Case law

Taylor v. Washington Metropolitan Area Transit Authority

922 F. Supp. 665 · District Court, District of Columbia · Apr 2, 1996

As stated above, defendant can clearly do so: it found plaintiff to have committed a serious violation of its rules of conduct. … To rebut the presumption of an at-will employment relationship, the parties must “state clearly their intention” to limit the employer’s right to terminate. Id; Littell v.

Wada v. Tomlinson

517 F. Supp. 2d 148 · District Court, District of Columbia · May 9, 2007

The Court therefore notes that, although Plaintiff is not actually required to establish a prima facie case, it appears that she would be unable to do so because she cannot demonstrate that she was qualified for the reclassification … Furthermore, it appears that Plaintiff would have been unable to establish a prima facie case of discrimination on the basis of race, sex, or religion because she cannot demonstrate that she was qualified for the reclassification

Glenn v. Bair

District Court, District of Columbia · Aug 10, 2009

May 29, 2008) (holding that the plaintiff demonstrated pretext in part by establishing a causal connection). … The correlation between rankings and age, however, more clearly supports the argument that age must have motivated the selection process because it is unlikely that the seven most qualified candidates also happened to be

Lohrenz v. Donnelly

223 F. Supp. 2d 25 · District Court, District of Columbia · Aug 16, 2002

“Substantial Truth” Doctrine It is established law that truth is an absolute defense to an action for defamation. Olinger v. Am. Savings and Loan Assoc., 409 F.2d 142, 144 (D.C.Cir.1969). … Contrary to defendants’ assertion that the record “unequivocally” establishes the issue of double standards and of plaintiffs flying abilities, the record is extremely muddled.

Howie v. Office of Eddie Bernice Johnson

570 F. Supp. 2d 115 · District Court, District of Columbia · Aug 14, 2008

Johnson asserted that “when [the office has] an opening,” she would like qualified Asian American applicants “to be considered” and February 2003 when plaintiff was hired, defendant had four other job openings for which it … Reistrup was unqualified or less qualified than plaintiff for the position since according to Rep. Johnson, “schedulers do not have to work on the Hill.

Quintell Etheridge v. Fedchoice Federal Credit Union

District Court, District of Columbia · Jun 2, 2011

Plaintiff has clearly established, and Defendant does not challenge, that her plantar fasciitis was a medical impairment “of central importance to daily life,” namely, her ability to stand and walk. … While Plaintiff does not provide any authority establishing that an impairment such as hers, lasting at most for 8 months, qualifies as a disability under the ADA, there is ample case law establishing that Plaintiff’s

Barnes v. District of Columbia

924 F. Supp. 2d 74 · District Court, District of Columbia · Feb 14, 2013

When put this way, evidence of the Bynum settlement is clearly relevant to the upcoming liability trial. … Jails, is clearly relevant to the issue of whether the District had a pattern and practice of overdetaining inmates.

Sierra Club v. Jackson

724 F. Supp. 2d 33 · District Court, District of Columbia · Jul 20, 2010

Based on these concerns, the Court found that an agency’s decision to refuse to bring an enforcement action is unsuitable for review, and therefore, it “should be presumed immune from judicial review” unless the statute “ … Train, 515 F.2d 654 , 661 (D.C.Cir.1975), do not qualify as dates certain for the purpose of establishing an agency's mandatory duty. (Def.’s Mot. at 19.) But even assuming arguendo that the D.C.

Kilby-Robb v. DeVos

246 F. Supp. 3d 182 · District Court, District of Columbia · Mar 30, 2017

Id. .That is, the plaintiff must be “ ‘markedly more qualified,’ ‘substantially more qualified,’ or ‘significantly better qualified’ than the successful candidate.” Id. (quoting Holcomb v. … “Given that [Pfeltz] was clearly qualified for the position, Kil-by-Robb has a high bar to meet in order to show that she was so much more qualified that a jury could reasonably conclude that [the Department] selected [Pfeltz

Douglas v. United States

306 F. Supp. 2d 16 · District Court, District of Columbia · Feb 26, 2004

Consequently, the petitioner’s instant motion, which he filed two-and-a-half years after the original sentencing, does not qualify-him for relief under Rule 35. Id. … The Application Notes clarify that this enhancement “reflects the increased danger of violence when drug traffickers possess weapons” and that it “should be applied if the weapon was present, unless it is clearly improbable

Berge v. United States

879 F. Supp. 2d 98 · District Court, District of Columbia · Jul 26, 2012

As noted earlier, where a court concludes that a statute is unambiguous, the court must reject an agency’s interpretation if it is inconsistent with clearly expressed congressional intent. … Is ABA Therapy “Unproven” “Medical Care, ” Even If It Qualifies as “Medical Care”?

Doe v. District of Columbia

District Court, District of Columbia · Oct 18, 2016

ANALYSIS Gladden and Ogu move for summary judgment on Doe’s § 1983 claim on the grounds that they are protected by qualified immunity. … But, on the present record, and resolving all disputed factual issues in Doe’s favor, qualified immunity is unavailable.

Sampleton v. Potter

271 F. Supp. 2d 90 · District Court, District of Columbia · Apr 23, 2003

To establish a prima facie case of discrimination, Ms. … Sampleton has established a prima facie case of discrimination; specifically, it is not entirely clear that was she qualified for the Consumer Research Analyst position at the EAS-25 level.

Paquin v. Federal National Mortgage Ass'n

935 F. Supp. 26 · District Court, District of Columbia · Jul 31, 1996

Plaintiff chose not to question or challenge the evaluations, continuing without regard to Fannie Mae’s clearly delineated criticism of his work. … Plaintiff alternatively attempts to establish pretext based on his replacement by Elizabeth Snyder, a younger, allegedly less qualified individual.

Aliotta v. Bair

576 F. Supp. 2d 113 · District Court, District of Columbia · Sep 18, 2008

The plaintiff creates such an inference if he shows (1) he belongs to the statutorily protected age group; (2) he was qualified for his position and was performing his job well enough to meet his employer’s legitimate expectations … Clearly, the two groups are not so similarly situated as to support the proposition that the FDIC conducted the voluntary buyout, transfers and RIF as an elaborate ruse to flush the agency of senior staff. See James v.

Hill v. Xtreme Solutions Inc.

District Court, District of Columbia · Sep 6, 2024

The Court thus concludes that the facts alleged in Hill’s filings do not establish that she was a qualified individual under the ADA. … In sum, Hill fails to state a claim under the ADA because the alleged facts indicate that she sought FMLA leave rather than an accommodation and do not establish that she was a qualified individual.

Galvin v. Harker

District Court, District of Columbia · Feb 7, 2023

Given the statutory scheme established by Congress for these types of decisions, defendants argue, the explanation given by the SSB—the statutorily mandated 6 The APA authorizes courts to set aside … Further, the “discussions or deliberations” including “any written or documentary record” of them “(1) are immune from legal process; (2) may not be admitted as evidence; and (3) may not be used for any purpose in any action

Wen Ho Lee v. Department of Justice

401 F. Supp. 2d 123 · District Court, District of Columbia · Nov 16, 2005

Lee had clearly met both Zerilli requirements to overcome the journalists’ qualified privilege, and that at this stage in the litigation “only [the journalists] can testify as to whether defendants were the sources for the … Id. at 1042 ("Plaintiff issued press releases, held press conferences, and established a website discussing the information of which he now complains.”).

Appleton v. United States

69 F. Supp. 2d 83 · District Court, District of Columbia · Aug 31, 1999

See Krc, 989 F.2d 1211 (following Art Metal and holding that a claim for damages against the United States for interference with prospective employment opportunities “would clearly be barred by sovereign immunity” under the … Appleton under D.C. sovereign immunity laws is inapposite. In short, the government’s resort to D.C. sovereign immunity case law does not alter the court’s conclusion that Mr.

Rojem v. United States Department of Justice

775 F. Supp. 6 · District Court, District of Columbia · Oct 1, 1991

Department of State, 801 F.2d 1386, 1388 (D.C.Cir.1986) (information gathered to aid law enforcement by foreign nations qualifies under Exemption 7); Shaw v. … The Attorney General has established regulations pursuant to this section of the Privacy Act, and has thereby exempted the materials on the FBI’s central records system from disclosure, provided that the records were compiled