Case law

Ward v. Caldera

138 F. Supp. 2d 1 · District Court, District of Columbia · Mar 19, 2001

As well, the Act obliges the Secretary not only to select the “best qualified” officers of the applicant pool, but to select *3 officers qualified to the degree that they are expected, as a group, to be promoted at a rate … The plaintiff clearly has standing to bring this claim, and thus can be expected to rely on the racial composition of the selection boards in his case.

Dehshiri v. Blinken

District Court, District of Columbia · Jul 7, 2025

Circuit has not clearly answered this question. See Verizon v. FCC, 770 F.3d 961, 968 n.11 (D.C. Cir. 2014) (noting the tension between D.C. Cir. … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.”).

New Life Evangelistic Center, Inc. v. Sebelius

District Court, District of Columbia · Dec 1, 2010

property in Cape Girardeau, Missouri for establishing a homeless assistance program. … Read in its proper context, the first sentence clearly requires that the property be “placed into [its proposed] use” within the twelve-month period. Id.

Baker v. Socialist People's Libyan Arab Jamahirya

775 F. Supp. 2d 48 · District Court, District of Columbia · Mar 30, 2011

The ANO was established and led by Sabri al-Banna, a/k/a Abu Nidal. (Lang, T-2-141.) 65. … He was also deemed qualified to testify regarding the damage calculations for each of the killed or injured plaintiffs. (Markham, T-4-105).

Rhodes v. Chertoff

District Court, District of Columbia · Sep 23, 2009

According to defendant, however, this claim must also be dismissed because the Letter of Counseling does not qualify as an adverse employment action and, in view of defendant’s withdrawal of the letter in August 2007, … The retaliation claims in plaintiff’s complaint are clearly based on her prior EEOC activity in 2003 and 2004 and her union complaints. See Compl. at 6 ¶ 21.

Ruffin v. NEW DESTINATION, LLC

773 F. Supp. 2d 34 · District Court, District of Columbia · Mar 29, 2011

Wage Payment and Collection Law and do not address whether they qualify as employees under the statute and its accompanying regulations. … Because the record clearly shows that Defendant Lyles was not a party to Plaintiffs’ agreements with New Destination, the Court shall dismiss Plaintiffs’ breach of contract claims against Lyles.

Pate v. Federal Highway Administration

District Court, District of Columbia · Aug 17, 2020

In this context the agency’s July 14, 2020 suspensions do not fall clearly outside of its “wide discretion” in assessing the need for immediate action. … The Court cannot conclude, therefore, that complications with these contracts present a clearly imminent threat to the company’s viability. See Nat'l Ass’n of Mortg. Brokers v. Bd. of Governors of Fed.

Bushireddy v. Lyons

District Court, District of Columbia · Mar 18, 2026

To obtain an F-1 visa, an individual must “hav[e] residence in a foreign country which he has no intention of abandoning” and be a “bona fide student qualified to pursue a full course of study.” Wash. All. of Tech. … The Court finds that the Government has not met its high burden of establishing that the case is moot. And on the merits, it concludes that ICE’s termination of Ms.

Depomed, Inc. v. United States Department of Health & Human Services

66 F. Supp. 3d 217 · District Court, District of Columbia · Sep 5, 2014

Although PHN qualifies as a “rare disease or condition” under the Act, 21 U.S.C. … Indeed, Congress has specifically established the only two situations in which the FDA can carry on regardless.

National Trust for Historic Preservation v. Blanck

938 F. Supp. 908 · District Court, District of Columbia · Sep 13, 1996

Since waivers of sovereign immunity are not to be implied and are to be strictly construed, Lehman v. … Plaintiffs are clearly correct that the Army’s noneompliance has caused real harm.

National Association of Waterfront Employers v. Chao

District Court, District of Columbia · Oct 27, 2009

ANALYSIS NAWE and Intervenors brought their claims under the APA, which waives the sovereign immunity of the United States and permits a court to set aside agency action that is arbitrary, capricious, an … The right is qualified, however, and it may be overcome by an overriding interest in closure that is narrowly tailored to serve such overriding interest. Press-Enter. Co. v.

United States v. Seven Miscellaneous Firearms

503 F. Supp. 565 · District Court, District of Columbia · Aug 4, 1980

A generally inclusive definition of firearms is established. Sporting rifles and shotguns are exempted. ( 26 U.S.C. § 5845 (f)). … Since the gyrojet pistols do not qualify either as a “destructive device” or as “any other weapon,” and do not qualify under any other definition, they are not “firearms” within the meaning of § 5845(a).

Youssef v. Federal Bureau of Investigation

75 F. Supp. 3d 148 · District Court, District of Columbia · Dec 2, 2014

However, Hamilton involved disparately qualified candidates competing for the same, singular position. … Unlike a situation where a more qualified candidate is passed over for a less qualified candidate, there is nothing inherently suspect about two disparately qualified candidates being hired for two open positions.

Mirror Lake Village, LLC v. Johnson

District Court, District of Columbia · Dec 14, 2018

In order to qualify for visas under the “EB-S program,” as it is known, the investments must meet specific, employment-focused criteria. … Def Ctr., 568 U.S. 597, 613 (2013) (“It is well established that an agency’s interpretation need not be the only possible reading of a regulation_or even the best one_to prevail.”). b.

Kurdyukov v. United States Coast Guard

657 F. Supp. 2d 248 · District Court, District of Columbia · Sep 29, 2009

Rather, “a plaintiff pursuing an action under FOIA must establish that either: (1) the Vaughn index does not establish that the documents were properly withheld; (2) the agency has improperly claimed an exemption as a matter … Moreover, any personal interest plaintiff may have in the individual’s identity does not qualify as a public interest favoring disclosure. See Oguaju v.

Walker v. Pharmaceutical Research & Manufacturers

439 F. Supp. 2d 103 · District Court, District of Columbia · Jul 17, 2006

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 .

United States v. Philip Morris USA Inc.

218 F.R.D. 312 · District Court, District of Columbia · Nov 12, 2003

The Government bears the burden of establishing the applicability of the privilege. Id. at 861 . 1. … However, those documents had clearly been " 'adopted' ” in the sense that they "function[ed] as the 'working law’ of the agency.” Id.

Baisden v. Barr

District Court, District of Columbia · Oct 16, 2020

“It is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers .” Renne v. … Consequently, in the abstract, Baisden’s inability to possess a firearm lawfully might qualify as a cognizable injury in fact under Article III. See, e.g., Medina v. Sessions, 279 F.

Hayes v. Bowen

701 F. Supp. 857 · District Court, District of Columbia · Dec 19, 1988

Such an interpretation clearly is inconsistent with the language used in Smith v. … Notwithstanding the qualifying language following that phrase (which indicates that plaintiff does not meet the requirements of being considered disabled without further inquiry), the Court interprets this statement as establishing

Apache County v. United States

256 F. Supp. 903 · District Court, District of Columbia · Jul 26, 1966

Section 4(a) clearly requires that there be a judicial determination of the ultimate facts of non-discrimination in the pertinent five-year period. … Every resident of the state is qualified to become an elector and may register to vote at all elections authorized by law if he: 4.