Case law

Rudder v. District of Columbia

890 F. Supp. 23 · District Court, District of Columbia · Jun 26, 1995

By Memorandum Opinion and Order entered September 6, 1994, the Court' dismissed the Plaintiffs' claims against individual Defendants McCaffrey and Fleming on qualified immunity grounds. … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), to establish a prima facie case, a plaintiff must prove “(1) that he belongs to a protected minority; (ii) that he applied for and was qualified for a job for which

Williams v. Johnson

District Court, District of Columbia · Oct 19, 2011

Absent a “clearly expressed intent to the contrary,” courts will “presume that the amendment does not apply retroactively.” Tippett, 10 A.3d at 1131. … These principles are well-established and non-controversial.

Center for National Security Studies v. Central Intelligence Agency

577 F. Supp. 584 · District Court, District of Columbia · Dec 20, 1983

The Court of Appeals, however, has addressed but never expressly held that agency-created documents, subsequently transferred to and then returned by Congress, may qualify as “congressional records.” … “Control over confidentiality” means “control over disclosure”; release of a duplicate containing the same information as the original would be clearly con *590 trary to Congress’ intent that disclosure of the information

MorphoSys AG v. Cambridge Antibody Technology Ltd.

158 F. Supp. 2d 84 · District Court, District of Columbia · Aug 17, 2001

The '793 patent clearly references ELISA testing and suggests to one of ordinary skill that such testing would be the way to determine the specificity of antibodies. … Dillon is prior art only if MorphoSys establishes that CAT is not entitled to the December 2, 1991 effective filing date. 5 .

American Society of Dermatology v. Shalala

962 F. Supp. 141 · District Court, District of Columbia · Sep 5, 1996

The RUC and the RUC Advisory Committee clearly furnish advice or recommendations to HCFA. The Secretary disputes whether the CPT Editorial Panel and its Advisory Committee furnish advice or recommendations to HCFA. … The Supreme Court qualified the term “utilize” in Public Citizen v.

Old Republic Surety Co. v. Richardson (In Re Richardson)

178 B.R. 19 · District Court, District of Columbia · Feb 16, 1995

The Johnson court qualified its holding with the statement that the debtor’s use of funds would constitute a defalcation “so long as the use was not the result of mere negligence or a mistake of fact,” echoing language in … The Superior Court clearly determined that the trustee took excessive compensation and was statutorily entitled to only $3,140.41.

Osseiran v. International Finance Corporation

District Court, District of Columbia · Sep 5, 2012

IFC’s claim that it was immune from suit also was denied. Id. at 143-145, aff’d, 552 F.3d 836 (D.C. Cir. 2009).  - 2 - IFC’s motion will be granted as to that claim. … “While a ‘meeting of the minds,’ or mutual assent, ‘is most clearly evidenced by the terms of a signed written agreement . . . such a signed writing is not essential to the formation of a contract.

Farrell v. Tillerson

District Court, District of Columbia · Apr 16, 2018

Compl. ¶ 5, which is a harm that this Circuit has recognized as sufficient to establish an injury in fact, see Shnitzler v. United States, 761 F.3d 33, 40 (D.C. … Mem. at 6, do not qualify as such rules, see Christensen v.

Wright v. Metropolitan Life Assurance Company

District Court, District of Columbia · May 26, 2009

Specifically, the Plan details a process by which a participant seeking long-term disability benefits must submit evidence of a qualified disability to MetLife in order to establish entitlement to monthly benefits. … McCarthy) ("I must ask the following: Do you really want me to believe that your company that issued the policy under which you have administered the above-referenced claim cannot provide a copy of the policy although it is clearly

Watson v. Perdue

District Court, District of Columbia · Sep 17, 2019

So the Agency applied non-cash credits to the ERA in the amount equal to the Pigford-qualifying Operating Loans that it had written off. … They point to no caselaw or authority requiring the Agency to forgive the portion of the recapture amount attributable to non-Pigford-qualifying loans.

Center for Biological Diversity v. United States Environmental Protection Agency

District Court, District of Columbia · Mar 27, 2019

“Chronic exposure [to cadmium] leads to adverse effects on growth, reproduction, immune and endocrine systems, development and behavior in aquatic organisms.” Id. … Agency communications with an outside consultant qualify as “intra-agency” communications.

Davis v. District of Columbia Board of Education

522 F. Supp. 1102 · District Court, District of Columbia · Sep 23, 1981

. § 300.1 et seq. 1 , which insure a free and appropriate education to all handicapped students and establish extensive due process protections in order to guarantee equitable, expedient provisions of the mandated educational … Defendants are indeed most probably the more qualified experts, and the proposal they suggest to the Hearing Officer should be evaluated in that light.

Steele v. United States

District Court, District of Columbia · Jul 19, 2022

After establishing relevance, “the burden shifts to the party opposing discovery to show why the discovery should not be permitted.” Lamaute, 339 F.R.D. at 35. That showing must be “specific” and “detailed.” … The Court acknowledges that the government should have stated the nonexistence of this information more clearly in their actual interrogatory answers, instead of in their response to plaintiffs’ letter alleging deficiencies

Massaquoi v. District of Columbia Government

District Court, District of Columbia · Jan 3, 2018

likely to qualify for such a causal inference.” … Cir. 2007) (“If temporal proximity sufficed to rebut a legitimate proffer, then protected activities would effectively grant employees a period of immunity, during which no act, however egregious, would support summary

Houghton v. United States Department of State

875 F. Supp. 2d 22 · District Court, District of Columbia · Jul 12, 2012

Grafeld Decl. ¶¶ 7–8, do not clearly illuminate that question. … Circuit has found unambiguously that this provides “particular criteria” for withholding disclosure of CPAC proceedings, and therefore qualifies as an Exemption 3 withholding statute.

Cogdell v. Murphy

District Court, District of Columbia · Sep 29, 2023

Qualified Individual Finally, the GSA questions whether Cogdell is even a “qualified individual” protected by the Rehabilitation Act, Def.’s Cross-Mot. Summ. … App’x 762 (9th Cir. 2001), Cogdell is not a qualified individual.

I.A. v. Barr

District Court, District of Columbia · Jun 30, 2020

Cir. 1996) (emphasis omitted) (holding that such a conflict “is necessary—though not alone sufficient—to establish standing”). … As discussed above, the Rule is intended to bar many individuals from qualifying for asylum. 84 Fed. Reg. at 33,835.

United States v. Harris

District Court, District of Columbia · Nov 4, 2020

These results were then verified that same day by Calissa Chapin, another qualified firearm and ballistics expert from Mr. Monturo’s lab. … The Court does not believe such an inquiry is required here, given that, as other courts have also found, firearm and toolmaking identification is “clearly is technical or specialized, and therefore within the scope of Rule

Fleisher Development Corp. v. Home Owners Warranty Corp.

670 F. Supp. 27 · District Court, District of Columbia · Jul 8, 1987

In exercising this discretion, Delaware courts recognize that a stockholder or member’s right to inspect a corporation’s books and records is a qualified one. … The Guthrie court held it clearly improper to request inspection, ‘for speculative purposes or to gratify idle curiosity or to aid a blackmailer.’ Id. at 156 , 26 S.Ct. at 6 .

707 G Street Restaurant LLC v. Jemal's Mickelson, L.L.C.

District Court, District of Columbia · Mar 20, 2023

“No particular form of words is necessary in order to create an express condition; however, words and phrases such as ‘if’ or ‘provided that,’ qualifying a promise, are commonly used to indicate that the duty of the promisor … facie case if the defendant can establish that his conduct was legally justified or privileged.”