Case law

In Re: Navy Chaplaincy

District Court, District of Columbia · Mar 4, 2013

(“[Plaintiffs] have clearly alleged an intentional preference.”) … Thus, far from rejecting the argument that Plaintiffs must prove intent, the law of the case, as clearly articulated in Adair I, recognizes that the central theory of Plaintiffs’ Establishment Clause

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.

Mahorner v. Bush

224 F. Supp. 2d 48 · District Court, District of Columbia · Sep 16, 2002

Both positions fail to satisfy the injury in fact requirement necessary to establish standing. … (B) Political Question Doctrine Not only does the plaintiff lack standing to bring this case, but the plaintiffs claims are clearly non-justiciable political questions.

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.

General Aircraft Corp. v. Air America, Inc.

482 F. Supp. 3 · District Court, District of Columbia · Jan 30, 1979

The serious concerns recognized in prior decisions invoking the Act of State Doctrine are clearly present in this case. Brief for defendant Fairchild Industries, Inc. at 30-32. … The scope of the antitrust immunity announced in Noerr was extended in United Mine Workers of America v.

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.

James v. District of Columbia

610 F. Supp. 1027 · District Court, District of Columbia · Jun 12, 1985

Alternatively, defendants say, they are entitled to summary judgments of dismissal on the basis of various affirmative defenses in the nature of confession and avoidance: qualified immunity for the police officials, and absence … As for the common law claims, it is well-established that the District of Columbia may be liable on a theory of respondeat superior for common law torts committed by its agents acting within the course and scope of their

Trout v. Hidalgo

517 F. Supp. 873 · District Court, District of Columbia · Apr 16, 1981

With these salary differentials clearly established, plaintiffs’ expert sought to determine next, on a year-by-year basis between 1972 and 1979, 10 whether the disparity could be accounted for by differences between men and … Creighton aspired, was clearly better qualified by every appropriate measure, and there was nothing improper about this personnel action.

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.

Zhou v. Boeing Company

District Court, District of Columbia · Nov 21, 2018

of the Foreign Sovereign Immunities Act. … but opposing dismissal based on sovereign immunity); see also FSIA Mem. at 12 (arguing that MAS and MAB are presumptively immune from suit and that Plaintiffs have not established that any FSIA exception applies).)

De Pusana v. United States

164 F. Supp. 672 · District Court, District of Columbia · Jul 15, 1958

The law on this point in the District of Columbia was established in the case of Rosario v. … Pusana’s death qualified him for Government insurance under 38 U.S.C.A. § 802 (d) (3) (B).

Bass v. Federal Motor Carrier Safety Administration (Fmcsa)

District Court, District of Columbia · Dec 22, 2025

There is no question that if FMCSA’s action qualified as a rule, regulation, or “final order,” it would fall within the scope of the Hobbs Act and shunt this case to the court of appeals, as the statutory authority establishing … At the same time, there is no indication from the complaint that FMCSA “clearly communicated it will not reach a determination” on Bass’s submission due to his “recalcitrance.” Id.

Gandhi v. Centers for Medicare and Medicaid Services

District Court, District of Columbia · Mar 30, 2023

Similarly, CMS has not established that a foreseeable harm would occur if the EINs were released. … CMS simply has not established the likelihood of this scenario.

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

Lewis v. District of Columbia

535 F. Supp. 2d 1 · District Court, District of Columbia · Jan 24, 2008

Finally, the court denies the plaintiffs request to qualify punitive damages as recoverable against the District of Columbia. II. BACKGROUND A. … Id. at 12 (noting that a mere assertion of failure to exhaust administrative remedies without more is “clearly *6 inadequate under prevailing regulations to establish a failure to exhaust administrative remedies”).

Klotzbach-Piper v. National Railroad Passenger Corporation

District Court, District of Columbia · Sep 3, 2021

The Policy sets out requirements for qualification, including the maximum number of rides a qualifying engineer can take to qualify on a given route. Id. … First, she did not qualify for FMLA leave when she applied for it.

Richardson v. Board of Governors of the Federal Reserve System

248 F. Supp. 3d 91 · District Court, District of Columbia · Mar 31, 2017

Richardson clearly had knowledge of the alleged removal of medical documents as early as May 12, 2010 when he met with Mr. Sauls. … While the FTCA waives sovereign immunity for some claims, it “does not waive sovereign immunity for constitutional torts.” Id. Mr.

Klayman v. Judicial Watch, Inc.

District Court, District of Columbia · Mar 9, 2018

With respect to some exhibits, the Court shall draw on the standard established by the Federal Rules for the so-called business records exception to the hearsay rule. … It is hard to qualify these exhibits as business records where the purported custodian demonstrates such uncertainty.

Lebrun v. England

212 F. Supp. 2d 5 · District Court, District of Columbia · Jul 11, 2002

However, this clearly is the minority viewpoint. … Clearly, § 6962 applies to a midshipman who chooses to challenge allegations of misconduct.

Pride v. U.S. Department of Agriculture

District Court, District of Columbia · Aug 23, 2024

Legal Standard Plaintiffs bear the burden of establishing subject-matter jurisdiction. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 (1992). … “The statute defines the term ‘creditor’ to include the United States government, see 15 U.S.C. §§ 1691a(e), (f), and thereby waives the United States’ sovereign immunity for claims brought under the ECOA.”