Case law

Alberts v. HCA, Inc.

496 B.R. 1 · District Court, District of Columbia · Jul 11, 2013

This Court certainly agrees that “Accounting errors are not immune from challenge on appeal,” id., but does not understand how the alleged egregiousness of a lower court’s errors affects the standard of review. 5 The *12 … Nowhere in Alberts’ briefs does he clearly concede that certain findings of the bankruptcy court are actually factual, but do not survive review under the clearly erroneous standard.

Heritage Foundation v. U.S. Department of Homeland Security

District Court, District of Columbia · Sep 23, 2024

Ifthe records qualify as such files, then courts must balance the privacy interest in those records against the public interest in the requested information. See U.S. Dep 't of Def. v. Fed. L. Rel. … Dep't of Homeland Security, 39 F.4th 81, 93 (2d Cir. 2022) (“Exemption 7(C) requires only that the agency establish that the privacy interest protected by the exemption is an interest in avoiding disclosure of personal matters

Foltz v. U.S. News & World Report, Inc.

663 F. Supp. 1494 · District Court, District of Columbia · Jun 22, 1987

Walker was highly qualified to give this opinion. … After months of testimony, the record clearly shows that neither U.S.

Doe v. U.S. Department of Labor

451 F. Supp. 2d 156 · District Court, District of Columbia · Sep 6, 2006

In the alternative, the defendants argue that they are entitled to summary judgment on the injunction claim because the publication of the plaintiffs ECAB decision qualifies as a “routine use” under 5 U.S.C. § 552a(a)(7) … The Court concludes, from the undisputed facts established in the record, that the plaintiff has not met the high standard required in this Circuit for establishing that a violation arose from willful or intentional conduct

Minuteman Health, Inc. v. U.S. Dep't of Health & Human Servs.

291 F. Supp. 3d 174 · District Court, District of Columbia · Jan 30, 2018

Failure to Account for Partial-Year Enrollment In order to qualify for an HCC, an enrollee must be diagnosed with an HCC-qualifying condition during the time he or she is enrolled in the plan. … Therefore, at a minimum, plaintiff clearly has standing to challenge the 2015 and 2016 rules applied to its New Hampshire plans.

MCI v. Bell Atlantic

36 F. Supp. 2d 419 · District Court, District of Columbia · Feb 17, 1999

The determination that a facility or equipment qualifies as a network element does not end the inquiry as to whether it must be provided on an unbundled basis. … See id. at 682 (“Upon review of a full record, dark fiber falls clearly within the definition of a network element.”).

Dews-Miller v. Clinton

707 F. Supp. 2d 28 · District Court, District of Columbia · Apr 27, 2010

Further, there are no facts in the Amended Complaint that would establish a violation of Plaintiffs right of association. … None of these qualify as adverse employment actions that are di *45 rectly appealable to the MSPB under § 7512. 11 See, e.g., Cruz v.

United States v. Brodie

686 F. Supp. 941 · District Court, District of Columbia · May 19, 1988

It is the Commission’s duty to establish sentencing policies and practices, also known as guidelines. … The protections of Article III do not render the Judiciary immune from accountability. There is, in the first place, an elaborate system of review and appeals.

Indiana Coal Council v. Hodel

118 F.R.D. 264 · District Court, District of Columbia · Jan 25, 1988

The legislative history of SMCRA, consisting of public documents, is clearly relevant to the issue before the Court, but it is “law” not “evidence.” … Webster’s New World Dictionary (1968) defines "research” as “careful, systematic, patient study and investigation in some field of knowledge, undertaken to establish facts or principles.” .

Watervale Marine Co., Ltd. v. United States Department of Homeland Security

55 F. Supp. 3d 124 · District Court, District of Columbia · Jul 18, 2014

statutory authority to do so (id. ¶ 113), in manner that was “(A) arbitrary, capricious, an abuse of discretion, [and] otherwise not in accordance with law”; “(B) contrary to [their] constitutional right, power, privilege, or immunity … claim that is based solely on the Plaintiffs’ contention that the Coast Guard has violated the APA in various respects—including that the agency’s actions were “contrary to [a] constitutional right, power, privilege, or immunity

Bank of New York v. Federal Deposit Insurance

453 F. Supp. 2d 82 · District Court, District of Columbia · Sep 27, 2006

BNY is the indenture trustee for the trust NextBank established to securitize *86 its accounts. (Christensen Decl. Ex. 4 [“MI”] at 140, 205.) … BNY’s attempt must be rejected, for the FDIC’s action in this case was clearly not an exercise of the repudiation power.

Sopkin v. Lopatto

District Court, District of Columbia · Sep 19, 2024

Fox) afforded Sopkin any legal or beneficial interest in Interlase, or that she was otherwise qualified to bring a derivative suit. See id. at *3. … Here, the fee agreements clearly state that “the client,” not Lopatto, is responsible for payment of expert fees. See FA I ¶ 3; FA II ¶ 6. Lopatto attests that, despite that provision, he advanced “Ms.

National Motor Freight Traffic Ass'n v. United States

205 F. Supp. 592 · District Court, District of Columbia · May 10, 1962

It is argued that the freight forwarders under this tariff thus illegally enter into destructive competition with the motor carrier industry contrary to established national transportation policy. … forwarder ordinarily (1) assembles the several different shipments at its terminal by having them brought in from the various consignor premises, usually by motor carrier; (2) it consolidates the shipments into a proportion qualifying

Securities & Exchange Commission v. Whittemore

744 F. Supp. 2d 1 · District Court, District of Columbia · Jul 27, 2010

A defendant who spends all the proceeds of his fraudulent scheme is not immune from an order of disgorgement. Id. … “[A]n order to disgorge establishes a personal liability, which the defendant must satisfy regardless whether he retains the selfsame proceeds of his wrongdoing.” Id. (citing SEC v.

Community Nutrition Institute v. Bergland

493 F. Supp. 488 · District Court, District of Columbia · Jun 27, 1980

It is established that such agency action deserves considerable deference when tested in the context of the rulemaking process. … Congress indicated clearly its definite belief that sale of non-nutritious foods in school contributes to plate waste and lack of participation in the child nutrition program. E. g., S.Rep.No.277, supra, at 17.

Humane Society of the United States v. United States Department of Agriculture

891 F. Supp. 2d 147 · District Court, District of Columbia · Sep 20, 2012

Congress directs the USDA to issue such a license “upon application therefor in such form and manner as [the USDA] may prescribe and upon payment of such fee established” pursuant to § 2153. 7 U.S.C. § 2133. … The parties agree that the Form’s Block 8 information qualifies as a “similar file[]” under Exemption 6. See Multi Ag Media LLC v. USDA, 515 F.3d 1224, 1228-29 (D.C.

Chesapeake Climate Action Network v. Export-Import Bank of the United States

78 F. Supp. 3d 208 · District Court, District of Columbia · Jan 21, 2015

Evid. 104(a) (“The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.”). … Sanzillo offers no explanation for the analytical gap, to the extent that his declaration could be read to suggest that his experience fills the void, such an explanation, standing alone, would clearly be inadequate.

Dtcc Data Repository (u.S.) LLC v. United States Commodity Futures Trading Commission

25 F. Supp. 3d 9 · District Court, District of Columbia · Mar 10, 2014

Moreover, agency “inaction qualifies as ‘failure to act’ only where it is ‘discrete.’” Amador Cnty., 640 F.3d at 382, quoting Norton v. S. Utah Wilderness Alliance (“SUWA”), 542 U.S. 55, 62–64 (2004). … Therefore, Congress did not clearly intend to preclude review of the Secretary’s no-action decisions. Id.

In Re: Polar Bear Endangered Species Act Listing and 4(d) Rule Litigation - Mdl 1993

District Court, District of Columbia · Jun 30, 2011

(declining to establish a bright- line rule but noting that the agency must articulate a satisfactory explanation for its definition). … Moreover, established agency policy requires that in making a listing - 108 -  D.

Reckitt Benckiser Inc. v. Jackson

District Court, District of Columbia · Oct 30, 2009

It takes the position that “once the collection and review of data are completed, and once a decision is reached as to which products qualify for reregistration, then the [section 136a-1] phases have been completed.” … Moreover, a writ of mandamus may issue only where “the duty to be performed is ministerial and the obligation to act peremptory, and clearly defined.