Case law

National Home Infusion Association v. Azar

District Court, District of Columbia · Jun 15, 2021

until CMS established the permanent program. … HHS has established the EAJR process for Medicare claims. See 42 C.F.R. § 405.990.

Washington Mobilization Committee v. Cullinane

400 F. Supp. 186 · District Court, District of Columbia · Aug 27, 1975

Clearly the police department must have some flexibility in its choice of techniques to carry out its lawful duties. … At trial, Zanders qualified his original assessment, stating that no written policy changes had been made, but that changes were instituted through verbal orders. 32 .

Dl v. District of Columbia

109 F. Supp. 3d 12 · District Court, District of Columbia · Jun 10, 2015

Clearly the Court thoroughly considered the fourth subclass’s claims relating to transitions and determined that then, as now, there were no genuine disputed facts. … Cupingood to be a “qualified expert in statistic[s].” 2011 Opinion at 8.

Integrated Design & Electronics Academy Public Charter School v. McKinley Ex Rel. K.M.

570 F. Supp. 2d 28 · District Court, District of Columbia · Aug 8, 2008

After the student is identified as potentially disabled, the LEA “must conduct a full and individual initial evaluation” within the District of Columbia’s established time frame of 120 days. 34 C.F.R. § 300.301 ; D.C. … McKinley “clearly requested” evaluation of K.M., thereby commencing the 120-day period in which K.M. was required to be evaluated. R. 8.

Helomics Corporation v. Burwell

District Court, District of Columbia · Apr 8, 2016

Exhaustion of the administrative process is a statutory requirement imposed by Congress in the Medicare statute as a condition of the waiver of sovereign immunity. See Weinberger v. … Helomics engages in straight-line reasoning: since Novitas “retired” the 2015 LCD, it clearly follows that the 2016 LCD was a new LCD.

Faherty v. Lockhart

751 F. Supp. 994 · District Court, District of Columbia · Sep 27, 1990

The lunch was clearly an opportunity for Dr. Utgoff to feel Mr. Vasquez out as to his interest in working at a place like PBGC, and an opportunity for Mr. … Faherty established a -prima facie case of age discrimination for all of his claims.

Breezee v. Islamic Republic of Iran

District Court, District of Columbia · Sep 24, 2025

In this case, plaintiffs seek in personam relief, so the question is whether defendant Iran is entitled to immunity. 9 “[T]he FSIA establishes a general rule granting foreign sovereigns immunity from the jurisdiction … Here, the estate of Deborah Mings has not provided sufficient information to establish its standing to sue.

Live365, Inc. v. Copyright Royalty Board

District Court, District of Columbia · Feb 23, 2010

constitutional challenge, without an injunction it will incur the expenses related to these activities without any potential of recovering them from the defendants due to the Eleventh Amendment’s grant of governmental immunity … While these expenses are likely to be substantial based on the plaintiff’s representations, the Supreme Court has clearly held that this alone is insufficient to establish irreparable harm.

Kline v. Archuleta

102 F. Supp. 3d 24 · District Court, District of Columbia · Apr 14, 2015

Kline’s obstinate — and unsupported — insistence that her new position was still categorized as a regulatory position or gave her primary responsibility of regulatory duties, her updated PD clearly states that she was to … This comment was not related to any employment decision — though indeed, the Court has already established that no employment decisions were made. Mr. Davis made this remark to Ms.

Alexander v. Federal Bureau of Investigation

186 F.R.D. 66 · District Court, District of Columbia · Jun 15, 1998

The language in 5 U.S.C. § 301 and subsequent case law clearly provide that federal agencies are not authorized to withhold documents or testimony from a federal court. See Houston Business Jour *70 nal v. … Dept. of Treasury, 86 F.3d 1208, 1212 (D.C.Cir.1996) (“In federal court, the federal gwernment has waived its sovereign immunity, see 5 U.S.C. § 702 , and neither the Federal Housekeeping Statute nor the Touhy decision authorizes

Liu v. Wolf

District Court, District of Columbia · Nov 30, 2021

-1 visa is not dependent on an actual offer of employment in the United States; and it is exempt from a time-consuming labor certification process, which requires that employers first test the marketplace for existing qualified … Ill. 2002) (finding that “arguably one of the most famous baseball players in Korean history” did not qualify for visa as a baseball coach)).

Otay Mesa Property, L.P. v. United States Department of the Interior

District Court, District of Columbia · Sep 25, 2018

While the ordinary summary judgment standard is laid out in Federal Rule of Civil Procedure 56, “it is well established that, in cases involving review of a final agency action[,] . . . the standard set forth in [Rule 56 … Instead, the dispute in that case centered on whether the FWS has to establish, relative to the boundaries of the occupied territory, “specifically where, within that area [each of the PCEs] were located.”

United States v. Cook

526 F. Supp. 2d 1 · District Court, District of Columbia · Oct 19, 2007

Cook attempts to escape this well-established rule by arguing that at the time he was told to write the reports, he was being investigated for both the alleged assault and a possible cover-up. (Def.’s Supp. … for Garrí ty immunity.

LaPrade v. Kidder, Peabody & Co., Inc.

94 F. Supp. 2d 2 · District Court, District of Columbia · Feb 29, 2000

Dean Witter Reynolds Inc., 121 F.3d 818, 821 (2d Cir.1997), cert. den., 522 U.S. 1049 , 118 S.Ct. 695 , 139 L.Ed.2d 639 (1998). 3 The burden falls on the party seeking to alter the arbitration award— here, plaintiff—to “establish … Contrary to plaintiffs contentions, the governing law is not “well defined, explicit, and clearly applicable” to this case.

Cause of Action v. National Archives and Records Administration

926 F. Supp. 2d 182 · District Court, District of Columbia · Mar 1, 2013

NARA denied this request, explaining that as the FCIC was a commission established within the legislative branch, its records were legislative records not subject to FOIA. … The first factor – the intent of the document’s creator to retain control – clearly weighs in favor of a finding that the records are outside FOIA’s scope.

Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum and Natural Gas

District Court, District of Columbia · Jun 7, 2018

The United States’ recognition and respect of other nations’ sovereignty is expressed through the Foreign Sovereign Immunities Act, which provides that “foreign state[s] shall be immune from the jurisdiction of the courts … The Court has already established that confirmation of the 29 specific performance portion of the award would violate public policy.

Nixon v. Administrator of General Services

408 F. Supp. 321 · District Court, District of Columbia · Apr 1, 1976

And it is clearly established that the power of eminent domain extends both to intangibles, see Cincinnati v. Louisville & Nashville R. R. … Nixon asserts that Presidents Truman, Eisenhower, and Johnson assisted in the selection of archivists to review files, the evidence in the record does not clearly establish whether that assertion is accurate.

Youssef v. Federal Bureau of Investigation

19 F. Supp. 3d 167 · District Court, District of Columbia · Jan 28, 2014

Youssef may establish a prima facie case of national origin discrimination by showing that: (1) he is a member of a protected class; (2) he applied for and was qualified for an available position; (3) despite his qualifications … As with Youssef’s evaluation of his other competency examples, the Court finds this argument insufficient to establish that Youssef’s examples or experiences were clearly superior to Powers’.

Segar v. Ashcroft

District Court, District of Columbia · Mar 28, 2025

Agents on the BQ List were considered “equally qualified for promotion to the vacant position.” Id. … This notice must “clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class

United States v. Madzarac

District Court, District of Columbia · May 15, 2023

Id. at 204; id. at 205 (“[T]he purpose sought to be achieved is clearly tactical, to better position the government to try this case.”). … The government argued the opposite during the preliminary hearing, a contention it now concedes was clearly foreclosed by D.C. Circuit caselaw.