sovereign immunity bars civil actions against the United States unless its immunity is waived. See United States v. Mitchell, 463 U.S. 206, 212 (1983).

Johnson v. Paragon Systems, Inc.

District Court, District of Columbia · Mar 29, 2018

Johnson’s complaint for insufficient service of process, lack of subject-matter jurisdiction, qualified immunity, lack of personal jurisdiction, and for failure to state a claim. See Fed. Defs.’ Mem. in Supp. … To survive a Rule 12(b)(1) motion, the plaintiff bears the burden of establishing that the court has jurisdiction by a preponderance of the evidence. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992).

Peavey v. Gonzalez

District Court, District of Columbia · Sep 28, 2009

Peavey does not expressly invoke any waiver of sovereign immunity. … The United States has waived its immunity from suit for certain torts under the FTCA. 28 U.S.C. § 1346(b). The FTCA’s waiver of sovereign immunity, however, does not apply to constitutional tort claims.

Sherwood v. Evans

422 F. Supp. 2d 181 · District Court, District of Columbia · Mar 17, 2006

Defendant next argues that even if the ADEA applies, plaintiff cannot establish a prima facie case because he was not qualified for the position. … Defendant argues that it clearly stated its intent that the PSC position was contractual.

United States v. Schaffer

121 F. Supp. 2d 29 · District Court, District of Columbia · Oct 5, 2000

This is clearly not a case of bribery or extortion, however. The Independent Counsel neither charged nor proved any quid pro quo. … Schaffer concealed or falsely denied his knowledge of the arrangements for Secretary Espy’s attendance at the party, the record does not come close to establishing that Mr.

Asim v. Blinken

District Court, District of Columbia · Jul 8, 2024

USCIS will “generally approve” the form as long as a “qualifying relationship” has been established. See U.S. Citizenship & Immigr. Servs., I-130, Petition for Alien Relative. … Jan. 17, 2023) (cleaned up). 6  The first two factors clearly favor the Government.

Celmins v. United States Department of the Treasury

457 F. Supp. 13 · District Court, District of Columbia · Apr 25, 1977

However, rather than establishing such a concrete rule, Rose endorses a comprehensive balancing test. … It is their belief that the successful applicant for the promotion was not as well qualified as they were.

PATCHAK v. Salazar

646 F. Supp. 2d 72 · District Court, District of Columbia · Aug 19, 2009

In an effort to sidestep this paucity of *78 evidence, plaintiff alleges instead that he has a general interest in ensuring that only qualified tribes receive benefits under the IRA. … Indeed, this Court has held at least twice that merely being a taxpayer is insufficient to establish prudential standing under the IRA. Sault Ste. Marie v.

Martin Tractor Co. v. Federal Election Commission

460 F. Supp. 1017 · District Court, District of Columbia · Nov 8, 1978

The result would be no different if the Court assumed, contrary to the foregoing conclusion, that plaintiffs could qualify under § 437h. … The ruling was “quite clearly definitive” with “no hint that this regulation is informal ... or only the ruling of a subordinate official . . . .” Id., 387 U.S. at 151 , 87 S.Ct. at 1517 .

United Mexican States v. Lion Mexico Consolidated L.P.

District Court, District of Columbia · Nov 8, 2024

BACKGROUND Petitioner Mexico is a foreign state as defined in the Foreign Sovereign Immunities Act. Award ¶ 9; 28 U.S.C. § 1603(a)–(b). … It determined that the mortgages qualified as investments, id. Annex A ¶ 266, but that the promissory notes did not qualify and dismissed all claims related to those notes, id. ¶¶ 15, 203–08.

St. Marys Regional Medical Center v. Xavier Becerra

District Court, District of Columbia · Dec 20, 2024

Apart from the budget neutrality adjustments, Congress also immunized “the establishment of diagnosis-related groups, . . . the methodology for the classification of discharges within such groups, and . . . the appropriate … The court recognized that “the results of the data collection process are used to establish” the ultimate payment amounts, which were statutorily immunized from judicial or administrative review.

Segar v. Civiletti

508 F. Supp. 690 · District Court, District of Columbia · Feb 6, 1981

Benston told him he qualified for a GS-9 position. … Since statistical disparities may suffice to establish a discriminatory motive, a fortiori they are sufficient to establish a prima facie case when a showing of motive is not required. 9.

Thiuri v. Shultz

654 F. Supp. 46 · District Court, District of Columbia · Dec 11, 1986

Andualem, therefore, he would not have established a prima facie case of national origin discrimination. The Declaration of Mr. … Clearly, Mr. Thiuri will face great hardship if he is required to leave this country after spending most of his adult life here.

Dorsey v. Jacobson Holman, Pllc

District Court, District of Columbia · Apr 27, 2010

Termination of employment that would result in loss of health insurance constitutes such a qualifying event. 29 U.S.C. § 1163. … Dorsey suggests that she did contact DOL before the appeal process was established and that should suffice.

Cintron v. Adams

458 F. Supp. 43 · District Court, District of Columbia · Aug 8, 1978

suffice to establish a discriminatory effect on minorities. … Accordingly, upon the evidence produced in open court and the law, plaintiff has failed to establish a right to relief against defendant.