Case law

Public Citizen Health Research Group v. Acosta

District Court, District of Columbia · Dec 12, 2018

MEMORANDUM OPINION AND ORDER As part of its effort to improve the collection of work-related injury data, the Occupational Safety and Health Administration (“OSHA”), an agency of the Department of Labor, requires qualifying … Exemption 6 specifically covers “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” Id. § 552(b)(6).

Northwest Forest Resource Council v. Espy

846 F. Supp. 1009 · District Court, District of Columbia · Mar 21, 1994

Even if the Court were to find that the state university professors were “federal employees,” they would not qualify as being “full-time” unless, as the defendants propose, they be given credit for full-time work because … But the exception for “full-time officers and employees” only supports the purposes of FACA if the term as used in FACA is interpreted as drawing a distinction between regular civil servants and outsiders or hybrids; it clearly

Gerlich v. United States Department of Justice

828 F. Supp. 2d 284 · District Court, District of Columbia · Dec 15, 2011

15 evidence establishes that Ms. … Cir. 1993) ("To qualify as a record under the FRA, a document must satisfy a two-pronged test.

Premium of America, LLC v. Sanchez (In Re Premium Escrow Services, Inc.)

342 B.R. 390 · District Court, District of Columbia · May 23, 2006

The statute quite clearly restricts the court’s jurisdiction to matters relating to “cases under title 11,” 11 U.S.C. § 1334 (b), which “refers to the bankruptcy petition itself.” In re U.S. … Civ P. 12(b)(1) is proper where a plaintiff fails to establish by a preponderance of the evidence that subject matter jurisdiction exists.” Martin v. EPA, 271 F.Supp.2d 38, 43 (D.D.C.2002).

Ryan v. District of Columbia

District Court, District of Columbia · Mar 2, 2018

necessary in order for the head of an agency to qualify as a final policymaker for purposes of municipal liability. … Thus, even assuming that Steinberg accurately reflects the contours of the law regarding municipal liability, Steinberg is clearly distinguishable based on its reliance on an official’s affirmative disregard of specific

Cohen v. Government of the District of Columbia

District Court, District of Columbia · Oct 8, 2010

D.Q. suffered serious injuries and was transported to Children’s 5 The District’s Medicaid transportation office contracted with Nile for non-emergency transportation services for qualified individuals … Plaintiffs alleged that the camp director failed to train the counselors adequately; failed to define the counselor’s jobs clearly; failed to provide cell phones to the counselors; failed to require that children attending

Bederson v. United States of America

935 F. Supp. 2d 48 · District Court, District of Columbia · Mar 27, 2013

Bederson since she clearly had a physician-patient relationship with him. As such, Dr. Turner owed a duty to treat Mr. … The Plaintiff Has Failed To Establish Proximate Causation The plaintiff is also not able to establish another essential element of his negligence claim: namely, that the alleged delay in the communication of the

Rogers v. Johnson-Norman

466 F. Supp. 2d 162 · District Court, District of Columbia · Dec 20, 2006

As already explained, witnesses who testify at trial are immune from civil suits based on their testimony. E.g., Bragdon, 425 F.Supp.2d at 3-4 . … Section 12-301 of the D.C.Code establishes a one-year statute of limitations for libel, slander, assault, and other similar intentional torts.

Clifton Terrace Associates, Ltd. v. United Technologies Corp.

728 F. Supp. 24 · District Court, District of Columbia · Jan 10, 1990

That is what the statutory language clearly contemplates. … It is well established that in order to prevail under § 1981, a plaintiff must allege and prove purposeful discrimination. Patterson v.

United States v. Wills

District Court, District of Columbia · Dec 21, 2018

Having viewed and listened to the audio of`Officer Keleman’s body-worn camera (Exhibit 4) numerous times - and having slowed the recording down to hear the audio clearly -the Court finds as a fact that the anonymous civilian … But “when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant States v.

Burke v. Air Serv International, Inc.

District Court, District of Columbia · Mar 30, 2011

Here, Burke misunderstands the District’s standard: an expert may establish the relevant standard of care by “clearly relat[ing] the standard of care to the practices in fact generally followed by other comparable [entities … Most critically, Burke clearly understood the risks involved in the flight to Taluqan. He knew that the helicopter was unarmored and would carry no guards. Burke Dep. at 151–52.

Day v. United States Department of Defense

District Court, District of Columbia · Jan 31, 2025

July 12, 2000) (“The FOIA clearly directs district courts to review agency actions de novo. See 5 U.S.C. 552(a)(4)(B). … “Under [the] public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record,” Cottone v.

Teva Pharmaceuticals USA, Inc. v. Azar, II

District Court, District of Columbia · Feb 26, 2019

According to Teva, the Final MMA Rule clearly provides that “eligibility for 180-day exclusivity requires timely notice of the exclusivity-qualifying Paragraph IV certification;” therefore, only those who have provided … notice can qualify as first applicants.

Smith v. United States

475 F. Supp. 2d 1 · District Court, District of Columbia · Nov 7, 2006

With respect to Section 7433(d)(1), “Congress’s decision in 1998 to revert to the pre-1996 amendment language clearly demonstrates an intention to mandate exhaustion.” … Plaintiffs’ Amended Complaint plainly does not implicate Section 7428, which permits certain federal courts to entertain challenges to determinations made by the Secretary of the Treasury as to whether an entity qualifies

Adya LLC v. Cole

District Court, District of Columbia · Mar 23, 2026

But because sovereign immunity would likely render any damages unrecoverable, see 5 U.S.C. § 702 (waiving sovereign immunity only for “relief other than money damages”), SmartCareRx’s economic loss claim has more bite, … Altogether, SmartCareRx has established irreparable harm. The DEA’s counterarguments do not persuade.

Equal Employment Opportunity Commission v. Catholic University of America

856 F. Supp. 1 · District Court, District of Columbia · Jun 29, 1994

The evidence supporting the Free Exercise Clause analysis is also determinative of the Establishment Clause issue. … The Department of Canon Law is not immune from all temporal claims filed against it.

Cls Bank International v. Alice Corporation Pty. Ltd.

District Court, District of Columbia · Mar 9, 2011

A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252. … This question has not been clearly answered by the Federal Circuit or the Supreme Court.

Dorsen v. United States Securities & Exchange Commission

15 F. Supp. 3d 112 · District Court, District of Columbia · Feb 14, 2014

The result is that plaintiffs can now qualify as ‘substantially prevail[ing],’ and thus become eligible for attorney fees, without winning court-ordered relief on the merits of their FOIA claims.” … The defendant makes no effort to argue that any administrative processing delays caused the delay in production of responsive records; indeed, the number of responsive documents totaling five pages is clearly not a voluminous

Mohammad v. Napolitano

680 F. Supp. 2d 1 · District Court, District of Columbia · Dec 18, 2009

Petition because it found “insufficient evidence to demonstrate that the proposed employment of the alien would specifically benefit the national interest of the United States to substantially greater degree than a similarly qualified … complete discretion in the Secretary,” and noting that “[t]o suggest otherwise and create a judicial standard or ‘clarification’ for good and sufficient cause would replace the Secretary’s judgment with judicial oversight clearly

Thomas v. Town of Salisbury

284 F. Supp. 3d 66 · District Court, District of Columbia · Jan 3, 2018

A most liberal reading of the record establishes that Harrington may have wanted Thomas gone, and may have encouraged St. … This court granted the defendants' motion for summary judgment on Count I on the basis that the letter was not protected speech, and that even if it was, Harrington was entitled to qualified immunity.