Case law

Coulibaly v. Kerry

District Court, District of Columbia · Jul 17, 2018

Coulibaly’s “inappropriate interactions with [his] supervisors, and [his] failure to follow established procedures for requesting leave.” … For tort claims, the relevant waiver of sovereign immunity is the FTCA, 28 U.S.C. §§ 2671 et seq. See Meyer, 510 U.S. 476–77.

Sanofi-Aventis U.S. LLC v. United States Department of Health and Human Services

District Court, District of Columbia · May 15, 2025

HRSA guidance provides that for an individual to qualify as a patient of a covered entity, the entity must have “established a relationship with the individual,” and the entity’s employee or contractor must have provided … And the administrative record here clearly demonstrates causation and redressability.

McKenna v. Washington Metropolitan Area Transit Authority

670 F. Supp. 7 · District Court, District of Columbia · Jun 30, 1986

Thus the Court of Appeals for *11 this Circuit addressing this question in a recent decision clearly stated that “§ 80, specifically and expressly delineates the scope of WMATA’s consent to be sued.” Morris v. … Our reading of the plain meaning of the Compact is entirely consistent with the well-established understanding of Section 80 as a limited waiver of sovereign and 11th Amendment immunities from suit. See, e.g., Morris v.

Friedler v. General Services Administration

271 F. Supp. 3d 40 · District Court, District of Columbia · Sep 21, 2017

The FAR lists certain circumstances that qualify as potential causes for the debarment of a contractor, including (1) a conviction of, or civil judgment for, an “offense indicating a lack of business integrity or business … 41 [agency’s] decision” only if “the agency would clearly have acted on [the remaining valid] ground even if the other[s] were unavailable.”

Bloche v. Department of Defense

District Court, District of Columbia · May 14, 2020

The Court agrees that the markings could reveal DIA policy and thus qualify as a “function” protected by 10 U.S.C. § 424. … While portions of Item #22’s description do clearly fall within the scope of the exemption statute, id.

Kowal v. United States Department of Justice

District Court, District of Columbia · Sep 30, 2021

All information that “applies to a particular individual” qualifies for consideration under Exemption 6. See U.S. Dep’t of State v. Wash. … Cir. 2011) (“[A]ll information that would fall within the scope of Exemption 6 would also be immune from disclosure under Exemption 7(C).”).

Warner v. Vance-Cooks

956 F. Supp. 2d 129 · District Court, District of Columbia · Jul 25, 2013

explained, the Court finds that equities here weigh in favor of the plaintiff. 21 In her Affidavit for the EEO investigations, the plaintiff stated that, “[i]n March 2008 I received a performance evaluation where it was clearly … Clearly, not every monetary harm that may occur in the workplace automatically qualifies as an adverse employment action. See Augustus v. Locke, No. 09-1003, 2013 U.S. Dist. LEXIS 46041, at *30 (D.D.C.

Weinberg v. Barry

604 F. Supp. 390 · District Court, District of Columbia · Mar 7, 1985

Conversely, filing an application merely invokes the temporary, predecisional protection afforded to a qualified applicant by operation of law. Compare Grendel's Den, Inc. v. … press the argument that, once the 90-day decision period has been triggered, failure by the Joint Committee or the Review Board to reach a decision within the requisite 90 days thereafter renders the property in question immune

Bridgeforth v. Salazar

831 F. Supp. 2d 132 · District Court, District of Columbia · Dec 20, 2011

Plaintiff claims that during this time, he qualified to take the written test for promotion to Sergeant but was not allowed to take the examination due to his unfit-for-duty evaluation. Compl. at ¶ 39. … But plaintiff’s protected EEO activity cannot immunize him “from those petty slights or minor annoyances that often take place at work and that all employees experience.” Burlington Northern, 548 U.S. at 68 (2006).

In Re Burkette

279 B.R. 388 · District Court, District of Columbia · Apr 24, 2002

or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debt- or and any dependent of the debtor, unless— (i) such plan or contract was established … However, the cash flow estimate was based upon a monthly cash flow of $2,995 which is $981.67 more than the debtor’s current monthly income. 11 Clearly, the debtor’s *395 current employment situation will not generate sufficient

Arnold v. Islamic Republic of Iran

787 F. Supp. 2d 37 · District Court, District of Columbia · May 31, 2011

The Court consolidated this suit — which was brought pursuant to the former “state-sponsored terrorism” exception to the Foreign Sovereign Immunities Act (“FSIA”), codified at 28 U.S.C. § 1605 (a)(7), and then re-filed under … Republic of Iraq, 529 F.3d 1187, 1191 (D.C.Cir.2008) (“[A] statute applies to a pending case only if the Congress clearly so provides.”), reversed on other grounds by Republic of Iraq v.

Caires v. Federal Deposit Insurance Corporation

District Court, District of Columbia · Feb 9, 2018

The Court will first address the declaratory- judgment claims, as these are most clearly articulated by Plaintiff and most thoroughly rebutted by Defendant. … Finally, to the extent Plaintiff’s claims sound in misrepresentation and fraud, they are barred by sovereign immunity, which the Government has not waived for this category of claims. See United States v.

U.S. Securities & Exchange Commission v. Levine

671 F. Supp. 2d 14 · District Court, District of Columbia · Nov 24, 2009

Levine, on the other hand, answered very clearly that her husband sold the ring. … June 15, 2001) ("Although the same location and business purpose do not, by themselves, establish *34 that [an entity] is an alter ego, they clearly provide support for that conclusion.”).

Ange v. Bush

752 F. Supp. 509 · District Court, District of Columbia · Dec 13, 1990

, 96 L.Ed. 1344 (1952), the Supreme Court stated that “policies in regard to the conduct of foreign relations [and] the war power.... are so exclusively entrusted to the political branches of government as to be largely immune … As to the first requirement, Ange clearly is one for whose benefit the War Powers Resolution was enacted.

Troy v. Colvin

266 F. Supp. 3d 288 · District Court, District of Columbia · Jul 21, 2017

Statutory and Regulatory Framework To qualify for disability insurance benefits under Titles II and XVI of the Social Security Act (the “Act”), a claimant must establish that she is “disabled.” 42 U.S.C. §§ 423, … The ALJ must only include a claimant’s “credibly established limitations” in the RFC assessment. See Rutherford v. Barnhart, 399 F.3d 546, 554 (3d Cir. 2005).

Al-Aulaqi v. Panetta

35 F. Supp. 3d 56 · District Court, District of Columbia · Apr 4, 2014

Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 389 (1971); and (3) Defendants are entitled to qualified immunity. See Mot. to Dismiss [Dkt. 18]; Reply [Dkt. 23]. Plaintiffs oppose. … Indeed, Bivens permits a damages action against a federal officer for a violation of a plaintiff’s clearly-established constitutional rights. 26 See Corr. Servs. Corp. v.

Grunewald v. Jarvis

930 F. Supp. 2d 73 · District Court, District of Columbia · Mar 14, 2013

Around 26 years later, Congress passed legislation that the President signed establishing the National Park Service. … Thus Plaintiffs’ claims depend on the government’s waiver of sovereign immunity in the APA.

In DEFENSE OF ANIMALS v. Salazar

675 F. Supp. 2d 89 · District Court, District of Columbia · Dec 23, 2009

The plaintiffs protest that the Wild Horse Act clearly does not permit such long-term holding of horses by BLM, and the Court finds that argument persuasive. … United States Bureau of Land Management, 460 F.3d 13 , 19 n. 7 (D.C.Cir.2006) (citation and internal quotation marks omitted), it may do so only by clearly identifying the action to be ratified.

Oveissi v. Islamic Republic of Iran

District Court, District of Columbia · Mar 8, 2011

Plaintiff’s loss of his beloved grandfather undoubtedly qualifies under this standard. 18 stronger bond and closer day-to-day relationship than, for example, a sibling … This testimony establishes that while in Iran, General Oveissi owned assets totaling roughly $749,000,000. Id.

Young v. Burton

567 F. Supp. 2d 121 · District Court, District of Columbia · Jul 22, 2008

Testimony as to the nature, cause, and extent of plaintiffs’ symptoms is clearly relevant to the final determination of liability and damages. … Shoemaker’s theory of mold illness is based on the belief that patients have innate immune responses to mold, rather than acquired immune responses (ie., allergies), and as such, his methodology necessarily deviates from