Case law

Faulk v. Medeiros

321 F. Supp. 3d 189 · District Court, District of Columbia · Jul 27, 2018

This is not enough to qualify for extraordinary relief...."). … that this holding is contrary to or an unreasonable application of clearly established federal law, or based on an unreasonable determination of the facts.

Lenkiewicz v. Donovan

118 F. Supp. 3d 255 · District Court, District of Columbia · Jul 31, 2015

Further, “notice may be adequate where a claim is brought to agency’s attention ‘during the course of the administrative proceeding’ and ‘before it issued its final decision’ even if the argument or claim is not clearly set … As Lenkiewicz correctly points out, there is no precedent establishing such a restriction on the kind of evidence that can be presented to demonstrate her disability.

Teva Pharmaceuticals USA, Inc. v. United States Food and Drug Administration

District Court, District of Columbia · Dec 31, 2020

That interest is clearly and directly related to the BPCIA’s purpose of regulating all complex therapeutic products that qualify as biologics under the PHSA rather than the FDCA. … The administrative record clearly shows otherwise, however.

Zaidi v. United States Sentencing, Commission

115 F. Supp. 3d 80 · District Court, District of Columbia · Jul 22, 2015

The APA, after all, “waives sovereign immunity to the extent that declaratory judgment or other equitable relief may be available.” Ballard v. Holinka, 601 F. Supp. 2d 110, 121 (D.D.C. 2009). … Whether the facts of each lawsuit are similar enough to qualify as “the same cause of action turns on whether they share the same nucleus of facts.” Drake v. Fed. Aviation Admin., 291 F.3d 59, 66 (D.C.

Black v. U.S. Department of Justice

69 F. Supp. 3d 26 · District Court, District of Columbia · Sep 23, 2014

“Under our public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record.” Cottone v. … Plaintiff appears to attempt to circumvent this well-established case law by arguing that the public has an interest in the alleged Brady violation in his case because it will establish that the Michigan USAO continued

City of New York v. Clinton

985 F. Supp. 168 · District Court, District of Columbia · Feb 12, 1998

It established that New York State expenditures derived from certain health care provider taxes qualified for FFP under the Medicaid program. Id. at ¶ 9 . … Clearly, this is an indication that the canceled law no longer exists.

Bell v. Gonzales

398 F. Supp. 2d 78 · District Court, District of Columbia · Mar 25, 2005

Congress clearly intended the existence of a disability to be determined by defining disability “with respect to an individual.” Id. The requisite degree of the limitation is high. … found inadequate to establish a hostile working environment.

Competitive Enterprise Institute v. United States Environmental Protection Agency

232 F. Supp. 3d 172 · District Court, District of Columbia · Feb 8, 2017

EPA clearly received the Institute’s appeal on January 8 and thus failed to respond on a timely basis. … Most of the listed records qualified for multiple privileges under Exemption 5.

Jones and Associates, Inc. v. District of Columbia

District Court, District of Columbia · Jul 18, 2011

And it is well-established that when the government "makes ordinary judicial process available to [an entity] for resolving its contractual dispute, that process is due process." Lujan v. … Ervin, decided before the Supreme Court clearly held that due process only requires that a state "make[] ordinary judicial process available to [an entity] for resolving . . . contractual dispute[s]," G & G Fire Sprinklers

Wheaton College v. Sebelius

887 F. Supp. 2d 102 · District Court, District of Columbia · Aug 24, 2012

It is undisputed, given the August 2012 Guidance, that Wheaton qualifies for the temporary enforcement safe harbor. (Def. … After deciding 15 The ANPRM is “‘clearly not some non-substantive, thinly veiled attempt [by defendants] to evade review.’”

Project on Military Procurement v. Department of the Navy

710 F. Supp. 362 · District Court, District of Columbia · Apr 10, 1989

Clearly, a review by plaintiff has the potential to contribute to public understanding, b. … The DoD directives clearly state that “[w]hen the element of doubt as to whether to charge or waive the fee cannot be clearly resolved, [the Department] should rule in favor of the requester.”

Tyler v. District of Columbia Housing Authority

273 F. Supp. 3d 274 · District Court, District of Columbia · Aug 14, 2017

“To establish a disparate-treatment claim under the plain language of the ADEA, therefore, a plaintiff must prove that age was the ‘but-for’ cause of the employer’s adverse decision.” Gross v. FBL Fin. … Tyler’s assertion that his job “application clearly showed the information for the high school/GED and college,” Pl.’s Opp’n at 1, is unavailing.

Brookens v. Solis

616 F. Supp. 2d 81 · District Court, District of Columbia · May 21, 2009

Plaintiff, believing that he was qualified, initiated a formal complaint, but the vacancy announcement was cancelled in May 2007. (Id. ¶¶ 33-34.) … Plaintiff has made no effort to dispute these assertions, even though they involve matters clearly within his knowledge.

District of Columbia v. Nahass

District Court, District of Columbia · Mar 30, 2010

Furthermore, where a defendant is seeking to establish “prevailing party” status, that party need not establish a court-ordered change in the legal relationship of the parties. Id. … The District, having satisfied all three prongs of the Thomas test, therefore qualifies as a “prevailing party” under the Act.

White v. United States

District Court, District of Columbia · Oct 22, 2018

White argues further that Congress has already spoken to this question and clearly provided the criteria for TGSLI benefits to him, which the Procedures Guide undermines. … ABCMR addressed all the evidence before it and clearly and logically provided its reasoning for finding some pieces of evidence more persuasive than others.

Johnson v. Perez

66 F. Supp. 3d 30 · District Court, District of Columbia · Sep 2, 2014

This one instance, however, clearly falls short of substantiating Johnson’s hostile work environment claim for several reasons. … Plaintiff’s evidence clearly establishes that there was a breakdown in the relationship between these individuals, but it does not raise a reasonable inference that race discrimination played a part in the outcome.

Gellert v. District of Columbia Public Schools

435 F. Supp. 2d 18 · District Court, District of Columbia · May 18, 2006

Background 1 Jesse Gellert is a fifteen year-old 2 resident of the District of Columbia who qualifies for free appropriate public education (“FAPE”) under the IDEA. … DCPS Failed to Establish at the Due Process Hearing that Jesse’s IEP and Placement at Wilson Were Adequate DCPS had the burden at the due process hearing to establish that Jesse’s *23 IEP and placement at Wilson were adequate

Physicians Committee for Responsible Medicine v. National Institutes of Health

326 F. Supp. 2d 19 · District Court, District of Columbia · Jun 29, 2004

Podell’s research design as detailed in his grant application clearly substantiates that it is the end product of both innovation and substantial effort.” Id. at 11. Moreover, the defendant points out that “[Dr. … In the defendant’s supplemental filing, the defendant offers *22 an additional argument, stating that “all of the information which qualifies as confidential information under Exemption 4 also qualifies as trade secret under

Trout v. Garrett

780 F. Supp. 1396 · District Court, District of Columbia · Nov 27, 1991

That flat assertion is not enough to overcome either the doctrine of the law of the case nor does it establish that the Special Master’s factual determination was clearly erroneous. … . § 2412 waives government sovereign immunity as to Rule 11 sanctions); United States v.

Beynum v. Barnhart

435 F. Supp. 2d 142 · District Court, District of Columbia · Jun 13, 2006

Pursuant to Ruling 82-62, Judge Bond clearly contemplated the plaintiffs past occupation as a temporary file clerk for the D.C. Department of Tax and Revenue. … The ALJ consulted a vocational expert who established that the plaintiff is capable of finding “light work” in the national economy.