Case law

Competitive Enterprise Institute v. McCarthy

District Court, District of Columbia · Nov 28, 2022

To “qualify as an agency that exercises substantial independent authority,” a group convened by the President must have a self-contained structure. See Armstrong, 90 F.3d at 559. In Meyer, the D.C. … established lines of authority both among and within the offices.” 90 F.3d at 560.

American Federation of Teachers v. Bullock

605 F. Supp. 2d 251 · District Court, District of Columbia · Mar 31, 2009

On the other hand, the statute of repose is a substantive provision which may not be waived because the time limit expressly qualifies the right which the statute creates. 489 A.2d at 421 (citations omitted). … Peters clearly holds that the notice requirement laid out in § 4-406(f) is a pre-requisite to bringing any claim against IFSB.

Woerner v. United States Small Business Administration

739 F. Supp. 641 · District Court, District of Columbia · Jun 15, 1990

Rather, they claim, persuasively, irreparable injury because the government is immune from damage suits (apart from bid preparation costs) and because HCR is due to graduate from the 2[8](a) program on October 12, 1990 that … The Small Business Act, Sections 2[7](j) and 2[8](a), 15 U.S.C. §§ 636 (j), 637(a), established the Minority Small Business and Capital Ownership Development Program, commonly known as the 2[8](a) program.

Eun-Hee Lee v. United States

651 F. Supp. 1264 · District Court, District of Columbia · Jan 16, 1987

The application requested certification of a manager-trainee position to effectively run the food establishment. … The burden is on the adjustment applicant to establish eligibility and worthiness for relief. Jain v.

GCI Health Care Centers, Inc. v. Thompson

209 F. Supp. 2d 63 · District Court, District of Columbia · Apr 25, 2002

Section 1102.3 states that “it may not be necessary for a provider to actually bill the Medicaid program to establish a crossover bad debt where the provider can establish that Medicaid is not responsible for payment. … Title 9, Chapter 28.”), clearly obligated the State, through its program contractors, to pay for Part B deductible amounts.

Chatman v. Ervin

District Court, District of Columbia · Mar 11, 2020

It does so while noting its difficulty in clearly categorizing Plaintiff’s interrogatories and document requests, as each contained numerous questions veering in different directions. … Gist, whom she alleges was underqualified and unfairly received a position within USDA rightfully belonging to Plaintiff, and Leila Levi, a white woman below forty, who allegedly received a promotion Chatman was well qualified

Ralls Corporation v. Committee on Foreign Investment in the United States

District Court, District of Columbia · Oct 10, 2013

Order Establishing Interim Mitigation Measures, Ex. 4 to Am. Compl. [Dkt. # 20-4] at 2. … Order Establishing Interim Mitigation Measures, Ex. 5 to Am. Compl. [Dkt. # 20-5].

Thompson v. Linda and A., Inc.

779 F. Supp. 2d 139 · District Court, District of Columbia · Apr 29, 2011

the parts of the record relied upon by the plaintiffs do not establish the absence of a genuine dispute. … To see if she qualifies. Q. Okay. And what makes her qualified or not? A. Beauty. Q. Okay. So someone has to be good-looking to work for you? A. Most definitely. Allen Dep. at 29:13-30:1.

Hunter v. District of Columbia Government

District Court, District of Columbia · Nov 15, 2011

Establishing a policy or custom is once again a two-part inquiry: first, the plaintiff must establish the existence of a policy or custom, and second, the plaintiff must show a causal link between the identified policy … City of Huntsville, Ala, 608 F.3d 724, 737 (11th Cir. 2010) (granting officer qualified immunity despite having instructed his fellow officer to arrest the plaintiff, because the defendant lacked authority to order the

Amfac Resorts, L.L.C. v. United States Department of the Interior

142 F. Supp. 2d 54 · District Court, District of Columbia · May 23, 2001

To the contrary, the provisions state quite clearly the conditions under which the concessioners’ duties will change. … Clearly, under the standard concession contract, the NPS cannot terminate the contract at its pleasure. F.

National Ass'n of Retired Federal Employees v. Horner

633 F. Supp. 511 · District Court, District of Columbia · Apr 17, 1986

Rather, their argument is that the plain meaning of the statute providing for COLAs establishes their property right in the COLA. … If Congress is free to reduce or eliminate plaintiffs’ retirement annuities, as it clearly is, acceptance of plaintiffs’ claim would mean that Congress could constitutionally eliminate the entire annuity except for the 3.1%

Kolinske v. Lubbers

516 F. Supp. 1171 · District Court, District of Columbia · Jun 22, 1981

But § 8(a)(3) clearly puts the stamp of congressional approval on agency shop clauses. … established by Congress.

Public Citizen v. Stockman

528 F. Supp. 824 · District Court, District of Columbia · Dec 4, 1981

Further, a balancing of equities clearly favors rejection of the motion for preliminary injunction. … The statute was clearly enacted to safeguard Congress’ interests, not those of private citizens.

Saunders v. District of Columbia

District Court, District of Columbia · May 13, 2010

whether Plaintiff qualified as an employee subject to the provisions of section 142, such that she was an at will employee at the time of her termination. … Plaintiff has therefore clearly alleged that the Special Project Team was tasked with and responsible for “accounting, budget [and/or] financial management.”

Henry v. Azar

District Court, District of Columbia · Feb 8, 2021

Henry requested reconsideration of the contractor’s decision by a qualified independent contractor (“QIC”). See Compl. ¶ 58. … But upon a closer review of the administrative record, this is not clearly the case. In her March 30, 2020 order, the ALJ dismissed Mr.

National Venture Capital Association v. Duke

District Court, District of Columbia · Dec 1, 2017

Shaughnessy, 342 U.S. 580, 589-590 (1952) (noting that foreign policy is “largely immune” from judicial interference, but nonetheless resolving foreign alien’s constitutional objections to policy); Bruno v. … Circuit has not considered whether a “lost opportunity” qualifies as a cognizable injury in the immigration context, other courts of appeals have unanimously concluded that it does.

Chambers v. Office of the Attorney General

District Court, District of Columbia · Jul 24, 2019

that “(a) she is a female; (b) she was qualified for [a] transfer; (c) [the] District . . . had openings in various units and allowed male employees to transfer to those units; (d) [the] District . . . refused to allow [ … However, for example, “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience

Viola v. United States Department of Justice

District Court, District of Columbia · Jun 11, 2019

Cal. 1998), the court explained: Two requirements must be satisfied for materials to qualify as “agency records.” United States Dep’t of Justice v. … “It is well settled that ‘materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record.’” Pike v. U.S. Dep't of Justice, 306 F.

Gordon College v. Small Business Administration

District Court, District of Columbia · May 28, 2025

Springfield Hosp., 28 F.4th at 408-09; see also 15 U.S.C. § 636(a) (establishing Section 7(a) of the Small Business Act); SBA v. … The regulation describing this label change, however, clearly states that an “Administrative Judge means a Hearing Officer, as described at 15 U.S.C. § 634(i).”

Ruffin v. New Destination, LLC

District Court, District of Columbia · Mar 29, 2011

Wage Payment and Collection Law and do not address whether they qualify as employees under the statute and its accompanying regulations. … Because the record clearly shows that Defendant Lyles was not a party to Plaintiffs’ agreements with New Destination, the Court shall dismiss Plaintiffs’ breach of contract claims against Lyles.