Case law

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

Ficks v. Wick

691 F. Supp. 385 · District Court, District of Columbia · Apr 6, 1988

To establish a prima facie case of disparate treatment, a plaintiff must prove by a preponderance of the evidence that she: 1) is a member of the protected class; 2) applied for the job in question; 3) was qualified; and … CONCLUSION In this case, Ficks clearly establishes that she is a member of a protected class by virtue of her birth outside the United States, that she applied for the job of Program Coordinator, that she was qualified for

Adionser v. Department of Justice

811 F. Supp. 2d 284 · District Court, District of Columbia · Sep 15, 2011

summary judgment, asserting that defendant has not shown that it conducted adequate searches for responsive documents, did not reasonably segregate non-exempt information from statutorily exempt information, and did not establish … Here, EOUSA, FBI, DEA, and BOP asserted Exemption 7(C) to withhold information clearly compiled for “law enforcement purposes.”

Dynalantic Corp. v. United States Department of Defense

885 F. Supp. 2d 237 · District Court, District of Columbia · Aug 15, 2012

[A]s amended, the case is clearly not moot. … Addabbo, the floor manager of the House bill, pointed out that “[o]ur findings clearly state that 34 groups such as Black Americans, Hispanic Americans, and Native Americans, have been

Hawkins v. Bernhardt

District Court, District of Columbia · Jan 31, 2020

Plaintiffs’ Focus on the Protocol Agreements is Misplaced Set against these clearly established legal principles surrounding federally protected tribal water rights, the plaintiffs cannot establish causation or … That authority is clearly established in federal law and stems from the 1864 Treaty.

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).

Davis v. Billington

76 F. Supp. 3d 59 · District Court, District of Columbia · Dec 19, 2014

Finally, while the plaintiff may in fact be qualified for the position of Deputy Assistant, there is a distinct possibility that someone who has applied, or will apply, for the position is either more qualified or a better … where an injunction is mandatory—that is, where its terms would alter, rather than preserve, the status quo by commanding some positive act—the moving party must meet a higher standard than in the ordinary case by showing clearly

Servier Pharmaceuticals LLC. v. Becerra

District Court, District of Columbia · Jan 3, 2025

The Medicare Modernization Act’s Original Framework (2003) The Medicare Modernization Act established a framework to allocate the cost of covered drugs among beneficiaries, insurance companies, and drug manufacturers … “When an agency raises a purely legal argument for the first time in litigation, a court may consider that argument if it is both clearly correct and would render remand pointless

Cutler v. Civil Aeronautics Board

375 F. Supp. 722 · District Court, District of Columbia · Aug 25, 1974

If these words are to have any meaning at all, they must require that the statutes in question either clearly identify some class of documents to be kept confidential or, at the very least, prescribe specific standards by … The United States Court of Appeals for the District of Columbia Circuit has established a procedure for determining the applicability of the Act’s exemptions, see Vaughn v.

Whiteru v. Washington Metropolitan Area Transit Authority

District Court, District of Columbia · Aug 14, 2020

The state of the evidence in the instant case makes WMATA’s contributory negligence contention more like the one in Fells, because there is video footage that clearly establishes Whiteru’s own negligent conduct. … Opp’n at 4, 5–8) finds no support in the established law of the District of Columbia.

Azadeh v. the Government of the Islamic Republic of Iran

District Court, District of Columbia · Jul 11, 2018

§ 1604 (conferring a broad grant of immunity “except as provided in sections 1605 to 1607 of this chapter”). … Circuit’s prior pronouncements establish. See Angellino, 688 F.3d at 773.

Judicial Watch, Inc. v. National Archives and Records Administration

845 F. Supp. 2d 288 · District Court, District of Columbia · Mar 1, 2012

[W]e held that those decisions that involve materials that are truly presidential records are immune from judicial review. … Id. § 2203(f)(1). 8 Plaintiff contends that its factual allegations about the nature and substance of the audiotapes clearly establishes them to be Presidential records, regardless of how they were treated by President

Gould Inc. v. General Services Administration

688 F. Supp. 689 · District Court, District of Columbia · Jun 1, 1988

As a result, according to plaintiff, by definition, documents and records which the Office of Audits generates or compiles cannot qualify under Exemption 7. … While an ultimate law enforcement investigation may not be the critical objective of this audit process, it clearly is a real possibility.

Vargas v. Meese

682 F. Supp. 591 · District Court, District of Columbia · Oct 5, 1987

The Act further provides for qualified designated entities (“QDE”) to accept applications for SAW status. 8 U.S.C. § 1160 (b)(2). … The government argues that plaintiffs have failed to establish the likelihood of success on the merits.

Searcy v. United States of America

District Court, District of Columbia · Nov 9, 2009

Jan. 8, 2009) (dismissing action for monetary relief from the federal government on the ground that sovereign immunity bars such a claim). 2 See 28 C.F.R. § 540.101(c). … Although the Department of the Treasury has established control accounts for trust fund operations, the BOP is responsible for managing the trust fund.

Sierra Club v. Jackson

District Court, District of Columbia · Jul 20, 2010

Based on these concerns, the Court found that an agency’s decision to refuse to bring an enforcement action is unsuitable for review, and therefore, it “should be presumed immune from judicial review” unless the statute … Cir. 1975), do not qualify as dates certain for the purpose of establishing an agency’s mandatory duty. (Def.’s Mot. at 19.) But even assuming arguendo that the D.C.

In Re Slack

768 F. Supp. 2d 189 · District Court, District of Columbia · Mar 8, 2011

Because the record establishes that there are questions of material fact on these issues, neither party is entitled to summary judgment."). … Even if the plaintiff did supply this information, the Court remains skeptical that alternate sources are unavailable to establish the size of the area designated for street performances in July 2008.

Novecon, Ltd. v. Bulgarian-American Enterprise Fund

977 F. Supp. 45 · District Court, District of Columbia · Sep 16, 1997

The evidence of mismanagement or worse is now abundant, and clearly an investigation is warranted. Bauer Aff. Attach. BB at 1-2. … The Supreme Court established the constitutional threshold of “actual malice” for defamation actions brought by public figures (even limited-purpose ones, see Gertz v.

Certain Underwriters at Lloyds London v. Great Socialist People's Libyan Arab Jamahiriya

District Court, District of Columbia · Sep 2, 2011

He was also deemed qualified to testify regarding the damage calculations for each of the killed or injured plaintiffs. (Markham, T-4-105). … The ANO was established and led by Sabri al-Banna, a/k/a Abu Nidal. (Lang, T-2-141.) 46.

Center for Auto Safety v. National Highway Traffic Safety Administration

809 F. Supp. 148 · District Court, District of Columbia · Jan 8, 1993

Since the consequences of a general mailing list of complainants concerned with auto safety are clearly and foreseeably intrusive, complainants will have forfeited a degree of privacy because they chose to alert the proper … The type of analysis required of the District Court in this area is somewhat unrealistic and calls for judgment trial judges are not particularly qualified to make.