Case law

Organogenesis Inc. v. Sebelius

District Court, District of Columbia · May 6, 2014

Circuit has previously interpreted this provision to “clearly preclude judicial review of the Secretary’s adjustments to prospective payment amounts.” Amgen, Inc. v. Smith, 357 F.3d 103, 112 (D.C. Cir. 2004). … not qualify as a SCOD, 42 U.S.C. §1395l(t)(12)(A) precludes this Court’s review.

Family Trust of Massachusetts, Inc. v. United States

892 F. Supp. 2d 149 · District Court, District of Columbia · Sep 24, 2012

Comm’r, 893 F.2d 529, 534 (2d Cir. 1990) (“An organization will not qualify for tax-exempt status if even a small part of its income inures to a private individual.”). … Because the Administrative Record clearly demonstrates Mr.

Lazaridis v. Social Security Administration

856 F. Supp. 2d 93 · District Court, District of Columbia · Apr 19, 2012

Lazaridis can appear pro se but is not qualified to appear as counsel for others.” Id. (citing Georgiades v. Martin-Trigona, 729 F.2d 831, 834 (D.C. Cir. 1984); Delaney v. Dist. of Columbia, 612 F. … The futility exception only applies where exhaustion would be “clearly useless,” such as where the agency “has indicated that it does not have jurisdiction over the dispute, or because it has evidenced a strong stand on

Zalduondo v. Aetna Life Insurance

941 F. Supp. 2d 125 · District Court, District of Columbia · Apr 25, 2013

Delahay, “appear[ed] to have no/limited experience with arthroscopic hip surgery . . . clearly establishing a lack of qualification.” AR 67–68. … Zawadsky was not “qualified” to treat Zalduondo because he had “only performed 25 arthroscopic surgeries.”3 Id.

Alliance for Natural Health US v. Sebelius

District Court, District of Columbia · May 27, 2010

Regulation of Commercial Speech Because the qualified selenium health claims are commercial speech, the FDA’s refusal to authorize them must be evaluated under the analytical framework established in Central Hudson … Supp. 534, 542-43 (D.R.I. 1994), where the disclaimers at issue were clearly inconsistent with the message defendants sought to convey and therefore effectively served to undo the original claims.

Gordon v. Courter

118 F. Supp. 3d 276 · District Court, District of Columbia · Jul 31, 2015

To establish that an adequate search was conducted, agencies may and often do rely on affidavits in support of their motions for summary judgment. Weisberg v. U.S. Dep’t of Justice, 745 F.2d 1476, 1485 (D.C. … To qualify for protection under the privilege, materials must be “both ‘predecisional’ and ‘deliberative.’” Pub. Citizen, Inc. v. Office of Mgmt. and Budget, 598 F.3d 865, 874 (D.C.

Tripp v. Department of Defense

193 F. Supp. 2d 229 · District Court, District of Columbia · Mar 30, 2002

Kennedy that she was certified as one of the top qualified applicants, and asked questions regarding the selection process. Mr. … Plaintiff also alleges that DOD failed to take necessary efforts to ensure the accuracy of the released information, to establish adequate rules for personnel with respect to the Privacy Act, and to establish sufficient safeguards

Bonnette v. District of Columbia Court of Appeals

796 F. Supp. 2d 164 · District Court, District of Columbia · Jul 13, 2011

A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements … However, § 12189 clearly applies to “any person” that offers examinations, not just public accommodations.

Brown v. Countrywide Home Loans, Inc. (In Re Brown)

319 B.R. 278 · District Court, District of Columbia · Oct 28, 2004

For example, the regulation governing the establishment of HUD-qualified consultants under the 203(k) program provides that HUD will create a list of certified consultants to perform tasks under the 203(k) program, but inclusion … The lender in that case employed a contractor to inspect property to be purchased by the plaintiffs to ensure that the property qualified for an FHA-insured mortgage.

Seminole Pipeline Co. v. Vogt

794 F. Supp. 438 · District Court, District of Columbia · Jul 28, 1992

As Plaintiff acknowledges in its papers, the NTSB has broad power to establish “rules and regulations as may be necessary to the exercise of its function.” 49 U.S.C.App. § 1901. … See Exhibit N, attached to the Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction. 3 .The Rule provides that “[p]arties shall be represented by suitable qualified technical employees or members who

In re Swine Flu Immunization Products Liability Litigation

89 F.R.D. 695 · District Court, District of Columbia · Sep 16, 1980

Teams with specialties were established. There was substantial *704 delegation of responsibility under coordinated control. … In dollar value, the Guillain-Barre victims clearly will receive a great deal more compensation than all other victims of the swine flu program.

Hatfill v. Mukasey

539 F. Supp. 2d 96 · District Court, District of Columbia · Mar 7, 2008

At the outset, it is important to reiterate that this Court has found that the identity of the individuals who leaked information in violation of the Privacy Act is “clearly central to [Dr. … The District of Columbia Circuit has established a high bar for what constitutes irreparable injury.

Continental Transfert Technique Limited v. Federal Government of Nigeria, Attorney General of the Fedration, Minister of the Interior

District Court, District of Columbia · Mar 23, 2010

Waiver of Sovereign Immunity Almost as an aside, Nigeria contends that it “has not waived its sovereign immunity to suit in the United States.” MTD1 at 7. That argument is plainly incorrect. … Under the Foreign Sovereign Immunities Act (“FSIA”), “[a] foreign state shall not be immune from the jurisdiction of courts of the United States . . . in any case . . . in which the action is brought . . . to confirm an

Otter v. Jewell

227 F. Supp. 3d 117 · District Court, District of Columbia · Jan 5, 2017

“The party invoking federal jurisdiction bears the burden of establishing these elements.” Lujan, 504 U.S. at 561 (internal citations omitted). … Clearly, the IDMT Plan is not immune to judicial review as long as the plaintiff can demonstrate: “(1) an ‘injury in fact,’ (2) a sufficient ‘causal connection between the injury and the conduct complained of,’ and (3) a

3m Company v. Boulter

842 F. Supp. 2d 85 · District Court, District of Columbia · Feb 2, 2012

Council could have, but chose not to, simply granted a defendant an immunity that could be invoked via a Rule 12 or 56 motion, similar to existing qualified or absolute immunities. … No. 58 at 8 (“3M is not required to establish an actual breach, failure of performance is sufficient.”).

Chevron Corp. v. Weinberg Group

286 F.R.D. 95 · District Court, District of Columbia · Sep 26, 2012

I have found, however, that the existing privilege log and my knowledge of the case permits me to conclude that certain categories of documents are so clearly not protected by any privilege and that they therefore must … Since there is nothing either in the log nor Weinberg’s 8 submissions establishing the premise for an attorney-client privilege, it is disallowed wherever it is claimed

Dccc v. Federal Election Commission

District Court, District of Columbia · Sep 3, 2026

The DCCC argues that, had the FEC answered the DSCC’s advisory-opinion request in the manner that the DCCC contends FECA requires, that opinion would have established that the ads at issue qualify as coordinated expenditures … identified candidate” or “refers to a clearly identified House or Senate candidate and is publicly distributed 7 or otherwise publicly disseminated in the clearly identified

Hartman v. Wick

678 F. Supp. 312 · District Court, District of Columbia · Feb 16, 1988

Moreover, equity clearly counsels against retroactive application of Palmer’s preference for two-tailed tests. … See Def.Ex. 14 (Longbranch Research Associates, Minimally Qualified Applicants).

Burns Ramirez v. Napolitano

962 F. Supp. 2d 253 · District Court, District of Columbia · Aug 27, 2013

ANALYSIS The Secret Service asserts that the Security Clearance claims are nonjusticiable under Supreme Court law established in Navy v. Egan, 484 U.S. 518 (1988). Mr. … The Circuit found this concern insufficient to justify “sweeping immunity from Title VII,” noting that “though allegations of knowing falsity may be easy to make, they are, in our experience, far from easy to prove.

Wilkinson v. Legal Services Corp.

27 F. Supp. 2d 32 · District Court, District of Columbia · Nov 20, 1998

Laws enacted through formal processes clearly are binding. … Rather, the Accardi doctrine establishes that the rule of law is to be reasonably enforced.