Case law

Benjamin v. Rosenberg & Associates, LLC

District Court, District of Columbia · Aug 13, 2024

Cir. 2016) (quotation omitted), the Court will not disregard specific evidence, if any, that Benjamin has clearly identified in her opposition brief as responsive to a particular statement of material fact set forth in … Wolpoff & Abramson, 485 F.3d 226, 229 (4th Cir. 2007) (rejecting a debt collector’s argument that it had common law immunity from an FDCPA claim premised on statements it made in court).

Smith v. United States

522 F. Supp. 2d 233 · District Court, District of Columbia · Nov 29, 2007

Hashimoto’s inaction does not qualify as ineffective assistance of counsel under Strickland. See 466 U.S. at 694 , 104 S.Ct. 2052 . C. … Yet, the supervised release portion of petitioner’s sentence was both legal and clearly conveyed to petitioner during the plea agreement hearing. (See Plea Tr. 9:8-11.)

100reporters LLC v. United States Department of Justice

248 F. Supp. 3d 115 · District Court, District of Columbia · Mar 31, 2017

Cir. 1973) (“If the factual nature of the documents were so clearly established on the record, then the court would inquire no further and would make the legal ruling as to whether they fit within the defined exemption … First, Exemption 6 “encompasses ‘clearly unwarranted’ invasions of privacy, while Exemption 7(C) omits the 59 adverb ‘clearly.’” Id.

Young v. COVINGTON & BURLING LLP

740 F. Supp. 2d 17 · District Court, District of Columbia · Sep 21, 2010

The party invoking federal jurisdiction bears the burden of establishing these three elements of standing. Id. … Comp. ¶ 4, does not aid her attempt establish standing.

Shelton v. Babbitt

921 F. Supp. 787 · District Court, District of Columbia · Apr 26, 1994

However, upon closer examination, the charges regarding that trip illuminate most clearly the anti-EEO, and inferentially, possibly an anti-black, bias that animated from Mr. Ary and others under his command. When Ms. … A prima facie case is established if the plaintiff shows that (1) he is a member of a protected class; (2) he was qualified for his position; (3) he was discharged [actually or constructively] from that position and (4) similarly

In Re: Application of International Mineral Resources B v. for an Order to Take Discovery Pursuant to 28 U.S.C.1782

District Court, District of Columbia · Jul 28, 2015

contends that "[n]o court has ever held, as IMR asks this Court to do, that the crime-fraud exception - 7 - invalidates Rule 26(b) (4) (D) immunity … Akhmetshin's engagement letter clearly states that he was hired to work on ECVK's behalf. Akhmetshin Deel., Ex. A at 1 [Dkt.

Steele v. United States

District Court, District of Columbia · Sep 25, 2023

Clearly, plaintiffs’ efforts to confer were more than “perfunctory.” Pogue, 235 F.R.D. at 529. … Although foreign preparers will not have their nonexistent Social Security numbers stolen, they are not necessarily immune from identify theft.

Conway v. United States Internal Revenue Service

447 F. Supp. 1128 · District Court, District of Columbia · Jan 12, 1978

More significantly, defendant’s argument is clearly contrary to the intent of FOIA. … After setting forth that factual background, the documents then discuss whether the tax qualifies as a foreign tax creditable to the taxpayer’s tax liability under the United States Internal Revenue Code.

Environmental Integrity Project v. United States Environmental Protection Agency

177 F. Supp. 3d 36 · District Court, District of Columbia · Mar 29, 2016

Under this interpretation, EPA cannot withhold the data from disclosure here because the agency concedes that at least some of the data was collected under its § 1318(a) authority and because it agrees that none qualifies … But Congress may also preempt the APA if it “has established procedures so clearly different from those required by the APA that it must have intended to displace the norm.” Asiana Airlines, 134 F.3d at 397.

National Treasury Employees Union v. United States of America

District Court, District of Columbia · Mar 16, 2020

The Department of Justice (“DOJ”) provides its own guidance as to what types of activities qualify as exceptions. … To establish that claims are “capable of repetition,” plaintiffs must show “a reasonable expectation or demonstrated probability that the action will recur;” “[a] theoretical possibility,” however, “is not sufficient to qualify

Center for Medical Progress v. U.S. Department of Health and Human Services

District Court, District of Columbia · Sep 3, 2022

Pl.’s Opp’n at 9–12; Pl.’s Reply at 2–7. 12 Under what has been termed the “public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent … These declarations provide a firm foundation for establishing defendant’s confidentiality claim.

Tuite v. Henry

181 F.R.D. 175 · District Court, District of Columbia · Jul 31, 1998

The federal law enforcement privilege is a qualified privilege designed to prevent disclosure of information that would be contrary to the public interest in the effective functioning of law enforcement. … An assessment of the relevant factors clearly shows that although the law enforcement privilege is qualified, it is a privilege that plaintiffs are incapable of overcoming in this case.

Democracy Partners, LLC v. Project Veritas Action Fund

District Court, District of Columbia · Oct 14, 2021

The presence of a valid, non-tortious purpose does not immunize a defendant from liability under the wiretap statutes if that defendant also has a tortious purpose that is “the primary motivation” or “a determinative factor … EVID. 401, and therefore, they have failed to establish that evidence connecting defendants to Mr. Trump is relevant on this basis.

United States v. Jackson

756 F. Supp. 23 · District Court, District of Columbia · Feb 12, 1991

Jackson qualifies for a 4 point reduction in offense level due to her minimal role in the offense. Ms. Jackson is addicted to crack cocaine. … It is itself a factual determination, and enjoys the protection of the “clearly erroneous” standard. That factual determination turns upon culpability, not courier status ....

Paulk v. Architect of the Capitol

79 F. Supp. 3d 82 · District Court, District of Columbia · Feb 3, 2015

Under the McDonnell Douglas framework, the complainant had to establish a prima facie' case of discrimination. See id. at 802 , 93 S.Ct. 1817 . … Bd. of Governors, 709 F.3d 19, 26 (D.C.Cir.2013) (finding no pretext where the panelists “were unable to clearly articulate the factors” supporting their decision).

Committee to Defend the United States Constitution v. Moon

776 F. Supp. 568 · District Court, District of Columbia · Oct 30, 1991

Applying RICO to disputes between two wholly illegitimate enterprises would lead to results clearly not intended by Congress. … Clearly, the plaintiff now agrees with that substantive position.

Gaffney v. United States

834 F. Supp. 1 · District Court, District of Columbia · Aug 10, 1993

Recognizing that some essentially arbitrary test would be required to identify those employees who qualify, plaintiffs propose that all employees who were regularly scheduled to receive premium or overtime pay for each of … The phrase "pay rate" clearly suggests a single, set rate, which can only be an employee's base pay rate.

In re Apollo Group, Inc.

251 F.R.D. 12 · District Court, District of Columbia · Jun 20, 2008

Woodward’s Declarations clearly establish that the OGC attorneys directing the Program Review relied heavily upon information provided by the qui tam relators— who were already involved in litigation against Apollo — in devising … The scope of the informer’s identity privilege was established in Roviaro v.

Raymen v. UNITED SENIOR ASS'N, INC.

409 F. Supp. 2d 15 · District Court, District of Columbia · Jan 20, 2006

Clearly the issues of same-sex marriage and support for the military are issues of public concern and both have been widely discussed in the media. … Caraway, *25 1986 WL 12529 , at *3-A. 9 In this case, the photograph of the plaintiffs is clearly related to matters of public concern.

North American Catholic Educational Programming Foundation, Inc. v. Womble, Carlyle, Sandridge & Rice, PLLC

887 F. Supp. 2d 78 · District Court, District of Columbia · Aug 24, 2012

If the FCC received more qualified applicants than available channels in a particular geographic market, the FCC resolved the mutually exclusive applications through a comparative point system. … The amended complaint’s breach of fiduciary duty claim is clearly duplicative of its legal malpractice claim.