Case law

United States v. Article or Device "Hubbard Electrometer"

333 F. Supp. 357 · District Court, District of Columbia · Jul 30, 1971

Accordingly, the Government’s protestations that it is not interfering with religious practice when it seeks to condemn the E-meter and related literature must be qualified. … The extent, storage capacity and recallability of the human memory is finally established by dianetics. 8.

Lance v. Tillman (In Re Tillman)

197 B.R. 165 · District Court, District of Columbia · Jul 3, 1996

In Field , the Court held that the proper level of reliance necessary under § 523(a)(2)(A) is justifiable, rejecting the higher standard of reasonable or no qualifying standard. 3 In so holding, the Court relied on traditional … The debtor’s practice upon Lance’s sentimental vulnerabilities and idiosyncracies is clearly a material misrepresentation.

Perez v. Goldin

360 F. Supp. 2d 12 · District Court, District of Columbia · Sep 30, 2003

In sum, Perez contended in the administrative complaint that NASA had promoted her white co-workers to positions for which she was qualified. 1 Perez now asks this Court to rescind the settlement agreement she entered with … The facts clearly demonstrate that Perez voluntarily entered the settlement agreement with NASA; therefore, recission is unwarranted. See Kessler v. Lincoln Nat’l Life Ins.

COMSAT Corp. v. Finshipyards S.A.M.

900 F. Supp. 515 · District Court, District of Columbia · Sep 15, 1995

The non-resident defendant in Cohane clearly sought out contact with the District of Columbia when it specifically endeavored to make sales in the District. … Having concluded that COMSAT has satisfied all the requirements of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq., and Rule 55(e), Fed.R.Civ.P., on September 13, 1995, this Court entered a Final Judgment for

Parker v. Bank of America, N.A.

99 F. Supp. 3d 69 · District Court, District of Columbia · Apr 16, 2015

Thus, binding precedent in this jurisdiction establishes that a plaintiff must allege that the “policy or practice affects all members of the class” in the same way to establish commonality, and that anything less “is not … Parker has not established that the sham affidavit doctrine-which is clearly tied to the legal standard for summary judgment-applies in the context of class certification. See In re Front Loading Washing Mach.

Fernandez v. Donovan

District Court, District of Columbia · Jan 13, 2011

In response, plaintiff argues that his complaint to the EEO qualifies as a "mixed case complaint" under CSRA, 5 U.S.C. § 7702. PI. Opp'n to Def. 's Mot. Dismiss ("PI. Opp 'n") at 8-11. … regardless of whether one looks outside the pleadings, the result here remains the same. 4  Under Federal Rule of Civil Procedure 12(b)( 1), "the plaintiff bears the burden of establishing

Women Prisoners of the District of Columbia Department of Corrections v. District of Columbia

877 F. Supp. 634 · District Court, District of Columbia · Dec 13, 1994

The women shall receive substantive tutorial guidance in the course work from qualified educators. 75. … Though the unconstitutional conditions may be the same, "the threshold for establishing a constitutional violation is clearly lower for the pretrial detainees." Brogsdale v.

Taylor v. Wells Fargo Bank, N.A.

85 F. Supp. 3d 63 · District Court, District of Columbia · Mar 25, 2015

Plaintiff also alleges that “Wells Fargo illegally, deceptively and/or otherwise unjustly, qualified Plaintiff for a loan which Wells Fargo knew or should have known that Plaintiff could not qualify for or afford . . . … Here, Plaintiff clearly alleges in his Complaint that the settlement for his loan occurred on December 18, 2006.

Rattigan v. Ashcroft

982 F. Supp. 2d 69 · District Court, District of Columbia · Oct 31, 2013

Instead, the Court held that even if the investigation did not qualify as a materially adverse action, the OIO referral could qualify as a materially adverse action under Title VII so long as “Leighton or other OIO officials … At the time the Court of Appeals handed down its rulings this may have been sufficient, but since Nassar, it clearly is not. III.

Shurberg Broadcasting of Hartford, Inc. v. Federal Communications Commission

617 F. Supp. 825 · District Court, District of Columbia · Sep 13, 1985

That application was granted, subject to the conditions that the prospective purchaser be found fully qualified to be a licensee and that the sale become final within 90 days after such qualifications were confirmed. … consideration of Faith Center’s distress sale petition was outside of the actual hearing process for renewal applications, Faith Center’s third request to attempt a distress sale and Shurberg’s petition for extraordinary relief clearly

American Federation of Government Employees v. Rumsfeld

422 F. Supp. 2d 16 · District Court, District of Columbia · Feb 27, 2006

Here, Congress clearly required the Agencies to establish an “independent third party” to review labor disputes. 5 U.S.C. § 9902 (m)(6). … In sum, the regulations establishing the appeals process for adverse actions clearly fail to provide employees with fair treatment and, therefore, are contrary to law. X.

Freedom Watch, Inc. v. Google Inc.

District Court, District of Columbia · Mar 14, 2019

As to Apple and Google, the Plaintiffs have met their burden of establishing standing at this initial stage. … As a result, it held that private companies operating public access television channels can qualify as state actors. Id. at 307.

Common Cause v. Federal Election Com'n

692 F. Supp. 1397 · District Court, District of Columbia · Aug 25, 1988

held that Common Cause is nonetheless correct that the FEC’s failure to regulate improper or inaccurate allocation between federal and nonfederal funds with respect to these activities was contrary to law, since Congress clearly … The court will not countenance further delay simply because regulations cannot be readied in time for November; to do so would reward inaction with further immunity from judicial review.

Sierra Club v. United States Department of Interior

384 F. Supp. 2d 1 · District Court, District of Columbia · Dec 6, 2004

For the first time, the Trustees asserted that their clients qualify as “educational institutions” and should therefore receive a fee waiver. … “To establish that the document is predecisional, the agency need not point to an agency final decision, but merely establish what deliberative process is involved, and the role the documents at issue played in that process

Defenders of Wildlife v. Andrus

77 F.R.D. 448 · District Court, District of Columbia · Jan 10, 1978

It must initially determine whether the party qualifies under the tests set forth in 19(a) as one of those parties which should be joined. … While a general equitable exception has not been established, there is authority for not invoking collateral estoppel if injustice would result.

Center on Corporate Responsibility, Inc. v. Shultz

368 F. Supp. 863 · District Court, District of Columbia · Dec 12, 1973

realized entirely by sponsoring and performing research, conducting educational programs, issuing publications, conducting public interest litigation and other such related activities which the IRS employees indicated were clearly … The establishment of this fact nullifies the validity of the Service’s ruling of May 16.

In Defense of Animals v. United States Department of Agriculture

656 F. Supp. 2d 68 · District Court, District of Columbia · Sep 18, 2009

LSR was judicially estopped from raising this untimely argument that was clearly inconsistent with the position it maintained for years. See In Def. of Animals v. USDA, 589 F.Supp.2d 41, 43 (D.D.C.2008). 5 . … Nor did the defendants establish that Caul-field would be qualified to give such an opinion.

Picur v. Kerry

128 F. Supp. 3d 302 · District Court, District of Columbia · Sep 11, 2015

The agency further explained that it had determined that Picur did not qualify for the “grandfather provision” in the Gambatesa memo because “[the] grandfather provision [was] for only those employees whose total compensation … By its plain terms, this provision clearly indicates that Congress intended for the State Department to base the high three average on the annuitant’s actual basic salary as a historical fact, rather than on what the agency

Dawson v. Eli Lilly and Co.

543 F. Supp. 1330 · District Court, District of Columbia · Jul 28, 1982

A few courts have clearly rejected the necessity for the discovery of wrongdoing. … United States, 659 F.2d 560, 561 (5th Cir. 1981) (“It is well established that the time limitations enacted by Congress in statutes which waive governmental immunity are to be strictly construed in favor of the government

Beach Tv Properties Inc. v. Soloman

District Court, District of Columbia · Jan 29, 2022

ACI may well be entitled to recover these payments to Mac Naughton, but the record it has developed in support of the instant motion does not clearly so establish.7 To sum up, Colley identifies only two categories … Thus, the videos are relevant to the disputes over whether WTHC-LD qualified for Class A status because its programming was locally produced and because it maintained a qualifying main studio.