Case law

U.S. Securities and Exchange Commission v. E-Smart Technologies, Inc.

85 F. Supp. 3d 300 · District Court, District of Columbia · Mar 30, 2015

Smith and Greiner are equally qualified. … And as CTO, Saito was clearly the party with “ultimate authority” over e-Smart’s technology claims.

Monique C. Davis v. Andrew M. Saul

District Court, District of Columbia · Aug 24, 2022

Although the ALJ found Plaintiff’s MS to be a qualifying disability, he considered the symptoms of Plaintiff’s MS minor. … Nor would a person absent “from work two days per month regularly” qualify for competitive work.

National Fair Housing Alliance, Inc. v. Prudential Insurance Co. of America

208 F. Supp. 2d 46 · District Court, District of Columbia · Jul 9, 2002

Plaintiffs argue that the 1989 HUD regulations clearly establish that the sale of homeowners insurance is covered by section 3604 of the FHA. … Prudential clearly has control over the practices and policies at issue here.

Cofield v. City of LaGrange

913 F. Supp. 608 · District Court, District of Columbia · Jan 24, 1996

‘would constitute a clearly unwarranted invasion of personal privacy’ under 5 U.S.C. § 552 (b)(6)”). … Under this qualified privilege, the government may withhold the identity of an informer who furnishes information to the government. Roviaro, 353 U.S. at 59 , 77 S.Ct. at 627 .

Burford v. Krause

89 F. Supp. 818 · District Court, District of Columbia · Mar 29, 1950

With regard to the complaint of unlawful eviction, despite the diligence of counsel, no case has been cited in the District of Columbia which is clearly in point. … At common law the landlord could use any force necessary to expel the tenant holding over after expiration of a lease, but this has been qualified to prevent physical violence, force and breach of the peace.

Blackie's House of Beef, Inc. v. Castillo

480 F. Supp. 1078 · District Court, District of Columbia · Oct 3, 1979

The Supreme Court pronouncements relied on here did not so “clearly establish” any duty with respect to the completeness and particularity of warrants that defendants’ actions could fairly be attributable to malice or bad … The principles controlling the validity of the warrant at issue here have been clearly stated by the Supreme Court in a number of recent decisions.

United States v. Harmon

District Court, District of Columbia · Dec 24, 2020

Sep. 23, 2015) (finding bitcoin qualified as “funds” for purposes of 18 U.S.C. § 1960); United States v. Faiella, 39 F. … Supp. 3d 544, 545 (S.D.N.Y. 2014) (“Bitcoin clearly qualifies as ‘money’ or ‘funds’ under these plain meaning definitions” for purposes of operating an unlicensed money transmitting business in violation of 18 U.S.C. §

United States v. Crummy

249 F. Supp. 3d 475 · District Court, District of Columbia · Apr 20, 2017

See id. at 60508; see also id. at 605 (“[T]he Sentencing Commission speaks clearly when it wants to exempt specific types of cases from the default practice of crediting against loss the value of services rendered by the … Notably, and perhaps unfortunately, there is no evidence in the instant matter of any of these types of losses, but the Guidelines and various precedents do clearly indicate that there can be pecuniary loss under these

Osseiran v. International Finance Corp.

889 F. Supp. 2d 30 · District Court, District of Columbia · Jul 31, 2012

In sum, Osseiran has failed to establish a triable issue that IFC made a definite promise that reasonably induced him to rely to his detriment. 4 II. … IFC's claim that it was immune from suit also was denied. Id. at 143-145 , aff'd, 552 F.3d 836 (D.C.Cir.2009). . The background of this case is discussed more fully in Osseiran v. Int’l Fin.

United States v. Suggs

146 F. Supp. 3d 151 · District Court, District of Columbia · Nov 24, 2015

As a party to three of the five truck bug conversations, Suggs clearly has standing to object to their admission. … Pen register evidence established that the call was to Suggs.15 (Id. at 49-50.)

District of Columbia v. Jth Tax

District Court, District of Columbia · Jan 9, 2023

DISCUSSION Plaintiff first argues that Defendant Liberty Tax has failed to meet its burden of establishing subject matter jurisdiction. Pl.’s Mot. at 6. … But the District’s Complaint clearly seeks additional relief, which Defendant first ignores and later downplays. See Def.’s Opp’n at 10, 12–13.

U.S. Commodity Futures Trading Commission v. McGraw-Hill Companies, Inc.

507 F. Supp. 2d 45 · District Court, District of Columbia · Aug 27, 2007

Therefore, when conducting the balancing test, the court takes a more qualified view of the privilege than would be appropriate in a purely civil case. 2. … To establish that illicit activity may have occurred in the year '2006, the Commission’s proffered evidence — the statement of an employee with relevant knowledge — clearly will suffice.

Conservation Force v. Jewell

District Court, District of Columbia · Sep 2, 2014

Exemption 6 protects “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. §552(b)(6). … The privilege is also limited to documents that qualify as “deliberative,” meaning that “it reflects the give-and-take of the consultative process.” Id.

Vento v. Internal Revenue Service

District Court, District of Columbia · Jun 2, 2010

I turn now to the two documents which do not clearly represent an attorney-client communication: Bates ## 00242 and 00457-461. … Pre-decisional documents must also be deliberative to qualify for the privilege. Id.

Covad Communications Company v. Revonet Inc

258 F.R.D. 17 · District Court, District of Columbia · May 29, 2009

Covad also argues that it should not be required to answer questions about Revonet’s conduct when clearly Revonet is in a better position to determine what it has or has not done. … The Federal Rules of Civil Procedure clearly proscribe consequences for failures to comply with the rules pertaining to discovery.

Benn v. UNISYS Corp.

176 F.R.D. 2 · District Court, District of Columbia · Oct 20, 1997

The Plaintiff further alleges he “has presented Unisys position charts which clearly delineate employees whose positions were considered on the same level as the Plaintiffs.” [Pl’s opp. 7]. … Joseph Santamaría, Vice President and General Manager of IT, felt IT needed a new marketing approach, created “Alternate Channel Marketing”, and believed Benn to be uniquely qualified for the position.

Robertson v. Cartinhour

867 F. Supp. 2d 37 · District Court, District of Columbia · Mar 16, 2012

“For the absolute immunity of the privilege to apply, two requirements must be satisfied: (1) the statement must have been made in the course of or preliminary to a judicial proceeding; and (2) the statement must be related … See 18 U.S.C. § 1961 (listing offenses that qualify as predicate acts which constitute racketeering activity). 20 “[C]ontinuity” refers ‘either to a closed period of repeated

James Madison Ltd. ex rel. Hecht v. Ludwig

868 F. Supp. 3 · District Court, District of Columbia · Oct 28, 1994

Clearly, the Court would have been particularly unwilling to subject bank regulators to judicial second-guessing during this time period. … . § 191 is highly discretionary, it is not immune from judicial review.

Carson v. Sim

District Court, District of Columbia · Apr 22, 2011

Nor must a Title VII complaint contain facts establishing a prima facie case. Twombly, 550 U.S. at 569 (citing Swierkiewicz v. Sorema N. A., 534 U.S. 506, 508 (2002)). … Compl. ¶ 15), denied him entry into training programs that would qualify him for permanent promotion to positions to which he was temporarily appointed (Am.

In re the United States ex rel. Smithsonian Institution

485 F. Supp. 1222 · District Court, District of Columbia · Jan 31, 1980

He and the Smithsonian were clearly anxious to secure the gift of stock and were willing to accept the terms imposed by Mr. Johnson. … Both organizations qualify as distributees on dissolution under Article D of the School’s Certificate of Incorporation.