Case law

Auburn Regional Medical Center v. Leavitt

District Court, District of Columbia · Feb 26, 2010

Here, plaintiffs' claims clearly arise under the Medicare Act – and hence are covered by § 405(h) – because they arise from the calculation of payments under the Medicare DSH provision and have as their ultimate goal the … Plaintiffs contend that they fall within this exception because, without judicial review of their DSH payments under § 1331, the Secretary's actions would be immunized from judicial scrutiny.

Pourshakouri v. Pompeo

District Court, District of Columbia · Aug 11, 2021

Ifthe moving party satisfies this burden, the nonmoving party must then identify specific facts establishing a dispute as to material facts to defeat the motion. See id. ANALYSIS A. … Bell, 430 U.S. 787, 792 (1977) (noting the Supreme Court “ha[s] long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune

Ruiz v. Vilsack

763 F. Supp. 2d 168 · District Court, District of Columbia · Feb 9, 2011

Because “[pjrocedural requirements established by Congress for gaining access to the federal courts are not to be disregarded by courts out of a vague sympathy for particular litigants,” Baldwin, 466 U.S. at 152 , 104 S.Ct … Plaintiff was clearly informed that he had 90 days to sue from the date that he received the final EEOC decision, and he decided to submit his IFP application with his complaint only six days prior to the 90-day filing deadline

United States v. Hearnes

District Court, District of Columbia · Oct 7, 2024

Hearne’s initial position is that a plea that is deficient under Rehaif qualifies as a structural error and, as a result, “will ‘always result[] in fundamental unfairness.’” … Prejudice Cause established, the Court turns to whether Hearne can demonstrate prejudice.

Fitzgerald v. Sigler

372 F. Supp. 889 · District Court, District of Columbia · Mar 13, 1974

That discretion, however, is not “immune from judicial overview.” Id. Cf. Hyser v. Reed, 115 U.S.App.D.C. 254, 269 , 318 F.2d 225, 240 (1963). … “Dispositional” as used in Shelton clearly contemplates the final revocation hearing mandated by Morrissey v.

United States v. Dillon

943 F. Supp. 2d 30 · District Court, District of Columbia · May 6, 2013

Hence, the first element of the Sell analysis is established. 2. … At oral argument, the defense argued that defendant’s mental illness does not need to be treated at all because, although defendant clearly has delusional thoughts of being a prophet or a god, he does not pose any real

American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board

District Court, District of Columbia · Jun 7, 2020

Thus, each of those provisions too, qualify as substantive for the purpose of the APA’s notice-and-comment prescriptions. … Binding precedents have also clearly established that the agency decides what happens next when all or part of a challenged action has been invalidated. See Cont’l Air Lines, Inc. v.

Baxley v. Wormuth

District Court, District of Columbia · Feb 26, 2024

Under that standard, “the plaintiff has the burden of showing ‘by cogent and clearly convincing evidence’ that the decision was the result of a material legal error or injustice.” Escobedo v. Green, 602 F. … Plaintiff does not currently qualify for or receive veterans’ benefits.

Convertino v. United States Department of Justice

District Court, District of Columbia · Dec 10, 2009

Plaintiff’s position is clearly inconsistent with his earlier position. … These positions are clearly inconsistent with each other.

National Mining Ass'n v. Chao

160 F. Supp. 2d 47 · District Court, District of Columbia · Aug 9, 2001

The Supreme Court did not find that a rule clearly intended to displace APA standards, which unambiguously shifts the burden of proof, would be invalid. … The SSA definition conferred full benefits on each individual qualifying as a wage-earner’s “widow” regardless of any other qualifying individual. See Peabody Coal Co. v.

United States v. Dynamic Visions, Inc.

220 F. Supp. 3d 16 · District Court, District of Columbia · Dec 6, 2016

many of the patient files associated with the claims made by Defendants did not contain “plans of care” as required under applicable regulations, or contained plans of care that were not signed by physicians or other qualified … “It is clearly not necessary that all of these factors be present in a given case to justify piercing the veil.” Labadie, 672 F.2d at 97.

Tomac v. Norton

193 F. Supp. 2d 182 · District Court, District of Columbia · Mar 29, 2002

The Band’s claim of rights and status as a treaty-based tribe, and the need to restore and clarify that status, has been clearly demonstrated. S.Rep. No. 103-266 at 6 (emphasis added). … Marie Tribe, 78 F.Supp.2d at 707; Grand Traverse Band, 46 F.Supp.2d at 699 . 8 I conclude that the taking of land in trust pursuant to the Pokagon restoration act qualifies as the “restoration of lands for an Indian tribe

Smirnov v. Clinton

806 F. Supp. 2d 1 · District Court, District of Columbia · Jul 14, 2011

established for each regional area specified in INA 203(c)(1)(F). … Statute and Regulations Establishing the Diversity Visa Program Count II asserts a separate cause of action under the statute and regulations that establish the diversity visa program: 8 U.S.C. § 1153 and 22 C.F.R

Franklin v. District of Columbia

960 F. Supp. 394 · District Court, District of Columbia · Apr 16, 1997

Where the record clearly establishes deliberate indifference or other constitutional violations, the defendant cannot hide behind a paper shield of departmental orders or program statements that are seldom, if ever, followed … Miller clearly established at trial his extensive familiarity with the defendant’s facilities. TR at 510-17. .

Moura v. New Prime, Inc.

337 F. Supp. 3d 87 · District Court, District of Columbia · Oct 9, 2018

To assist in this necessarily individualized assessment, the First Circuit has held that a plaintiff seeking to establish specific jurisdiction must demonstrate that three conditions are satisfied: First, the claim underlying … However, the court qualified its support for the proximate cause standard: That being said, we are persuaded that strict adherence to a proximate cause standard in all circumstances is unnecessarily restrictive.

Shepperson v. Metro. Prop. & Cas. Ins. Co.

312 F. Supp. 3d 183 · District Court, District of Columbia · May 22, 2018

These facts were held to establish the named insured's household at the premises. Id. … I conclude the exclusion, while clearly expressed, appears prohibited in this circumstance by § 99. Accordingly, Ms.

Mechanics National Bank v. United States Department of Housing

522 F. Supp. 25 · District Court, District of Columbia · Feb 27, 1981

to qualified home buyers. … Imprudent lending practices and submission of false data are clearly adequate grounds.

Grimes v. District of Columbia

630 F. Supp. 1065 · District Court, District of Columbia · Mar 19, 1986

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973), plaintiff attempted to show that he was a member of a protected class or classes (West Indian and male); that he was qualified for, and indeed performed … In short, plaintiff simply failed to establish any disparate treatment of, or discrimination towards, West Indians by the defendants.

Hopkins v. Grant Thornton International Inc.

851 F. Supp. 2d 146 · District Court, District of Columbia · Mar 31, 2012

Breeden, 532 U.S. 268, 273 (2001) (causal connection may be established when time “very close”). It is also noteworthy that Ms. … This hardly qualifies him as an employee in the District of Columbia. Mr.

United States v. Hunter

District Court, District of Columbia · Dec 12, 2017

The Government, accordingly, may prevail by satisfying the following elements: (1) Kelley-Hunter was a U.S. citizen (or other qualified person) at the time of her filing; (2) she had a financial interest in or signatory … To begin, Kelley-Hunter did file previous returns that mentioned foreign accounts, so she clearly knew of the requirement.