Case law

Tuaua v. United States of America

951 F. Supp. 2d 88 · District Court, District of Columbia · Jun 26, 2013

Thus, the key question becomes whether American Samoa qualifies as a part of the "United States" as that is used within the Citizenship Clause. 8 8 The Court is also guided by the familiar principle that '" [p ]roper … I, § 8, cl. 4 (Congress may "establish an uniform Rule ofNaturalization .... ").

Holland v. Acl Transportation Services, LLC

815 F. Supp. 2d 46 · District Court, District of Columbia · Jul 26, 2011

P. 12(b)(1), a plaintiff bears the burden of establishing that the court has jurisdiction to hear his claims. … Here, defendant has not succeeded in its "uphill battle" of establishing that transfer to the Eastern District of Missouri is warranted.

In Re Guantanamo Detainee Cases

355 F. Supp. 2d 443 · District Court, District of Columbia · Jan 31, 2005

The unclassified evidence also establishes that Mr. … While these facts may be probative and could be used to bolster the credibility of other evidence, if any, establishing actual activities undertaken to harm American interests, by themselves they fall short of establishing

Gaujacq v. Electricite De France International North America, Inc.

572 F. Supp. 2d 79 · District Court, District of Columbia · Aug 21, 2008

of establishing that the reason asserted by the employer is pretext for retaliation.” … EDF also wanted Gaujacq to work on a new nuclear project in France developing a series of nuclear reactors, an important project for which she was particularly well qualified.

Reshard v. Slater

District Court, District of Columbia · Apr 7, 2010

The Court agrees that the plaintiff cannot established a retaliation claim based on the defendant's issuance of the letter of remand either. … Moreover, the plaintiff has not established that a law degree was necessary to perform the job of an economist, which if that were the case might demonstrate that she was more qualified for the promotion than was the individual

Duran v. Andrew

District Court, District of Columbia · Apr 5, 2010

The burden of presenting sufficient facts to establish the privilege rests with the party claiming it. Id. … Feb. 25, 2009) (commenting that no witness can claim immunity as to facts)). See generally Harding v. Dana Transport, Inc., 914 F.

Shell Oil Co. v. Kreps

445 F. Supp. 1128 · District Court, District of Columbia · Mar 6, 1978

The House report indicates clearly, however, that the reason the Committee on Merchant Marine and Fisheries omitted the explanatory language was not to limit the Secretary’s Title XI financing authority to one type of CDS … Analysis of the Act and its legislative history indicates clearly that the protection of unsubsidized vessels from the “unfair” competition of subsidized vessels is one of the cornerstones of the statutory scheme.

Simon v. United States Department of Justice

752 F. Supp. 14 · District Court, District of Columbia · Jan 3, 1991

Although it is well established that “ ‘disclosure, not secrecy, is the dominant objective of [FOIA],’ ” John Doe Agency v. … Moreover, the burden is on the agency to establish that one of FOIA’s exemptions shields the requested information from disclosure. Id. (quoting § 552(a)(4)(B)).

Topuridze v. United States Information Agency

772 F. Supp. 662 · District Court, District of Columbia · Aug 20, 1991

The Court reasoned: [The Privacy Act] clearly states that an individual is entitled to his record, as well as to other information that pertains to him. … The Court ruled that release of the document by USIA might require permission of the author only if the document were "about” the author, Slip. op. at 4, and concluded that the document could not qualify as being "about”

Rise v. Bagshaw

District Court, District of Columbia · May 13, 2025

. § 1983 does not contain a waiver of sovereign immunity for official-capacity suits against federal officials. See generally Official Capacity Mot. … The Amended Complaint clearly alleges that both the MPD and USCP forcefully cracked down on the plaintiffs’ protest at the same time, alongside one another, and using similar means.

Ananiev v. Freitas

37 F. Supp. 3d 297 · District Court, District of Columbia · Apr 11, 2014

“A dispute does not fall within the subject- matter jurisdiction of federal courts unless it qualifies as a ‘case’ or ‘controversy’ within the meaning of article III, and it cannot so qualify unless the plaintiff has suffered … The plaintiff restates many of his factual allegations and refers to numerous sources of law, but does not clearly elucidate a specific claim under any of those sources.

Estate of Salvador Buruca v. District of Columbia

902 F. Supp. 2d 75 · District Court, District of Columbia · Nov 6, 2012

District of Columbia, 930 A.2d 930, 939 (D.C. 2007) (“We will assume, without deciding, that where a plaintiff establishes a prima facie case of assault and battery and the officer invokes the qualified privilege as an … EVID. 701(b) (requiring testimony to be “helpful to clearly understanding . . . a fact in issue”).

Alsawam v. Obama

764 F. Supp. 2d 11 · District Court, District of Columbia · Jan 18, 2011

To qualify as “officially acknowledged,” information must meet three separate criteria: First, the information requested must be as specific as the information previously released. … First, while the article clearly states that an unspecified number of the military officials “spoke anonymously because much about the two detainees remains classified,” it does not indicate whether those who did not speak

Hunt v. D.C. Department of Corrections

41 F. Supp. 2d 31 · District Court, District of Columbia · Mar 26, 1999

Hunt to show that: (1) she is over 40 years of age; (2) she applied for and was qualified for a position; (3) she was not hired for that position; and (4) someone younger than she was hired for the position or the employer … Plaintiff must establish that the pattern of discrimination continued into the relevant period of the statute of limitations by establishing that at least one discriminatory event occurred within the statute of limitations

Petition of US on Behalf & for Ben. of Smithson.

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.

Long v. Howard University

439 F. Supp. 2d 68 · District Court, District of Columbia · Jul 17, 2006

A non-moving party, however, must establish more than the “mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 . … As explained above— and as the statutory text clearly states— the burden of proving a fundamental alteration rests with the defendant.

National Ass'n of Home Builders v. United States Environmental Protection Agency

731 F. Supp. 2d 50 · District Court, District of Columbia · Aug 18, 2010

In this letter, the EPA affirmed earlier determinations made by the Corps’ Los Angeles District that the two reaches qualified as TNWs. 3 Compl. ¶ 4; EPA TNW Determination at 1. … The very reason that the CWA precludes preenforcement review of TNW determinations is that it clearly provides for judicial review of them in enforcement proceedings, see S.

Brown v. Pro Football, Inc.

839 F. Supp. 905 · District Court, District of Columbia · Dec 13, 1993

Filing Fees As a routine court cost, filing fees are clearly taxable. Plaintiffs may recover this cost. … This court does not need to decide whether enforcing the antitrust laws through private suits qualifies as a “public interest motive” for the purposes of SOCM, because plaintiffs have failed to establish SOCM’s second prong

National Security Counselors v. Central Intelligence Agency

898 F. Supp. 2d 233 · District Court, District of Columbia · Oct 17, 2012

Circuit’s decision in Sinito established a limited right to transfer interests in FOIA requests. … On that question, the defendant clearly has the better of the argument.

Ransom v. Dorko

District Court, District of Columbia · Mar 20, 2025

Although the pleadings do not clearly allege specific constitutional violations, Plaintiff has purported to bring a Bivens action, and the Court will analyze it in the light most favorable to Plaintiff. … Again, a mere association with the agency or a supervisory role is not sufficient to establish liability under Bivens.