Case law

Lin v. Meissner

855 F. Supp. 4 · District Court, District of Columbia · Jun 14, 1994

In this letter, Senator Simon states, "although [Chinese who otherwise qualify for the protections we established against forced return should not be barred because they entered the United States without inspection], I cannot … Clearly, cases can and will be made on both sides of this issue.”

Smith v. Federal Bureau of Investigation

District Court, District of Columbia · Oct 19, 2009

He has therefore not established his entitlement to the confidential source material properly withheld under Exemption 7(D). 2. … All information that “applies to a particular individual” would qualify for consideration under this exemption. U.S. Dep't of State v. Washington Post Co., 456 U.S. 595, 602 (1982); see also New York Times Co. v.

Dl v. District of Columbia

845 F. Supp. 2d 1 · District Court, District of Columbia · Nov 16, 2011

Dunst testified credibly, demonstrated specific knowledge of the relevant literature, and explained clearly how his conclusions were based on both his research and personal experience in the field. 10. … by District of Columbia law]” and that “[a] Child-Find system is established which identifies and locates all children with disabilities . . . .”

Kansas Health Policy Authority v. United States Department of Health & Human Services

798 F. Supp. 2d 162 · District Court, District of Columbia · Jul 22, 2011

The implementing regulations also state that federal funding is only available for inpatient services provide by a qualifying hospital, hospital program, or facility. … To the contrary, KHPA can point to no language in the State plan that clearly supports its position.

In Defense of Animals v. Salazar

District Court, District of Columbia · Dec 23, 2009

The plaintiffs protest that the Wild Horse Act clearly does not permit such long-term holding of horses by BLM, and the Court finds that argument persuasive. … Cir. 2006) (citation and internal quotation marks omitted), it may do so only by clearly identifying the action to be ratified.

Center for Biological Diversity v. Haaland

District Court, District of Columbia · Aug 11, 2023

Second, it claims that FWS is in violation of § 4(c) of the ESA, which requires a review of all species’ listing status at least once every five years, because the analysis in the 2020 delisting rule allegedly did not qualify … But there, FWS concededly had established “a single recovery plan for the grizzly bear” listed species, Ursus arctos horribilis. Reply at 6.

United States v. Ali

870 F. Supp. 2d 10 · District Court, District of Columbia · Jun 15, 2012

The evidence at issue qualifies in all regards, in that it 1) is relevant to 2) Ali’s intent, and 3) is sufficient to show that Ali committed the other acts in question. Id. … Again, however, the Court concludes that these misstatements and omissions were not material to the establishment of probable cause. Even the corrected affidavits would establish a sufficient nexus.

Sabre International Security v. Torres Advanced Enterprise Solutions, Inc.

820 F. Supp. 2d 62 · District Court, District of Columbia · Oct 27, 2011

With regard to the TWISS II claims, Torres fails to clearly indicate at a number of points in its papers whether it is seeking Rule 12(b)(6) dismissal, Rule 56 summary judgment, or both. … Sabre also argues that its allegations establish the existence of a contract under theories of estoppel and promissory estoppel. Sabre Opp’n to MTD 19.

Davis v. United States Federal Bureau of Investigation

District Court, District of Columbia · Jul 3, 2019

The only question, then, is whether the records the FBI withheld qualify as a BSA “report” or “records of reports.” … Davis appears to believe that this sequence of events establishes a FOIA violation.

Environmental Defense Fund v. Thomas

627 F. Supp. 566 · District Court, District of Columbia · Jan 28, 1986

OMB’s authority is qualified by the rule. … Yet declaratory relief is necessary to ensure compliance with the clearly expressed will of Congress.

Moore v. Castro

192 F. Supp. 3d 18 · District Court, District of Columbia · Jun 17, 2016

Because Title VII is the exclusive remedy for federal employment discrimination or retaliation, it is clearly established that aggrieved individuals cannot pursue redress for these harms under 42 U.S.C. § 1985(3), which … Jan. 28, 2008) (delay in assigning a qualified mentor was not an “adverse action” for purposes of Title VII claim).

Biles v. Department of Health and Human Services

931 F. Supp. 2d 211 · District Court, District of Columbia · Mar 21, 2013

Whether or not some of the requested data is publicly available is clearly a “disputed fact” that is both material and a “genuine issue” upon which the case could turn because the public availability of the data would nullify … Biles clearly explains that the 2009 requested data would be stale in light of “major provisions” to the MA program, including a reduction in payments to MAOs, a new formula for MA plan payment benchmarks, a new formula for

Humane Society of the United States v. Vilsack

19 F. Supp. 3d 24 · District Court, District of Columbia · Sep 25, 2013

The party invoking federal jurisdiction bears the burden of establishing standing. Lujan, 504 U.S. at 561. … Put another way: lobbying is what these organizations do, so being prompted to do it can hardly qualify as an injury that confers constitutional standing.

State of Maryland v. United States Department of Education

District Court, District of Columbia · Jul 17, 2020

And “[i]t is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers.” … Harm to any of these state interests—sovereign, quasi-sovereign, or nonsovereign—is sufficient to establish that a state has suffered an injury in fact, see Snapp, 458 U.S. at 601–02, and if it further establishes that

Albra v. Board of Trustees of Miami Dade College

District Court, District of Columbia · Feb 15, 2018

Ltr.”) establishes that the plaintiff was charged in June 2015 with multiple violations of MDC’s code of conduct based on complaints by six female students. … an abuse of discretion, not in accordance with law” and its “own Case Processing Manual,” citing 5 U.S.C. § 706(2)(A); Count III alleges that OCR’s actions were “[c]ontrary to constitutional right, power, privilege, or immunity

Bynum v. District of Columbia

214 F.R.D. 27 · District Court, District of Columbia · Mar 31, 2003

The requirement that a class be clearly defined is designed primarily to help the trial court manage the class. … Reply Br. at 14. 3 Additionally, plaintiffs have demonstrated that their proposed class counsel are qualified to prosecute this action on their behalf.

Beattie v. Trump Shuttle, Inc.

758 F. Supp. 30 · District Court, District of Columbia · Mar 5, 1991

The Court thus finds that the pleadings and affidavits in this matter have established all material facts necessary to determine the liability issues raised by the parties. … Trump contends that it could not hire Beattie because it needed a full contingent of qualified pilots in order to maintain its shuttle operations.

Doe Ex Rel. Tarlow v. District of Columbia

920 F. Supp. 2d 112 · District Court, District of Columbia · Feb 1, 2013

Of course, even rights so fundamental as the right to have children are not absolutely immune from government infringement. … This is especially troubling as “[p]ersons who are mentally ill and incapable of giving informed consent to admission would not necessarily” qualify for involuntary commitment—they might, for instance, not be a danger to

Perry v. U.S. Department of Education

District Court, District of Columbia · Mar 21, 2023

Here, the plaintiff has not satisfied her burden to show that she is entitled to relief under Rule 60(b) because she has not established that the customer service representative’s notification on July 15, 2022, see Pl.’ … Under either scenario, the Court concludes that the information does not qualify as “newly discovered evidence” under Rule 60(b)(2). See Fed. R. Civ.

Florida Health Sciences Center, Inc. v. Azar

District Court, District of Columbia · Jul 7, 2021

Indeed, they simply conclude that the 2013 Rule would maintain the status quo established in the 2004 Rule. … Mar. 28, 2021) (analyzing whether Plaintiffs qualify as small entities under the RFA) (citing Lexmark Int’l Inc. v.