Case law

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  • Belkin v. Islamic Republic of Iran

    District Court, District of Columbia · Sep 30, 2009

    Jurisdiction The Foreign Sovereign Immunities Act (“FSIA”) establishes the general principle that foreign states are immune from suit in United States courts. … The evidence also clearly establishes that the PIJ carried out the sequence of conduct that killed the decedent. See Clawson Report at 5-7. Dr.

    Cited 0 timesPublished
  • United States v. Khatallah

    278 F. Supp. 3d 1 · District Court, District of Columbia · Sep 28, 2017

    Abu Khatallah was arraigned in 2014 and the Government clearly intended to use these records-by January 2017, when it first obtained a certification from Ayad. … The telephone records here were originally “created for the administration of an entity’s affairs and not for the purpose of establishing or proving some fact at trial” and are therefore admissible without violating the Confrontation

    Cited 4 timesPublished
  • Prince George's Hospital Center v. Advantage Healthplan Inc.

    985 F. Supp. 2d 38 · District Court, District of Columbia · Oct 21, 2013

    [t]o qualify for federal assistance[.]” Id. … Therefore, the Court’s prior conclusion that PGHC can proceed in it claim against Advantage as a third-party beneficiary is clearly erroneous and Advantage’s Motion for Reconsideration must be GRANTED.

    Cited 8 timesPublished
  • America First Legal Foundation v. Cardona

    District Court, District of Columbia · Sep 22, 2022

    Here, the Council clearly has a specific purpose. … Plaintiffs argue that the Department clearly intended the Council to offer advice as a group rather than a collection of individuals.

    Cited 0 timesPublished
  • Daniel v. Johns Hopkins University

    118 F. Supp. 3d 312 · District Court, District of Columbia · Jul 31, 2015

    Specifically, plaintiff must show that he “(1) [is a] member [ ] [of] a protected group; (2) [is] qualifi[ed] for the job in question; (3) [was subjected to] an adverse employment action; and (4) [the existence of] circumstances … Peters, 482 F.3d 521, 530 (D.C.Cir.2007) (“If temporal proximity sufficed to rebut a legitimate proffer, then protected activities would effectively grant employees a period of immunity, during which no act, however egregious

    Cited 8 timesPublished
  • Vaughan v. Amtrak

    892 F. Supp. 2d 84 · District Court, District of Columbia · Sep 21, 2012

    Utilizes superior interpersonal skills to communicate clearly and effectively with passengers and crew to insure employee and customer satisfaction in both ideal and off schedule … There is no dispute that plaintiff was qualified for the LSA position.

    Cited 11 timesPublished
  • Horne ex rel. R.P. v. Potomac Preparatory

    209 F. Supp. 3d 146 · District Court, District of Columbia · Jul 20, 2016

    Horne’s decision left Potomac with one choice under the law: “to file a due process hearing request to establish the appropriateness of its evaluation.” AR at 140. … Horne argues that Potomac’s failure to meet its Child Find obligation was clearly raised during the cross examination of Ms. Williams, which explicitly addressed Ms.

    Cited 6 timesPublished
  • Perry-Torres v. U.S. Department of State

    404 F. Supp. 2d 140 · District Court, District of Columbia · Sep 19, 2005

    Indeed, a plaintiff must establish that either: (1) the Vaughn index does not establish that the documents were properly withheld; (2) the agency has improperly claimed an exemption as a matter of law; or (3) the agency has … With respect to the second part of the exemption analysis, “[i]f the factual nature of the documents were so clearly established on the record, then the court would inquire no further and would make the legal ruling as to

    Cited 34 timesPublished
  • Belkin v. Islamic Republic of Iran

    District Court, District of Columbia · Oct 6, 2009

    Jurisdiction The Foreign Sovereign Immunities Act (“FSIA”) establishes the general principle that foreign states are immune from suit in United States courts. … The evidence also clearly establishes that the PIJ carried out the sequence of conduct that killed the decedent. See Clawson Report at 5-7. Dr.

    Cited 0 timesPublished
  • District of Columbia Hospital Ass'n v. District of Columbia

    73 F. Supp. 2d 8 · District Court, District of Columbia · Oct 29, 1999

    Thus, payments for costs associated with Medicaid managed care patients are amounts paid by the state and clearly come within the statutory definition of amounts paid under the state plan to the hospitals. … Hancock’s testimony, the plaintiffs purpose was to establish that there was “no distinction between managed care and non-managed care” for purposes of the DSH calculations. Ms.

    Cited 7 timesPublished
  • Tran Ex Rel. Estate of Le v. Carr

    708 F. Supp. 2d 1 · District Court, District of Columbia · Apr 21, 2010

    Le qualifies as an insured under the Policy. The plaintiff argues that because the Policy lists Ms. … Do therefore qualifies as a named insured. PL’s Mem. at 5; see also Defs.’ Mem., Ex. A at 5.

    Cited 3 timesPublished
  • Lenkiewicz v. Donovan

    146 F. Supp. 3d 46 · District Court, District of Columbia · Nov 30, 2015

    In fact, the relevant regulation highlights “walking” as a basic ability that qualifies under the Act. Adams v. Rice, 531 F.3d 936, 943 (D.C.Cir.2008). … Subsequently, Lenkiewiez more clearly expressed that these breathing problems were exacerbated by “presence to mold” in her office. Id. at 7 (quoting Def.’s Resp. to Pl’s Interrog. No.8).

    Cited 2 timesPublished
  • Battle v. Mineta

    387 F. Supp. 2d 4 · District Court, District of Columbia · Sep 2, 2005

    Rehabilitation Act claim The Rehabilitation Act forbids discrimination against a “qualified handicapped person” 45 C.F.R. § 84.4 (a). … Battle does not clearly state what is missing from the files that might assist him to make his case.

    Cited 6 timesPublished
  • Searcy v. United States

    668 F. Supp. 2d 113 · District Court, District of Columbia · Nov 9, 2009

    Although the Department of the Treasury has established control accounts for trust fund operations, the BOP is responsible for managing the trust fund. … Jan. 8, 2009) (dismissing action for monetary relief from the federal government on the ground that sovereign immunity bars such a claim). 2 .

    Cited 4 timesPublished
  • Slovinec v. American University

    520 F. Supp. 2d 107 · District Court, District of Columbia · Oct 15, 2007

    The dispute generally centers on the second element of the prima facie case: whether Plaintiff was a qualified applicant. … Belson clearly concluded that Plaintiff lacked such a background and therefore did not meet the minimum qualifications for the position. See id.

    Cited 24 timesPublished
  • United States v. Dupree

    District Court, District of Columbia · Mar 13, 2025

    In this way, Section 242’s willfulness mens rea functions similarly to the qualified immunity police officers enjoy against suits under 42 U.S.C. § 1983. See United States v. Sutton, 636 F. … There was clearly no threat at that point. And then he closed the distance, which obviously causes things to escalate. Trial Tr. Vol. IV at 96:11–16.

    Cited 0 timesPublished
  • Ingram Barge Co. v. United States

    691 F. Supp. 474 · District Court, District of Columbia · Jul 28, 1988

    CGB claims to qualify for Bowaters status because it is “primarily” engaged in “manufacturing.” … More than one month before issuing the Certificates to CGB, the Coast Guard clearly expressed an intention to investigate CGB's qualifications for Bowaters status. See Memorandum to File from T.L. Willis, U.S.

    Reversed on other grounds by Ingram Barge Company v. United States of America Consolidated Grain and Barge Company, Ingram Barge Company v. United States of America, 884 F.2d 1400 (1989)Cited 4 timesPublished
  • Washington-Baltimore Newspaper Guild, Local 35 v. Washington Star Co.

    543 F. Supp. 906 · District Court, District of Columbia · Jul 16, 1982

    The Act established, in clear and unmistakable terms, that a pension fund is an independent entity, separate from the employer. … The plaintiffs argue that even if the Star could qualify as a client entitled to assert the attorney-client privilege, the proposed affidavit reveals no communications made by the Star in confidence to DiFilippo.

    Cited 67 timesPublished
  • Fisher v. Yellen

    District Court, District of Columbia · Sep 30, 2025

    Compl. ¶ 493; id. ¶ 12, which suggests he was more qualified for the position. … Here, Fisher clearly engaged in protected activity.

    Cited 0 timesPublished
  • Thorne v. Mattis

    District Court, District of Columbia · Aug 23, 2019

    Cir. 2006) (concluding that “Congress clearly has waived sovereign immunity from [Title VII] claims of retaliation”). … But this appeal predated all the adverse actions clearly alleged in Thorne’s complaint, see Greer v. Paulson, 505 F.3d 1306, 1317–18 (D.C.

    Cited 0 timesPublished

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