Case law

Loumiet v. United States of America

106 F. Supp. 3d 219 · District Court, District of Columbia · May 28, 2015

The Court dismissed, in their entirety, all of Plaintiff’s remaining FTCA claims, except for invasion of privacy, because they arose out of Plaintiff’s defamation claim and the FTCA’s waiver of immunity does not apply to … LEGAL STANDARD To survive a motion to dismiss pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing that the court has subject matter jurisdiction over its claim. Moms Against Mercury v.

Fremstad v. Center for Economic and Policy Research

District Court, District of Columbia · Jan 25, 2026

Co., 817 F.2d 536, 538 (9th Cir. 1987) (“California’s defamation law establishes nonnegotiable rights and obligations independent of any labor contract.”); Hennegan Co. v. … Acknowledging that Fremstad’s claim arises from law rather than the terms of the CBA, the defendants contend that, because “Fremstad’s defamation claim falls clearly within the framework and provisions of the CBA” and therefore

Eichberg v. United States Shipping Board Emergency Fleet Corp.

273 F. 886 · District Court, District of Columbia · Jun 6, 1921

The Emergency Fleet Corporation is not such an agency of the government as to render it immune from suit. United States v. Strang, 254 U. S. 491 , 41 Sup. Ct. 165, 65 L. Ed. —, present term. … This court has repeatedly held that general allegations of error, without specifying the particular points to which the exceptions are directed, are clearly insufficient.

Hamilton v. Nolan (In Re Nolan)

220 B.R. 727 · District Court, District of Columbia · Apr 2, 1998

accommodation could be made, 2) he was qualified for the position, 3) he was adversely treated, and 4) others not in the same protected class were treated more favorably. … These two cases are clearly distinguishable from the case at bar in which neither willfulness nor maliciousness on the part of the debtor has been litigated.

Hampton v. Comey

139 F. Supp. 3d 1 · District Court, District of Columbia · Sep 21, 2015

In assessing whether a plaintiff has established municipal liability under Monell, a court must first determine whether there has been a constitutional violation. Baker v. … He argues that “[b]oth Defendants . . . signed the Agreement, knowing there has been a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges or immunities secured or

Banker v. Wormuth

District Court, District of Columbia · Mar 30, 2026

First, the Court did not clearly err in finding that Banker’s amended complaint failed to allege discriminatory pretext. … Thus, Banker has failed to show that the Court clearly erred. Second, denying Banker’s motion will not cause manifest injustice.

EQUAL RIGHTS CENTER v. District of Columbia

741 F. Supp. 2d 273 · District Court, District of Columbia · Oct 5, 2010

Defendants do not contest that Plaintiffs are qualified individuals with disabilities. … Since Tyler was decided on standing grounds, it clearly cannot establish a percent-compliance threshold based on Title III standards.

Stati v. Republic of Kazakhstan

District Court, District of Columbia · Mar 23, 2018

In that same ruling, the Court found that it had subject matter jurisdiction over the dispute under the FAA and the Foreign Sovereign Immunities Act. Id. at 184–190. … ‘it is not necessary to establish that the result of the arbitration would have been different if the fraud had not occurred.’”

Citizens for Responsibility & Ethics v. U.S. Department of Justice

658 F. Supp. 2d 217 · District Court, District of Columbia · Oct 1, 2009

The government may satisfy its burden of establishing its right to withhold information from the public by submitting appropriate declarations and, where necessary, an index of the information withheld. See Vaughn v. … As discussed at length above, the class of proceedings identified by DOJ is too broad and hypothetical to qualify as “enforcement proceedings” under Exemption 7(A).

Masonry Masters, Inc. v. Thornburgh

742 F. Supp. 682 · District Court, District of Columbia · Jul 31, 1990

The INS denied the 1979 application because Masonry Masters allegedly failed to establish its ability to pay the $10 per hour prevailing wage. … prerequisite to the INS’ granting such a sixth-preference visa petition is a certification by the Department of Labor (“DOL”) (1) that there are not sufficient United States citizens available who are able, willing, and qualified

North v. Walsh

656 F. Supp. 414 · District Court, District of Columbia · Mar 12, 1987

The media has reported that immunity was granted to one or more persons to secure their testimony. C. … noted specifically that because of the constitutional challenges asserted in the pending lawsuit, he “found it advisable to assure the courts, Congress, and the American people that this investigation [would] proceed in a clearly

Rtskhiladze v. Mueller

District Court, District of Columbia · Sep 1, 2021

Mueller has also, understandably, moved to dismiss on the grounds that he is entitled to absolute or qualified immunity. See Mueller Mot. at 18–24. The Court reecognizes that these defenses likely have merit. … Fitzsimmons, 509 U.S. 259, 273–74 (1993) (outlining standards for absolute prosecutorial immunity); Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining that plaintiffs must allege facts showing violations of clearly

Bobb v. Andrus

430 F. Supp. 522 · District Court, District of Columbia · Mar 31, 1977

This Court finds that the evidence and testimony clearly support that judgment. … On August 15, 1974, he was advised that retention registers had been established and that he could not be assigned to a position at his present grade.

Geter v. United States Government Publishing Office

District Court, District of Columbia · Jan 31, 2020

That general statement is correct, but it does not necessarily resolve the question here, especially in light of the specific and 10 clearly-settled rule that an employer … And in this Circuit, in order for a plaintiff to establish that a comparator is similarly situated, he or she must establish that the comparator is nearly identical in all relevant respects. See Royall v.

Peoples v. Schultz

806 F. Supp. 2d 174 · District Court, District of Columbia · Aug 29, 2011

Section 2254, moreover, is available only when the judgment of the state court resulted in a decision that was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law,” or (2) “based … Respondent maintains that by filing a § 2241 petition before the Court, Petitioner has attempted to access the habeas review process without having to qualify for § 2254. Mot. at 11.

Wise v. Ferriero

842 F. Supp. 2d 120 · District Court, District of Columbia · Feb 3, 2012

Analysis At first glance, this case appears to pose numerous questions relating to the exhaustion of administrative remedies and whether certain incidents qualify as actionable adverse employment actions. … In addition, his exhaustion argument clearly concerns only the hostile-work-environment theory. See id. at 25-29.

Lefande v. District of Columbia

864 F. Supp. 2d 44 · District Court, District of Columbia · May 21, 2012

Even where there is a showing of a clearly identifiable policy, the D.C. … Cir. 2007) (requiring that a plaintiff establish that “the defendant made a false and defamatory statement concerning the plaintiff”).

Central Tool Co. v. International Ass'n of Machinists National Pension Fund, Benefit Plan A

523 F. Supp. 812 · District Court, District of Columbia · Aug 26, 1981

National Pension Fund, supra, clearly supports its position in this regard. … employer from subsequent termination from the plan than the employee who resigned twenty-five months before termination, his experience is not qualitatively different from that of an employee lacking one day of service to qualify

Carter v. District of Columbia

District Court, District of Columbia · Jul 7, 2023

Here, the defendants have failed to establish the first prong: that the D.C. Superior Court’s decision was “on the merits.” Id. … But this argument fails for two reasons. 2 Since the claims against the individual defendants are dismissed on statute of limitations grounds, the Court need not address the defendants’ qualified immunity arguments.

Lake v. Baker

662 F. Supp. 392 · District Court, District of Columbia · Mar 16, 1987

To establish constructive discharge Ms. … Lake were clearly reasonable.