Case law

Solis v. American Federation of Government Employees

District Court, District of Columbia · Feb 9, 2011

The LMRDA clearly establishes that federal district courts have jurisdiction for LMRDA violations. … Castellano’s failure to pay the correct dues during the period of 1996-2004 and his loss of occupational status as a government employee qualifies as a "fatal" break in union membership.

Long v. Immigration and Customs Enforcement

149 F. Supp. 3d 39 · District Court, District of Columbia · Dec 14, 2015

Thus, records concerning how these databases are constructed and how they operate—like the data itself—clearly have a rational “nexus” to Defendants’ law enforcement duties. … [T]his process is automatic and occurs through a link established between two databases with no tangible extract files.” Wilson Suppl.

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.

Desmarais v. Granholm

District Court, District of Columbia · Aug 16, 2024

Desmarais alleges that, in March 2022, Defendants instituted a “policy demand[ing] religious persons submit to arbitrary COVID-19 testing on a weekly basis, regardless of whether they have naturally acquired immunity or … Desmarais experienced would independently qualify as adverse employment actions, see ECF No. 16, at 9, 11-13. DOE’s delay and Mr.

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.

Environmental Integrity Project v. McCarthy

139 F. Supp. 3d 25 · District Court, District of Columbia · Sep 29, 2015

EPA regulations define the facilities that qualify as “concentrated animal feeding operations” subject to the rules governing point sources. … 55,000 turkeys, and to qualify as “medium,” it must have between 200 and 699 mature dairy cows- or between 16,500 and 54,999 turkeys.

Leopold v. Central Intelligence Agency

106 F. Supp. 3d 51 · District Court, District of Columbia · May 14, 2015

He notes that, unlike the plaintiff in 1 The CIA has also invoked Section 6 of the CIA Act, 50 U.S.C. § 3507, see Lutz Decl., ¶ 20, which Plaintiff does not dispute is a qualifying exemption statute. … This is something it clearly cannot do.

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

Animal Legal Defense Fund, Inc. v. Glickman

943 F. Supp. 44 · District Court, District of Columbia · Oct 30, 1996

There is no question that an organization may have standing in its own right to seek judicial relief from injury to itself and to vindicate the rights and immunities itself may enjoy. … However, while the AWA establishes committees to *54 oversee research facilities, it does not establish the same for exhibitors, which are at the focus of the present complaint.

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. .

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.

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.

Colorado Wild Horse and Burro Coalition, Inc. v. Kempthorne

District Court, District of Columbia · Aug 5, 2009

Plaintiffs have prudential standing because the removal of the West Douglas Herd clearly falls within the zone of interests protected or regulated by the Wild Horse Act. … The first is if title to an excess animal has passed to a qualified individual for adoption or private maintenance. See id. § 1333(d)(1).

Marsh v. District of Columbia Metropolitan Police Department

District Court, District of Columbia · Mar 26, 2026

Courts applying this standard have rejected attempts to establish a qualifying municipal custom based on isolated or thinly supported allegations. See, e.g., Oklahoma City v. … But that scenario does not establish a minimum necessary to allege a Monell claim.

El-Bey v. Mead

District Court, District of Columbia · Oct 26, 2021

Craige clearly knows his conditions of detention—none could argue that he is “likely unaware” of the alleged deprivations he has suffered. Lepelletier, 164 F.3d at 43. … Cir. 1997) (stating that an organizational plaintiff may have standing to sue on its own behalf “to vindicate whatever rights and immunities the association itself may enjoy”).

Bitterman v. Secretary of Defense

553 F. Supp. 719 · District Court, District of Columbia · Dec 14, 1982

This line of authority indicates that it is only in those cases wherein a clearly established constitutional right is alleged to have been violated that the judicial branch of our government should exercise its power of review … This showing plaintiff has clearly failed to make.

Trahan v. Regan

625 F. Supp. 1163 · District Court, District of Columbia · Nov 18, 1985

The statute does not qualify “eases pending” so as to exclude pending fee applications. … In that sense, plaintiffs succeeded on a “significant issue” that achieved “some of the benefit the parties sought in bringing suit”; as such, plaintiffs clearly are “prevailing parties.” 2.

Thompson v. Pope

397 F. Supp. 2d 28 · District Court, District of Columbia · Nov 3, 2005

Because Congress has established a comprehensive statutory scheme governing grievance proceedings under the Foreign Service Act, the court declines to extend a damages remedy under Bivens v. … The defendants filed a motion to dismiss, arguing that they are entitled to qualified immunity. Defs.’ Mot. to Dismiss or for Summ. J. (“Def.’s Mot.”) at 8.

Ali Jaber v. United States

155 F. Supp. 3d 70 · District Court, District of Columbia · Feb 22, 2016

The burden is on the “next friend” clearly to establish the propriety of his status and thereby justify the jurisdiction of the court. Id. at 163-64 , 110 S.Ct. 1717 (internal citations omitted). … Furthermore, it only applies when the challenged conduct occurs within the scope of official duties, see supra, n.4, and it is unlikely that “the most heinous war crimes” would qualify as such.