Case law

Tull v. OFFICE OF ARCHITECT OF THE CAPITOL

806 F. Supp. 2d 80 · District Court, District of Columbia · Aug 23, 2011

There are two instances, however, where it is clearly not appropriate to award money damages in a Bivens claim. Bivens, 403 U.S. at 396 , 91 S.Ct. 1999 . … immunity argument.

Buzzfeed, Inc. v. Federal Bureau of Investigation

District Court, District of Columbia · May 7, 2020

Landano, 508 U.S. 165, 171 (1993) (noting that “[t]he Government bears the burden of establishing that the exemption applies”). … Opp’n at 3–5; (2) the FBI has not established that portions of the file were ever received by the White House Counsel’s Office, those portions do not qualify for the privilege, Pls.’

Hsieh v. Consolidated Engineering Services, Inc.

569 F. Supp. 2d 159 · District Court, District of Columbia · Aug 7, 2008

As the United States has not waived sovereign immunity over those claims, the Court lacks jurisdiction to hear them. B. … Area Transit Auth., 112 F.3d 1207, 1216 (D.C.Cir.1997) (“sovereign immunity claims are jurisdictional and thus cannot be waived”).

Iwuchukwu v. Archdiocese for the Military Services

District Court, District of Columbia · Feb 11, 2022

As its text clearly states, the Fourteenth Amendment protects individuals only from the conduct of state actors. See U.S. Const., amend. … XIV (“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of

Wang v. Pompeo

District Court, District of Columbia · Dec 6, 2018

If, however, the number of qualified applicants in a visa category is greater than the amount of visa numbers available for allotment for the month, State considers the category to be “oversubscribed,” and establishes and … If Congress had intended to repudiate State’s interpretation of the statute—with substantial immigration consequences—it would have done so clearly.

Miller v. Hersman

759 F. Supp. 2d 1 · District Court, District of Columbia · Jan 4, 2010

Whether Miller Is a Qualified Employee Presents a Genuine Issue of Material Fact in Dispute Next, Defendant argues that Miller is not a “qualified” employee under the Rehabilitation Act. … Clearly, the range of these responsibilities indicates that Miller should operate with substantial autonomy and independence. 8 .

Ardelyx, Inc. v. Becerra

District Court, District of Columbia · Nov 8, 2024

CMS first delayed the adoption of this definition until 2014 in order to “provide sufficient time for ESRD facilities to establish a pharmacy” or “establish arrangements with pharmacies to provide oral-only drugs to their … in the regulation clearly limits its reach to oral-only drugs that were paid separately prior to 2011.

Ferebee v. Chevron Chemical Co.

552 F. Supp. 1293 · District Court, District of Columbia · Dec 20, 1982

Ferebee’s case was in fact unique rather than one of a few with this specific exposure, symptoms, and course was clearly a question for the jury to decide. It is clear, however, that cases exactly like Mr. … Crystal and Yusuf were both experts eminently qualified in pulmonary medicine. They were both among Mr.

United States of America v. Google LLC

District Court, District of Columbia · Sep 2, 2025

Such “favoritism” was clearly antithetical to both the purpose of the antitrust laws and binding precedent. … And that objective is clearly authorized under Massachusetts.

Johnson v. Prospect Waterproofing Company

813 F. Supp. 2d 4 · District Court, District of Columbia · Sep 21, 2011

. § 3141, et seq., which does not give rise to a private right of action but instead establishes an administrative process for the recovery of unpaid wages. … The Court therefore concludes that plaintiffs’ claims “are clearly an impermissible end run around” the Davis-Bacon Act. Grochowski, 318 F.3d at 86.

Harper v. Bessent

District Court, District of Columbia · Jul 22, 2025

Swan, 100 F.3d at 982. 2 The other way “Congress may clearly indicate its intent to restrict removals” is “through the statutory structure and function of an office.” Severino, 71 F.4th at 1044. … In short, the Conference has “no adjudicatory or legislative features that would clearly signal a need for some measure of independence from Presidential control.” Id. at 1049.

Mischler v. Novagraaf Group Bv

District Court, District of Columbia · Nov 19, 2019

Moreover, “the work product privilege is a qualified privilege which may be overridden by a showing of substantial need by the requesting party.” United States v. Am. Tel. & Tel. Co., 642 F.2d 1285, 1302 (D.C. … Plaintiff has not established substantial need under that test.

Hinton v. Corrections Corp. of America

623 F. Supp. 2d 61 · District Court, District of Columbia · Jun 9, 2009

had to qualify as an emergency to be processed as such. … The plaintiff does not dispute that he received an Inmate Handbook containing a summary of the grievance process, and the record shows clearly that he had access to the Inmate Handbook and was familiar with parts of it.

Liberty Lobby, Inc. v. Rees

667 F. Supp. 1 · District Court, District of Columbia · Oct 3, 1986

Thus where the factual dispute concerns actual malice, clearly a material issue in a New York Times case, the appropriate summary judgment question will be whether the evidence in the record could support a reasonable jury … A January 10, 1980 position paper issued by Liberty Lobby stated that the USLP should “qualify” for a “political alliance.” (Defendant’s Exhibit 16) 6.

Tull v. Office of the Architect of the Capitol

806 F. Supp. 2d 80 · District Court, District of Columbia · Aug 24, 2011

There are two instances, however, where it is clearly not appropriate to award money damages in a Bivens claim. Bivens, 403 U.S. at 396. … immunity argument.

Pollard v. Quest Diagnostics

610 F. Supp. 2d 1 · District Court, District of Columbia · Feb 17, 2009

Accordingly, the Court cannot agree with Quest that Pollard has not established a materially adverse action. … To the contrary, as stated above, Quest has clearly explained that the Project Manager’s job was to "coordinate and maintain a new upgrade " to the LIS system. See Def.'s Stmt. ¶ 16 (emphasis added).

Jigsaw Productions LLC v. U.S. Securities and Exchange Commission

District Court, District of Columbia · Mar 23, 2026

. § 552(b)(7)(C), Exemption 6 only applies to the personal information of a particular individual “the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” … But to establish foreseeable harm to Musk’s privacy interests, the SEC cannot rely on “generalized assertions” or “abstract fears.” Reps.

Royall v. Eckerd Youth Alternatives, Inc.

District Court, District of Columbia · Oct 23, 2025

Circuit has held that “an employment discrimination plaintiff is not required to plead every fact necessary to establish a prima facie case to survive a motion to dismiss.” Jones v. … Royall asserts that “this clearly shows that Mr. Carl Hillard may have a bias against woman [sic] and HBCU” and that Hillard would not have liked that Royall also graduated from an HBCU. Id.

American Center for International Labor Solidarity v. Chavez-Deremer

District Court, District of Columbia · Jun 30, 2025

Subject-Matter Jurisdiction “The United States and its agencies are generally immune from suit in federal court absent a clear and unequivocal waiver of sovereign immunity.” Crowley Gov’t Servs., Inc. v. … Turning to defendants’ motion reveals that defendants have also failed clearly to establish as true, through admissible evidence in the record, their version of the facts.

Zhang v. United States Citizenship and Immigration Services

District Court, District of Columbia · Feb 17, 2023

Rather, the Haselwander court clearly explained that it had considered “[t]he record in th[e] case” and held the “record . . . adequate to show that Haselwander’s net worth is less than $2 million.” … At the same time, Defendants’ evidence does not establish that Mr. Hagiwara’s net worth exceeded $2,000,000.