Case law

Airlie Foundation v. Internal Revenue Service

283 F. Supp. 2d 58 · District Court, District of Columbia · Sep 24, 2003

According to defendant, the administrative record clearly demonstrates that the “commercial hue” of plaintiffs conference center activities disqualifies it as a tax exempt organization pursuant to Section 501(c)(8). … The final determination letter underscores the IRS’ proper understanding and application of the “operations test”: You have failed to establish that you are operated exclusively for charitable or educational purposes within

Contreras v. Ridge

305 F. Supp. 2d 126 · District Court, District of Columbia · Feb 26, 2004

Plaintiffs argue that the EEOC decision is entitled to deference, and that, absent a showing that it was “one that Congress clearly would not have sanctioned,” Pis.’ … There is little subtlety to these allegations, and the class counseling report clearly establishes that Contreras complained, on behalf of Hispanic agents with Spanish language capability, about discrimination in promotions

Zano v. Department of Veterans Affairs

District Court, District of Columbia · May 24, 2024

Here, the plaintiff clearly engaged in protected activity when she first “brought these issues [of alleged discrimination] to the Office of Resolution Management [ ] in 2017,” Compl. § III(E), and then filed an EEOC charge … To establish a prima facie case of disability discrimination under the Rehabilitation Act, the plaintiff must allege that “(1) she was a qualified individual with a disability[;] (2) her employer knew of her disability[

Amgen, Inc. v. Scully

234 F. Supp. 2d 9 · District Court, District of Columbia · Dec 26, 2002

Generally, once an item no longer qualifies for pass-through payments, CMS incorporates the cost for that item into the APC for the procedure with which it is associated. … The drug company is clearly not a direct beneficiary of the Medicare Act, as it is not among those eligible for reimbursement of medical expenses under the federal program.

United States Department of Justice v. Federal Labor Relations Authority

875 F.3d 667 · District Court, District of Columbia · Nov 17, 2017

Because the collective bargaining agreement “had established seniority as the sole criterion upon which employees would qualify for leave,” the Authority deemed the proposed leave-swapping policy covered by that agreement … Nevertheless, consolidated relief rosters are clearly within the scope of the assignment procedures covered by Article 18.

BANK OF AMERICA NT & SA v. Riley

940 F. Supp. 348 · District Court, District of Columbia · Sep 30, 1996

The plaintiff banks determined that, when they converted the interest rates on their outstanding Stafford Loans according to this provision, they qualified for special allowances. … Indeed, Congress clearly contemplated the possibility of actions for breach of contract: “The holder of an eligible loan shall be deemed to have a contractual right against the United States, during the life of such loan,

United States v. Hasston, Inc.

75 F. Supp. 3d 101 · District Court, District of Columbia · Dec 1, 2014

Boone, 62 F.3d 323, 325 (10th Cir. 1995) (noting that “a mistaken belief” that the defendant “had consented to the search … rises to the level of a Fourth Amendment violation, [but] it does not qualify as flagrant misconduct … Massa initially refused to testify, but he later agreed after the prosecutor granted him immunity and threatened contempt for any further refusal. See id. at 958-59.

United States v. Cisneros

26 F. Supp. 2d 13 · District Court, District of Columbia · Jun 19, 1998

On November 27 and 28, 1995, Medlar entered into an immunity agreement with the Office of the Independent Counsel. … This assertion clearly lacks the detail and specificity required by Ford .

North Jersey SEC. Sch. v. NAT. ASS'N OF TRADE

597 F. Supp. 477 · District Court, District of Columbia · Nov 20, 1984

Clearly, it is not the place of a federal court to instruct an experienced, professional body in the proper criteria to consider in an accreditation proceeding. … Thus NATTS has not violated the plaintiffs' right to a fair hearing either by violating its own rules or by infringing the generalized standards of due process established by the courts.

Stand Up for California! v. United States Department of Interior

71 F. Supp. 3d 109 · District Court, District of Columbia · Oct 15, 2014

The federal defendants and the Tribe are clearly correct. … J); that “if a referendum petition qualifies for the ballot, the statute will not go into effect until the day following the election, if at all,” id.; and that since a referendum had qualified for the November 2014 California

Arias v. DynCorp

856 F. Supp. 2d 46 · District Court, District of Columbia · Mar 28, 2012

The defendants have not established that justice requires reconsideration. II. … In the discovery context, when qualified privilege is properly raised, the litigant’s need is a key factor.

United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry v. Thornburgh

768 F. Supp. 375 · District Court, District of Columbia · Aug 7, 1991

For purposes of this litigation, an immigrant may be defined as an alien entering the United States with the intention of establishing permanent residence. See id. § 1101(a)(15). … An H-2B visa may be issued only upon (1) A certification from the Secretary of Labor stating that qualified workers in the United States are not available and that the alien’s employment will not adversely affect wages and

Parker v. United States Department of Justice, Office of Professional Responsability

214 F. Supp. 3d 79 · District Court, District of Columbia · Oct 12, 2016

First, Exemption 6 encompasses only “clearly unwarranted” invasions of privacy, while Exemption 7(C) omits the adverb “clearly.” Id. … He further maintains that “the public has a very significant interest in knowing whether” AUSAs “are qualified and licensed to practice law” because if they are not, the interests of the United States, its agencies, and

Fort Sill Apache Tribe v. National Indian Gaming Commission

District Court, District of Columbia · Apr 30, 2020

Nor do the connections established clearly indicate that Akela Flats has maintained its significance in the eyes of tribal members. … Second, the Tribe argues that Akela Flats qualifies as restored lands. (Pl.’s Resp. at 17– 20.)

Federation for American Immigration Reform v. Klutznick

486 F. Supp. 564 · District Court, District of Columbia · Feb 26, 1980

While that case clearly established that even a very small “concrete injury,” amounting to a slight dilution of the weight of a single vote, is sufficient to support standing, the case equally clearly required that the plaintiffs … State districts drawn strictly on the basis of population would clearly be constitutional, Reynolds v.

United States v. Cornelia

District Court, District of Columbia · Nov 24, 2020

Rice has a BMI of 39.45, which clearly puts her at risk under CDC guidelines. See Mot. at 4. Yet, it is difficult to say that this presents an extraordinary and compelling reason for compassionate release. … Conclusion As Rice has not established extraordinary and compelling circumstances warranting compassionate release, the Court will deny her Motion.

Kiakombua v. McAleenan

District Court, District of Columbia · Oct 31, 2020

Per the applicable regulations, “[t]he burden of proof is on the applicant for asylum to establish that he or she is a refugee[,]” and the noncitizen “may qualify as a refugee either because he or she has suffered past … Finally, the INA and its implementing regulations make clear that even those noncitizens who establish that they are eligible for asylum because they qualify as refugees are not entitled to asylum under U.S. law.

Hammon v. Barry

606 F. Supp. 1082 · District Court, District of Columbia · Apr 1, 1985

Kaiser established a training program to train its production workers to fill craft openings. … Without admitting discrimination, the consent decree established an interim hiring goal of 50% of the Department’s job vacancies with qualified blacks, and it attempted to ensure that 20% of the promotions in each job category

Murphy v. PRICEWATERHOUSECOOPERS, LLP

357 F. Supp. 2d 230 · District Court, District of Columbia · Sep 27, 2004

With regard to the failure to promote claims, the issue of what claims were timely filed can clearly be determined from the plaintiffs’ administrative charges without extensive discovery. … Third, PwC argues that the plaintiffs have not also established a prima facie case for “disparate treatment.” Id. at 33.

Williams v. District of Columbia

825 F. Supp. 2d 88 · District Court, District of Columbia · Oct 19, 2011

Absent a “clearly expressed intent to the contrary,” courts will “presume that the amendment does not apply retroactively.” Tippett, 10 A.3d at 1131 . … These principles are well-established and non-controversial.