Case law

Sledge v. United States Bureau of Prisons

883 F. Supp. 2d 71 · District Court, District of Columbia · Jul 13, 2012

The plaintiff has the burden of establishing jurisdiction. See, e.g., Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). … Under Gaubert, many of these cases reason that because 18 U.S.C. § 4042(a) “is an established governmental policy . . .

Wilson v. Nielsen

District Court, District of Columbia · Feb 7, 2020

Wilson can establish that she was qualified for the position—a point the government agrees with, see, e.g., Def.’s SoF ¶ 4 (“[Wilson] was one of the 38 who were deemed qualified for the [GS-15 position].”). … Whether or not Taylor would have been the Court’s (or the jury’s) top choice, based on the summary judgment record, Wilson cannot establish that she was significantly better qualified for the job than Taylor.

Bowman v. District of Columbia

496 F. Supp. 2d 160 · District Court, District of Columbia · Aug 1, 2007

Accordingly, the court determines that these education advocates appointed as “Guardian[s], Limited for Educational Purposes” qualify as “parents” under the IDEA. 4. … See S.N., 448 F.3d at 605 (denying a pro se attorney-parent attorneys’ fees and noting that “S.N.’s father clearly fits within the definition” of “parent” under the IDEA).

Davila v. Weinberger

600 F. Supp. 599 · District Court, District of Columbia · Jan 3, 1985

Here, in seeking to establish venue in this Court under the Tucker Act, plaintiffs cannot justify their request on the same concerns perceived as legitimate by Congress. … The Tucker Act expanded on the earlier statutes by waiving sovereign immunity as to claims founded upon the Constitution, acts of Congress, executive department regulations, as well as claims for liquidated and unliquidated

United States v. National Association of Broadcasters

536 F. Supp. 149 · District Court, District of Columbia · Mar 3, 1982

None of the governmental actions cited is sufficient to confer upon the NAB and its Code an immunity from the antitrust laws. … ; 81 and defendant has acknowledged that it is not relying on the immunity principle. 82 Second.

Freedom Path, Inc v. Internal Revenue Service

District Court, District of Columbia · Sep 30, 2025

There, the Supreme Court pointed to the “onerous” administrative and regulatory “burdens[]” imposed by section 527 regulations, which collectively meant that “a corporation may not be able to establish a PAC in time to make … if it was construed to mean “expenditures for communications that in express terms advocate the election or defeat of a clearly identified candidate for federal office.”

Voinche v. Bush

District Court, District of Columbia · Sep 29, 2010

immunity from constitutional and statutory claims.” … Accordingly, the Court agrees with defendants that “[p]laintiff’s Bivens claims against Defendants must be dismissed because Plaintiff has failed to state a claim for any violation of clearly established law, and Federal

Wright v. Eugene & Agnes E. Meyer Foundation

District Court, District of Columbia · Dec 29, 2021

The Court need not resolve Defendants’ other argument because the Complaint so clearly fails to state a claim of racial animus. Nevertheless, Plaintiff’s reliance on Dickerson v. … Cir. 2006) (D.C. law makes it “quite difficult for a plaintiff to overcome a qualified privilege.” (citation omitted)).

McMullen v. Warner

416 F. Supp. 1163 · District Court, District of Columbia · Jul 26, 1976

As to the position as originally defined, McMullen was the only one in the Observatory rated as qualified to fill it. … The Court therefore holds that since the plaintiff has established a direct causal link between the two illegally discriminatory actions and his injuries, he is entitled to back-pay and retroactive seniority for his not being

District of Columbia v. U.S. Department of Agriculture

District Court, District of Columbia · Mar 13, 2020

“The Department’s position,” USDA stated, “is based on its operational experience, during which it has recognized that, without” such changes “areas that do not clearly lack sufficient jobs will continue to qualify for … Reg. at 66787, it insisted, “based on its operational experience,” that “areas that do not clearly lack sufficient jobs will continue to qualify for waivers” without the Rule’s limitations. Id.

Sledge v. District of Columbia

63 F. Supp. 3d 1 · District Court, District of Columbia · Aug 6, 2014

Unfortunately for Sledge, the record evidence establishes clearly that the vast majority of his complaints about Groomes were allegations that Groomes singled him out as a result of his hypertension, high blood pressure … If a reassignment results in “significantly diminished responsibilities[,]” it qualifies as an adverse action for retaliation purposes, Zelaya, 733 F.

City of New York v. Federal Deposit Insurance Corporation, as Receiver for Silicon Valley Bank

District Court, District of Columbia · Mar 27, 2026

The exception finds its roots in the canon “that the Government is not bound by its own legislative restrictions” unless the legislature’s intent to do so is clearly expressed. … Applying these principles, “[c]ourts differ on whether the FDIC qualifies for the exception” in its capacity as a receiver. Bank of New England Old Colony, N.A. v.

Abeywardene v. Dejoy

District Court, District of Columbia · May 13, 2025

And the United States has not explicitly waived its sovereign immunity in the D.C. Superior Court. See United States v. … Meyer, 510 U.S. 471, 475 (1994) (“Sovereign immunity is jurisdictional in nature.”).

Starr International Co. v. United States

275 F. Supp. 3d 228 · District Court, District of Columbia · Aug 14, 2017

Second, clearly any bilateral tax treaty is intended to benefit the legitimate residents of the two signatory nations. … The Competent Authority clearly applied this standard. A.R. 274. B.

Fort Sill Apache Tribe v. National Indian Gaming Commission

District Court, District of Columbia · May 25, 2018

The 2008 Opinion further stated that the Tribe had an inadequate presence in New Mexico to qualify for an exception.1 The Tribe challenged the 2008 Opinion before the Oklahoma district court presiding over the Comanche … The APA further grants a waiver of sovereign immunity.

Mines v. Metagenics, Inc.

District Court, District of Columbia · Oct 13, 2023

Certain claims for breach qualify as torts nonetheless. … The Court is thus satisfied that the addition of Count V is not clearly futile.

Butler v. Ashcroft

293 F. Supp. 2d 74 · District Court, District of Columbia · Sep 26, 2003

Butler is unable to establish a prima facie case for either claim; and (3) even if a prima facie case be established, Ms. Butler cannot prove that Defendants’ employment decision was based on pretext. III. … Butler is clearly a member of two protected classes. Defs.’ Mot. for Sum. J. at 11. Defendants admit that Plaintiff “was qualified for both positions in question.” Id.

Gould v. O'Leary

291 F. Supp. 3d 155 · District Court, District of Columbia · Dec 5, 2017

An otherwise-qualified applicant who fails to show "good reason to fear injury" will receive a restricted license. … Occupations that typically qualify for unrestricted LTCs include law enforcement officer, medical doctor, and lawyer. ( Id. ¶ 3).

Estate of Yonadav Hirshfeld v. Islamic Republic of Iran

District Court, District of Columbia · Aug 30, 2018

The question of Defendants’ immunity is more complicated. … Some of these elements are clearly satisfied and require little discussion.

Leeman v. Public Utilities Commission of D. of C.

104 F. Supp. 553 · District Court, District of Columbia · May 1, 1952

The Court concluded that the method adopted by the Commission was immune to constitutional attack. … If an occasional ellipsis should be found in the findings, the reasoning followed by the Commission is, nevertheless, clearly disclosed and the omissions, if any, are readily supplied.