Case law

Judicial Watch, Inc. v. U.S. Department of State

District Court, District of Columbia · Mar 29, 2018

entities defined as agencies under FOIA to qualify as “inter-agency.” … FOIA exempts “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6).

CEI Washington Bureau Inc. v. United States of America Department of Justice

404 F. Supp. 2d 172 · District Court, District of Columbia · Sep 28, 2005

It is B JA’s burden to establish that any exemption from disclosure applies. 5 U.S.C. § 552 (a)(4)(B). … And, BJA has equivocally established that they are through Ms. Lee’s declaration. Lee Deck ¶ 25-26.

Sterling Commercial Credit-Michigan, LLC v. Phoenix Industries I, LLC

762 F. Supp. 2d 8 · District Court, District of Columbia · Jan 28, 2011

First, economic harm may qualify as irreparable where a plaintiff establishes that the harm “is so severe as to cause extreme hardship to the business or threaten its very existence.” … Plaintiffs argument on this point is essentially that defendants have clearly breached their contractual obligations, whereas plaintiff has honored all of its obligations. See id.

Hayes v. Sebelius

762 F. Supp. 2d 90 · District Court, District of Columbia · Feb 2, 2011

Hayes does not dispute that Anthony was actually more qualified than he was for the position. … The problem is that there is admissible evidence that Coy considered Anthony more qualified.

Ragsdale v. Holder

668 F. Supp. 2d 7 · District Court, District of Columbia · Nov 2, 2009

Clearly, then, as it pertains to her hostile work environment claim, the plaintiff has exhausted her administrative remedies and may rely on the events of pay period 15 to support her position. … This the plain tiff has clearly failed to do with respect to Ms. Calatayud for several reasons. As the defendant correctly points out, Ms. Huger and Ms. Haase were not Ms.

Wultz v. Islamic Republic of Iran

District Court, District of Columbia · Oct 20, 2010

Although neither plaintiffs nor BOC have raised the issue of sovereign immunity, BOC has previously been presumed immune when “the Bank was wholly owned and operated by the People’s Republic of China.” … Instrumentalities of Foreign States Are Presumptively Immune.

Cheeks v. Fort Myer Construction Co.

722 F. Supp. 2d 93 · District Court, District of Columbia · Jun 25, 2010

Cheeks alleges that these defendants interfered with the contractual relationship established with WASA when Cheeks submitted low bids. See id. ¶¶ 178-81 . … Generally, economic damages to the shareholder that result from losses to the corporation do not qualify as direct or independent harm giving rise to shareholder standing. Harpole Architects, 668 F.Supp.2d at 77 .

Hartke v. McKelway

526 F. Supp. 97 · District Court, District of Columbia · Oct 8, 1981

Goswami was not a qualified expert on the standard of care for laproscopic cauterization procedures. … While expert testimony is required to establish what the risks are — id.—Dr. McKelway himself provided that information. The Court is satisfied that Dr.

National Alliance of Postal & Federal Employees v. Nickerson

424 F. Supp. 323 · District Court, District of Columbia · Nov 22, 1976

Postal Service Federal Credit Union, Charter Number 16402, which serves all postal employees not having credit union service available on a local basis. 3 The Administrator concluded that National Alliance did not qualify … Moreover, the current Organization Manual clearly envisions a broad variety of associational activities that can provide the commingling of members, thereby strengthening the bond among them.

Zernik v. U.S. Department of Justice

630 F. Supp. 2d 24 · District Court, District of Columbia · Jun 29, 2009

A court may issue a writ of mandamus only if “the duty to be performed is ministerial and the obligation to act peremptory and clearly defined. … And finally, it is well established that this Court cannot order the Executive Branch to exercise its prosecutorial discretion to perform an investigation. Heckler v.

Morris v. Carter Global Lee, Inc.

997 F. Supp. 2d 27 · District Court, District of Columbia · Nov 5, 2013

Next, Plaintiff clearly has no possible claim under 42 U.S.C. § 1984 as this provision has been omitted from the U.S. Code. … “The mere fact that a plaintiff is representing [him]self ‘does not render [him] immune from the ninety-day requirement.’” Horsey v. Harris, No. 12-1457, 2013 WL 3649790, at *5 (D.D.C.

Friends of the Earth, Inc. v. Weinberger

562 F. Supp. 265 · District Court, District of Columbia · Apr 12, 1983

Reading the amendment in that fashion and noting the widely accepted policy favoring broad enforcement of NEPA’s provisions, the plaintiffs argue that the amendment should not be interpreted as an immunization or erasure … The Jackson Amendment’s three critical provisions operate to (1) reject the President’s November 1982 CSB proposal, 10 (2) establish the process and deadlines governing formulation of a new proposal, and (3) establish guidelines

Lilley v. Stout

384 F. Supp. 2d 83 · District Court, District of Columbia · Jul 19, 2005

Absent this waiver, a court must consider whether the artistic work qualifies as a “work of visual art.” … Thus, VARA established a new and distinct genus of art: “work[s] of visual art,” which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.

Ware v. Barnhart

357 F. Supp. 2d 134 · District Court, District of Columbia · Jul 26, 2004

The Administrative Procedure Act and the Social Security Act establish a standard for the information that must be included in the SSA’s administrative findings: a case statement, a discussion of the evidence, and a statement … To qualify, a child must face an "extreme" limitation in one of the six areas or "marked” limitation in two areas. Id. § 416.926a(a).

United States v. All Assets Held at Bank Julius Baer & Co.

142 F. Supp. 3d 37 · District Court, District of Columbia · Nov 3, 2015

Moreover, the government argues that even if Claimant enjoyed a qualified privilege to withhold his tax returns, the government has met its burden to overcome that privilege – namely, by establishing that the records are … The undersigned therefore found that “[t]he government is clearly entitled to discover” the information it sought.

Riss & Company v. Association of American Railroads

187 F. Supp. 306 · District Court, District of Columbia · Jun 6, 1960

Defendants contended that these rate reductions were immunized from the operation of the antitrust laws by virtue of 49 U.S.C.A. § 5b(9). The Court denied this motion. … will not be admitted to establish the particular defendant’s participation in the alleged conspiracy (United States v.

Moran Maritime Associates v. United States Coast Guard

526 F. Supp. 335 · District Court, District of Columbia · Jul 15, 1981

The statement is an accurate description of the effect of these regulations as long as one adds the qualifying phrase, “for vessels of not more than 1,000 gross tons.” … All of these decisions, however, are distinguishable from the present case because, in each, the agency involved sought to ignore or to change a clearly established precedent without articulating any reasons for the proposed

Weinberg v. Barry

634 F. Supp. 86 · District Court, District of Columbia · Mar 14, 1986

In 1968, the District of Columbia became the third “sponsor” of the Joint Committee, in order for the District to “qualify for participation in the federal historic preservation program instituted under the National Historic … Intervenor at that time expressed its concern that plaintiffs intended to press the argument that a failure by the Joint Committee to reach a designation decision within the 90-day period renders the property immune, in perpetuity

United States v. McMillan

114 F. Supp. 638 · District Court, District of Columbia · May 13, 1953

Unlawful interest. — It is also further agreed that no Member of, or Delegate to, Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified, and during his continuance … It would seem in the natural course of events that this would have been the end of the matter inasmuch as the Interior Department had established for the purposes of the case its contention that the defendant was an ineligible

Robertson v. Cartinhour

883 F. Supp. 2d 121 · District Court, District of Columbia · Aug 10, 2012

Sanctions for this behavior are clearly appropriate.”); see also The Jolly Group, Ltd. v. … However, that case is neither binding nor persuasive since the Fifth Circuit case on which it relied was subsequently qualified by CJC Holdings, Inc. v.