Case law

Center for Biological Diversity v. United States Environmental Protection Agency

District Court, District of Columbia · Jul 5, 2011

The Act itself does not define or qualify the term “notice.” See 42 U.S.C. § 7604. … EPA, 549 U.S. 497, establishes EPA’s non-discretionary duty to undertake endangerment findings.

Southern California Edison Co. v. United States Postal Service

District Court, District of Columbia · Jan 14, 2016

She clearly acknowledged, moreover, that “the Postal Service’s application of its own regulations and its deficiency assessments are subjected to limited judicial review . . . … Despite such an assertion, both USPS and the PCSC have a well-established history of doing just what USPS claims cannot be done – namely, exercising discretion in the assessment of revenue deficiencies.

Trustees of United Mine Workers of America 1974 Pension Plan v. Old Mill Mining Co.

847 F. Supp. 173 · District Court, District of Columbia · Mar 25, 1994

The Court holds that because Harden qualifies as an employer under ERISA, the Court has jurisdiction and its entry of default judgment against Harden is valid. … The governing federal law and private agreements to which he consented clearly bind Harden to initiate arbitration for the dispute at hand.

Goldstein v. Internal Revenue Service

174 F. Supp. 3d 38 · District Court, District of Columbia · Mar 25, 2016

IRM 11.3.2.4.7 (Aug. 29, 2008). 13 concerning an estate must establish both a qualifying relationship to the estate and a “material interest” in the estate’s tax … The Eighth Amendment to the Living Trust clearly provides that, “[u]pon the [death] of Grantor, if Grantor’s son, Richard H.

Hickey v. Scott

738 F. Supp. 2d 55 · District Court, District of Columbia · Sep 16, 2010

The judgmental immunity rule does not support summary judgment here. … See Estate of Nethken, 978 A.2d at 607 (plaintiff must establish “intent to deceive” by “clear and convincing evidence”). Hickey’s speculation to the contrary is insufficient to establish fraud. See Bennett v.

Lewis v. Reagan

516 F. Supp. 548 · District Court, District of Columbia · Jun 9, 1981

In the present case, the plaintiffs have not clearly alleged irreparable injury. … Thus, the plaintiffs in this case cannot establish the Court’s equitable jurisdiction. 2. The Government is Likely to Prevail on the Merits.

Force v. Islamic Republic of Iran

District Court, District of Columbia · Jul 27, 2022

In the view of the Special Master, Soudry is qualified as an expert for the purpose of determining economic loss. Id. The Court agrees. … The Special Master indicates that “the record does not establish that Mr.

Equal Rights Center v. Uber Technologies, Inc.

District Court, District of Columbia · Mar 15, 2021

Code § 2- 1401.02(24), the DCHRA clearly contemplates that some places of public accommodation will not involve stationary, physical facilities. … In any event, a public conveyance that is operated on land clearly counts as a “place of public accommodation” within the meaning of the DCHRA, D.C.

Fonda v. Central Intelligence Agency

434 F. Supp. 498 · District Court, District of Columbia · Jul 8, 1977

The matters withheld are therefore clearly and without dispute within the coverage of 50 U.S.C. §§ 403 (d) and 403g. … We are told that 10 of these documents originated within the CIA, thus qualifying them as “inter-agency or intra-agency” memoranda within the ambit of exemption 5.

American Medical International, Inc. v. Secretary of Health, Education & Welfare

466 F. Supp. 605 · District Court, District of Columbia · Feb 2, 1979

and set aside agency action, findings, and conclusions found to be— (a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (b) contrary to constitutional right, power, privilege, or immunity … These regulations do clearly establish that a return on equity capital is only allowed on that portion of equity capital related to patient care.

Green v. Connally

330 F. Supp. 1150 · District Court, District of Columbia · Jun 30, 1971

Otherwise, for example, Fagin’s school for pickpockets would qualify for a charitable trust. … Clearly the Federal Government could not under the Constitution give direct financial aid to schools practicing racial discrimination.

Judicial Watch, Inc. v. National Energy Policy Development Group

219 F. Supp. 2d 20 · District Court, District of Columbia · Jul 11, 2002

Defendants are correct that this letter clearly states that this meeting occurred after the NEPDG’s termination. … The Supreme Court clearly stated the definition of “final agency action” in Bennett v.

Lewis v. Pension Benefit Guaranty Corporation

District Court, District of Columbia · Jun 11, 2018

The Plan’s Qualified Benefit Limit The PWA provision governing the qualified benefit limit also governs the compensation limit, and states that any statutory increase to the qualified benefit limit “will be effective … Indeed, the Circuit has clearly distinguished between the doctrines of law of the case or preclusion and stare decisis. In Mahoney v. Babbitt, 113 F.3d 219 (D.C.

Leach v. Mnuchin

District Court, District of Columbia · Mar 14, 2023

Many of them — including Leach’s removal of duties, suspension, transfer, and non-selection — clearly do. Id. Others are much closer. … Under that framework, the plaintiff bears the initial burden of establishing a prima facie case of discrimination or retaliation.

United States v. Crews

District Court, District of Columbia · Dec 12, 2022

The record establishes that trial counsel preserved an objection to the career offender classification for appeal, arguing “that either one or both of the prior convictions are not qualifying offenses such that he would now … Crews’ failure to establish a reasonable probability that attempted Hobbs Act robbery would not qualify as a crime of violence under any of § 4B1.2(a)’s three clauses at the time of his sentencing. Because Mr.

Ringer v. Mumford

355 F. Supp. 749 · District Court, District of Columbia · Feb 28, 1973

On August 10, 1972, hearing officer Ernest Waller issued a 32 page ruling reviewing the relevant facts and regulations, concluding that a preponderance of the evidence established that “the rejection of . … Former Register ICaminstein testified that prior to the memorandum he thought that the Librarian agreed that with him that Ringer was best qualified for the post of Register, in particular in comparison with Cary.

Dch Regional Medical Center v. Burwell

257 F. Supp. 3d 91 · District Court, District of Columbia · Jul 6, 2017

And one need look no further than DCH’s own request for relief to see clearly that what is at stake in this action is DCH’s requested individualized recalculation of the uncompensated care figure rather than any reformulation … A challenge to agency action on the ground that it is ultra vires requires a plaintiff to establish “a patent violation of agency authority[,]” Florida Health II, 830 F.3d at 522 (internal quotation marks and citation omitted

Whitman-Walker Clinic, Inc. v. U.S. Department of Health and Human Services

District Court, District of Columbia · Sep 2, 2020

Each of these qualifies as an injury to the health-provider Plaintiffs’ interests. … That relief would clearly redress at least some of their injury.

Commonwealth of Pennsylvania v. Devos

District Court, District of Columbia · Aug 12, 2020

Although Plaintiffs have raised serious arguments about certain aspects of the Rule, they have not established a likelihood of success on their claims, nor have they established that they are likely to suffer substantial … In any event, Plaintiffs also have not established that they will suffer imminent irreparable injury.

Environmental Defense Fund v. Wheeler

District Court, District of Columbia · Aug 20, 2024

There, the plaintiffs sought to compel the EPA to issue a rule establishing a mandatory testing program for certain chemicals. Id. at 327. … A plaintiff seeking informational standing must still establish the traditional three prongs described above, but “[t]he law is settled that ‘a denial of access to information’ qualifies as an injury in fact ‘where a statute