Case law

State of Texas v. Holder

888 F. Supp. 2d 113 · District Court, District of Columbia · Aug 30, 2012

Texas responded clearly and unequivocally: it preferred to go ahead with the July 9 trial date, even without access to the federal databases. Id. at 6-7. … Our rejection of Texas’s unqualified assertion that laws are immune from section 5 so long as they can be tied to “voter choice” should come as little surprise, for another three-judge district court recently rejected a

Cohen v. Board of Trustees of the University of the District of Columbia

District Court, District of Columbia · Apr 24, 2018

In “most cases” the Supreme 8 Qualified immunity protects government officials from civil liability when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person … Because the defendants do not raise a qualified immunity defense, the Court does not address whether they may be entitled to it.

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.

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).

Hudson v. National Academy of Sciences

816 F. Supp. 774 · District Court, District of Columbia · Mar 25, 1993

Each study is assigned to a major unit within the NAS, and is staffed by qualified people within that unit or by qualified people hired from outside the NAS. … whether the plaintiff has established a prima facie case ‘is no longer relevant.' ...

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.

Pettiford v. Secretary of the Navy

774 F. Supp. 2d 173 · District Court, District of Columbia · Mar 31, 2011

In addition to the foregoing standard of best qualified, all Marines recommended for promotion must be fully qualified. … Therefore, the criteria is “fully qualified.” The Marine must be deemed fully qualified in the opinion of the majority of the board members.

ABB Daimler-Benz Transportation (North America), Inc. v. National Railroad Passenger

14 F. Supp. 2d 75 · District Court, District of Columbia · Jun 8, 1998

As such, NJT is immune from Adtranz’ lawsuit. … New Jersey’s immunity statutes manifest a clearly articulated public policy regarding limitations on the liability of New Jersey instrumentalities.

NACM-New Eng., Inc. v. Nat'l Ass'n of Credit Mgmt., Inc.

354 F. Supp. 3d 101 · District Court, District of Columbia · Jan 24, 2019

On October 2, 2018, Schauseil sent BCI an e-mail notifying BCI that it was not qualified to reply to the RFP because it was not in "good standing" as the result of its being non-compliant with the March 14, 2012 Membership … Because I find that NACM has failed to establish that BCI violated the MRP, it is not necessary for me to resolve this issue.

Jorie Wimbish et.al. v. District of Columbia

153 F. Supp. 3d 4 · District Court, District of Columbia · Dec 22, 2015

Here, the March 29, 2015 HOD establishes that Stuart Hall is J.W.’s then-current placement. … Supreme Court precedent clearly establishes that a parent may be entitled to reimbursement for private school placement, even where the school is not on the state’s list of approved schools. Florence Cty. Sch. Dist.

Morales v. Intelsat Global Service Corp.

181 F. Supp. 3d 64 · District Court, District of Columbia · Dec 27, 2012

No. 107], For the convenience of the reader, they are as follows: The Consent Decree incorporates the Intelsat Qualifying Retiree Group Health Plan (“the Plan”). … In its Memorandum Order of August 22, 2012, this Court ruled that the provisions at issue “clearly state that the Plan will reduce the benefits for.

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.

Loving v. Internal Revenue Service

920 F. Supp. 2d 108 · District Court, District of Columbia · Feb 1, 2013

Background In considering the request for a stay, it is important to state clearly what is at issue here and what is not. … The IRS has established 250 testing centers, the program has cost over $50 million to roll out, and nearly 100,000 preparers 3 have registered to take the competency

Minney v. United States Office of Personnel Management

130 F. Supp. 3d 225 · District Court, District of Columbia · Sep 15, 2015

Furthermore, sovereign immunity is not, as OPM contends, a bar to this Court's jurisdiction over the instant action. See Def.'s Mot. at 10-12. … OPM attempts to dimmish this harm by arguing that plaintiff "receives a navy pension” and “qualifies for health coverage from the VA.” See Def's Suppl. Mem. at 13.

Fregeau v. Mossinghoff

602 F. Supp. 484 · District Court, District of Columbia · Sep 10, 1984

“Because the ‘Patent Office [is] an expert body preeminently qualified to determine questions of this kind’ ..., its conclusions are entitled to a strong presumption of validity.” Pro-Col Corp. v. … [is such that it] has been difficult to convincingly establish its efficacy”. Id.

Calhoun v. Prouty

643 F. Supp. 2d 87 · District Court, District of Columbia · Aug 12, 2009

GSA argues the selectees’ “real property experience” made them more qualified than Calhoun. … Even if she had established a prima facie case, GSA would be entitled to summary judgment. 8 .

Benjamin v. Spellings

District Court, District of Columbia · Mar 17, 2010

Benjamin was more qualified for the GS-14 position than the selectee.” Opp. at 22. … plaintiff to be significantly better qualified for the job.”

Peterson v. Islamic Republic of Iran

515 F. Supp. 2d 25 · District Court, District of Columbia · Sep 7, 2007

Plaintiffs have relied upon causes of action founded upon provisions of the Foreign Sovereign Immunities Act (“FSIA”), inter alia, 28 U.S.C. § 1605 (a)(7). … Therefore, the only issue remaining is whether Diomedes qualifies as a United States national.

Iglesias v. Central Intelligence Agency

525 F. Supp. 547 · District Court, District of Columbia · Oct 21, 1981

Second, it must be established that a “clearly unwarranted invasion of privacy” would result if the information were disclosed. See, Board of Trade of the City of Chicago v. … The standard for withholding is less exacting than that which exists under Exemption 6 (the word “clearly” is deleted), and therefore the plaintiffs must establish an even greater public interest in disclosure to obtain the

Alaska Native Ass'n of Oregon v. Morton

417 F. Supp. 459 · District Court, District of Columbia · Dec 23, 1974

“Any other rule would be productive of the greatest inconvenience, and ought not to be adopted, unless the legislative will to that effect is clearly expressed.” County of Cass v. … Todman, 323 F.Supp. 167 (D.St.Croix 1971) (“majority of the qualified voters”). State cases are not as consistent. 54 .