Case law

Wamai v. Republic of Sudan

60 F. Supp. 3d 84 · District Court, District of Columbia · Jul 25, 2014

To establish a prima facie case of intentional infliction of emotional distress under D.C. … Beatrice Martha Kithuva, Elizabeth Maloba, Margaret Maloba, and Josinda Katumba Kamau) to be immediate family 8 The special master’s report on two of the plaintiffs, Titus Wamai and Diana Williams, shows clearly

Morales v. Gotbaum

District Court, District of Columbia · Apr 17, 2012

qualified candidate” for the position, he should have been interviewed, id … Plaintiff claims that he was “clearly more qualified” than Mr. O’Neill, id. ¶ 151, because O’Neill did not meet the minimum education requirement for the position, id. ¶¶ 153–55.

United States Ex Rel. Purcell v. MWI Corp.

520 F. Supp. 2d 158 · District Court, District of Columbia · Nov 6, 2007

This hardly qualifies as the sort of specific knowledge of the identity of a witness required to excuse a failure to disclose. Cf. Bell v. Gonzales, 2005 WL 3555490 , at *7 (D.D.C. … The requirement that an applicant divulge any payment that was not a “regular commission” clearly furthered Ex-Im’s statutory purposes.

National Treasury Employees Union v. Yeutter

733 F. Supp. 403 · District Court, District of Columbia · Jan 18, 1990

These decisions have established certain general principles. … It is similarly impossible to determine at this stage whether any of the represented employees “would fit the definition of ‘qualified handicapped persons' " under the Act. Id.

Heily v. United States Department of Defense

896 F. Supp. 2d 25 · District Court, District of Columbia · Oct 9, 2012

permitting claims by employees of exempted intelligence agencies who were previously covered by the provisions of the statute if they have continued to serve in the position without a break in service indicates that “Congress clearly … “Consequently, where a plaintiff fails to allege sufficient facts to rebut the certification, the United States must be substituted as the defendant because the federal employee is absolutely immune from suit.”

Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture

District Court, District of Columbia · Mar 28, 2025

Moreover, because R-CALF bears the burden of establishing standing, the USDA is entitled to summary judgment if it can show that R-CALF “cannot establish the required elements of Article III standing based on the record … Although R-CALF does not clearly distinguish between them, its arguments take two distinct forms.

NATIONAL FEDERATION, ETC. v. Brown

481 F. Supp. 704 · District Court, District of Columbia · Nov 20, 1979

Clearly, disposition by summary judgment is appropriate in this case. … The lead agency is thus clearly directed to act as more than a conduit for the gathering of information.

American Hospital Ass'n v. Bowen

640 F. Supp. 453 · District Court, District of Columbia · Jul 16, 1986

To qualify as a PRO an entity must be composed of a sufficient number of physicians practicing in the PRO area to carry out the requisite review functions. 42 U.S.C. § 1320c-l. … This hardly demonstrates that HHS was revising its interpretation of already existing obligations; rather, HHS clearly employed IM85-2 to make policy and implement the program.

Association of Civilian Technicians, Inc. v. United States

601 F. Supp. 2d 146 · District Court, District of Columbia · Mar 4, 2009

Federal Rule of Civil Procedure 12(b)(1) Under Rule 12(b)(1), the plaintiff bears the burden of establishing that the court has jurisdiction. Grand Lodge of Fraternal Order of Police v. … of which provide a waiver of sovereign immunity.

Milligan v. Pompeo

District Court, District of Columbia · Sep 2, 2021

cases in which the effects of an injury were not eradicated [by voluntary cessation], and thus kept the controversy alive, ‘some tangible, concrete effect, traceable to the injury, and curable by the relief demanded, clearly … Plaintiffs have not established that either predicate for applying the exception is present here.

Maldonado v. Loglogic, Inc.

District Court, District of Columbia · Jul 14, 2009

Generally, a prima facie case of discriminatory discharge requires a showing that: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she was discharged; and (4) she was replaced by a … However, plaintiff contends that an analysis as to whether she can establish a prima facie case is not appropriate at the summary judgment stage. (Pl.’s Opp’n to Def.’s Mot. for Summ. J., 13.)

Munitions Carriers Conference, Inc. v. United States

932 F. Supp. 334 · District Court, District of Columbia · Jun 19, 1996

To establish constitutional standing as required by Article III, the plaintiffs must have suffered an “injury in fact.” … Perhaps the distinction drawn by the lawmakers between the APA and § 418b refers to some of the qualifying substantive language in § 418b, which is discussed below but does not affect the standing question. 2.

Andrades v. Holder

939 F. Supp. 2d 11 · District Court, District of Columbia · Apr 16, 2013

You clearly are capable but I wanted to balance how I fill my positions here. If any new position becomes available I will welcome your application for consideration. … Andrades for this position prevented him from becoming qualified for further promotions, a “materially adverse consequence[] affecting the terms, conditions, or privileges of . . .

United States v. Robinson

District Court, District of Columbia · Apr 8, 2021

As the moving party, the defendant bears the burden of establishing that he is eligible for a sentence reduction under § 3582(c)(1)(A). Id. … that these risks are so great to qualify as an extraordinary and compelling circumstance warranting his release.

United States v. Harrington

808 F. Supp. 883 · District Court, District of Columbia · Dec 18, 1992

Defendant’s counsel represents, without contradiction, that Harrington is now qualified for, and intends to take, the examination to become a certified addictions counselor in the District of Columbia. … U.S.S.G. § 3El.l(a) permits a two-level reduction in offense level ”[i]f the defendant clearly demonstrates acceptance of responsibility for his offense.” 4 .

Detroit International Bridge Company v. Government of Canada

133 F. Supp. 3d 70 · District Court, District of Columbia · Sep 30, 2015

The Supreme Court has noted with approval that this Court, like many others, does not feel “qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying … Moreover, Plaintiffs have not identified any federal statute that clearly limits State’s approval, on the President’s behalf, of bridge permits to those that are supported by governance agreements that are valid under state

Bartko v. United States Department of Justice

District Court, District of Columbia · Dec 18, 2015

First, while Exemption 6 encompasses “clearly unwarranted” invasions of privacy, Exemption 7(C) omits the adverb “clearly.” See id. … Public-Domain Doctrine Plucking another arrow from his quiver, Bartko, in the alternative, invokes the public- domain doctrine, under which “materials normally immunized from disclosure under FOIA lose their protective

Porter v. Astrue

951 F. Supp. 2d 125 · District Court, District of Columbia · Jun 28, 2013

Disability Determinations To qualify for SSI under the Social Security Act, a claimant must establish that she is “disabled.” 42 U.S.C. § 1382(a)(1). … In addition, modifying an opinion because the ALJ “clearly disagreed” with its conclusion militates against granting great weight to that opinion above those of treating physicians. See Def.’s Obj. at 5-6.

Young v. Covington & Burling, LLP

846 F. Supp. 2d 141 · District Court, District of Columbia · Mar 6, 2012

The plaintiff acknowledges that she was clearly advised later by Mr. Davies that her promotion from the staff attorney position was not a possibility. Specifically, the plaintiff explains that while meeting with Mr. … has the ultimate burden of establishing that the reason asserted by the employer is pretext for retaliation."

Beltranena v. Clinton

District Court, District of Columbia · Oct 21, 2011

Grafeld’s Third Declaration successfully establishes the adequacy of the 20 Department’s searches in response to Mr. Beltranena’s FOIA request. … The record clearly demonstrates a good faith effort on 2 3 the part of the Department to respond to Mr.