Case law

Morton v. United States Parole Commission

District Court, District of Columbia · Jul 6, 2018

Commission observes that the Notice of Action from Morton’s April 7, 2016 hearing begins by stating that the 1987 Guidelines were being applied, before proceeding to evaluate his suitability for parole under the framework established … Under the guidelines Morton contends should have been applied,5 set-offs beyond twelve months can clearly be ordered. See Shakir v. Fulwood, 108 F.

Klayman v. Judicial Watch, Inc.

District Court, District of Columbia · Mar 7, 2018

The portion of the contract signed in December 1996 is clearly legible; the last page of the MOU signed in November 1996 is not. However, that last page appears to be a signed version of the penultimate page of the MOU. … Establishing that this record meets the requirements for the hearsay exception would give more than adequate proof of its authenticity. 2 Foundation would include testimony that Mr.

Verplanck v. England

257 F. Supp. 2d 182 · District Court, District of Columbia · Apr 9, 2003

The DAJAG stated that because the plaintiff had not contested the debt at the time of separation, an investigation was not mandated, but since the plaintiff was now clearly disputing the debt, an investigation should be conducted … and set aside agency action, findings, and conclusions found to be- (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Vanderkam v. Pension Benefit Guaranty Corporation

943 F. Supp. 2d 130 · District Court, District of Columbia · May 7, 2013

Here, since ERISA section 206(d)(3)(i) does not clearly define the phrase “any type or form of benefit, or any option, not otherwise provided under the plan”—and since neither side suggests that this language is clear and … The Supreme Court has “observed repeatedly that this broadly worded provision is clearly expansive.” Egelhoff v. Egelhoff, 532 U.S. 141, 146 (2001) (internal citations and quotation marks omitted); see also Moralez v.

Wesberry v. United States

District Court, District of Columbia · Mar 28, 2018

“If sovereign immunity has not been waived, a claim is subject to dismissal under Rule 12(b)(1) for lack of subject matter jurisdiction.” Clayton v. … It is the plaintiff’s burden to establish that the court has subject-matter jurisdiction. Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992).

Kline v. Cobert

District Court, District of Columbia · May 23, 2020

Kline was more qualified than Mr. Hickman, all that matters is that her employer believed Mr. Hickman was more qualified. Ms. … whether the complained-of action constitutes an adverse action or when there is clearly no adverse action at all.

McGregor Printing Corp. v. Kemp

802 F. Supp. 519 · District Court, District of Columbia · Sep 30, 1992

The regulation clearly requires 75% blind labor for the production of all commodities produced, not per product. … Plaintiff argues that the provision in the JWOD Act, which authorizes the Committee to establish a procurement list of “commodities produced by” qualified nonprofit agencies, means that the workshops must already be producing

Von Drasek v. Burwell

121 F. Supp. 3d 143 · District Court, District of Columbia · Aug 17, 2015

Instead, the record evidence clearly establishes that Von Drasek’s supervisor had formed a deeply-held conviction about Von Drasek’s inability to do her job—and had 28 made … Statements made in other emails in which FDA employees discuss Von Drasek’s fate likewise lack the necessary discriminatory animus. 11 Moreover, although the record clearly establishes that Dietzel personally disliked

Miner v. District of Columbia

87 F. Supp. 3d 260 · District Court, District of Columbia · Apr 9, 2015

Instead, to succeed on a Section 1983 claim against a municipality, the plaintiff must show both a predicate violation of some right, privilege, or immunity secured by the Constitution or laws of the United States, see … In any event, based upon the Court’s review of the entire record, a genuine 15 dispute of material fact clearly exists as to whether the defendant officers had probable

Lindsay v. Wilkie

District Court, District of Columbia · Dec 1, 2020

Three months later, on October 31, 2018, Plaintiff took annual leave for one week to qualify for his service weapon license. (Id. ¶ 8.) … immunity.

Johnson v. Magnolia Companies

District Court, District of Columbia · Nov 16, 2021

The allegations in the Amended Complaint fall short of establishing plaintiff’s wrongful termination claim both as to plaintiff’s reliance on constitutional law and on statutes. … “Courts in this Circuit, interpreting the DCCA’s decision in Carl, have required not only that a plaintiff clearly 7  Accordingly, plaintiff’s wrongful

Cullman Regional Medical Center v. Shalala

945 F. Supp. 287 · District Court, District of Columbia · Nov 8, 1996

A hospital will qualify for reclassification if it can establish that its labor costs- are sufficiently' similar to those of urban hospitals in nearby Metropolitan Statistical Areas (“MSAs”). 42 U.S.C. § 1395ww(d)(8)(B). … In the case at bar, Cull-man does not seek to be declared reclassified or qualified for reclassification.

Hirshon v. Republic of Bolivia

979 F. Supp. 908 · District Court, District of Columbia · Aug 19, 1997

agreement, and the subsequent return of any remaining supplemental funds to Bolivia, will destroy his ability to obtain satisfaction of any judgment in his favor in his individual suit because the terms of the Foreign Sovereign Immunities … It is well-established that a trial court may retain jurisdiction over the enforcement and administration of a settlement agreement after issuing a final judgment. See Beckett v.

Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. District of Columbia

751 F. Supp. 212 · District Court, District of Columbia · Nov 6, 1990

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. 307 U.S. 496, 515 , 59 S.Ct. 954, 964 , 83 L.Ed. 1423 (1939); see also Cornelius … Plaintiffs have clearly shown the threat of irreparable injury: “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v.

Noisette v. Geithner

211 F. Supp. 3d 73 · District Court, District of Columbia · Sep 30, 2016

Selections are made from the “best qualified” list, which is typically composed of those applicants who have received a “highly qualified” determination. Id. … ,’ ‘substantially more qualified,’ or ‘significantly better qualified’ than the successful candidate.”

Jeannette Rankin Brigade v. Chief of Capitol Police

342 F. Supp. 575 · District Court, District of Columbia · May 9, 1972

To say that the Capitol Grounds may not be wholly immune from demonstrations does not end the inquiry, however. … The Government, arguing that precedents clearly establish the right of a legislature to prevent nearby demonstrations, cites an English statute from the time of George III “forbidding the assembly of ‘any meeting consisting

National Venture Capital Association v. Duke

District Court, District of Columbia · Jul 13, 2018

Far from establishing “fiscal peril,” DHS made no “factual findings supporting the reality of the threat.” Id. at 706. … To establish a “limited availability of qualified attorneys,” Plaintiffs must show that their counsel possess some “specialized skill” that is “necessary” in the litigation and “can be obtained only at rates in excess”

Diamond Game Enterprises, Inc. v. Reno

9 F. Supp. 2d 13 · District Court, District of Columbia · Jun 23, 1998

On March 18, 1997, plaintiffs Kickapoo Tribe and Diamond Enterprises filed an action in this court seeking declaratory judgment establishing the Lucky Tab II gaming device as a permissible aid to a Class II pull-tab game. … In either circumstance, the legislative intent to repeal must be clearly manifested. Id.

Bloch v. Powell

227 F. Supp. 2d 25 · District Court, District of Columbia · Aug 8, 2002

Thus, the FSGB determined that the plaintiff did not qualify to receive an immediate annuity, but that he did qualify to receive a lump-sum refund of his retirement contributions. Id. … The plaintiff argues that courts consistently find property rights when an employer’s pension system clearly gives its employees a vested right in retirement annuities if they qualify for them. Id. (citing Mallette v.

Public Citizen v. United States Department of Health & Human Services

975 F. Supp. 2d 81 · District Court, District of Columbia · Oct 4, 2013

Circuit made this point clearly in United Technologies. … Not all harm to the information provider qualifies as “competitive harm.” As noted, the D.C.