Case law

Cunningham v. United States Department of Justice

40 F. Supp. 3d 71 · District Court, District of Columbia · Apr 16, 2014

Aug. 8, 2011) (adopting magistrate judge’s report and recommendation and determining that qualified immunity barred Mr. … The Marshals Service and EOUSA may rely on declarations to establish a law enforcement purpose associated with the withheld documents, but the proffered “declarations must establish a rational ‘nexus between the investigation

Foo v. Tillerson

244 F. Supp. 3d 17 · District Court, District of Columbia · Mar 23, 2017

The plaintiff bears the burden of establishing the invalidity of the agency’s action. Id. III. DISCUSSION A. … By providing for the collection of overpayments generally, as well as the waiver of collection in certain circumstances, Congress clearly envisioned that the State Department might make errors in dispersing annuity payments

Van Hollen v. Federal Election Commission

74 F. Supp. 3d 407 · District Court, District of Columbia · Nov 25, 2014

If so, how would a corporation or labor organization determine which receipts qualify as “donations”? … But you do clearly have the authority to make these distinctions and you ought to do so.

Dave v. District of Columbia Metropolitan Police Department

905 F. Supp. 2d 1 · District Court, District of Columbia · Nov 9, 2012

But, with respect to the training and advancement claims, plaintiff has not clearly indicated what custom or policy caused his alleged harm. … alleged profanity-laden yelling does not meet the requisite level of regularity or severity to constitute material adversity because the Supreme Court has emphasized that sporadic verbal altercations or disagreements do not qualify

Act Now to Stop War & End Racism Coalition v. District of Columbia

798 F. Supp. 2d 134 · District Court, District of Columbia · Jul 21, 2011

Thus, if the District can establish content-neutrality and narrow tailoring, its argument that §§ 108.5-108.6 are valid time, place, and manner regulations will prevail. *150 4. … Taking plaintiffs allegations as true, as we must at this stage of the proceedings, Atherton, 567 F.3d at 681 , ANSWER clearly satisfies the first half of the test by stating a constitutional violation.

Harpole Architects, Pcs v. Barlow

District Court, District of Columbia · Nov 9, 2009

As a matter of law, HAPC qualifies as a RICO enterprise because it is a corporation. See 18 U.S.C. § 1961(4) (“‘enterprise’ includes any individual, partnership, corporation, association, or other legal entity”). … Code §§ 28-3901 to -3913, that professional services, such as legal services, qualify as “trade practices.” See Banks v. Dist. of Columbia Dept. of Consumer and Regulatory Affairs, 634 A.2d 433, 437 (D.C. 1993).

Sculimbrene v. Reno

158 F. Supp. 2d 26 · District Court, District of Columbia · Feb 16, 2001

By the same rationale, the Court of Appeals noted that an entity within the Executive Office of the President does not qualify as an “agency” unless it exercises “substantially independent authority.” Id. … The Court of Appeals declined to issue the writ, stating that “District Court decisions do not establish the law of the circuit, nor, indeed, do they even establish ‘the law of the district’ ....

Barnes v. District of Columbia

793 F. Supp. 2d 260 · District Court, District of Columbia · Jun 24, 2011

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Second, plaintiffs argue that the “Analysis of Releases” should be struck because it doesn’t qualify as an affidavit under Rule 56 of the Federal Rules of Civil Procedure. Pis.’ Mot. Strike [292] 6.

KHAIRKHWA v. Obama

793 F. Supp. 2d 1 · District Court, District of Columbia · May 27, 2011

Human Rights Watch stated that “[t]hese speeches, given by the most senior Taliban official in Mazar at the time, clearly indicate that the killings and other attacks on Hazaras were not the actions of renegade Taliban forces … It is far from clear that these findings, standing alone, would establish the lawfulness of the petitioner’s detention.

International Counsel Bureau v. United States Department of Defense

District Court, District of Columbia · Jul 12, 2010

Cir. 1980) ("[T]he burden is on [the agency] to establish [its] right to withhold information from the public."). … the videos consists of non-exempt material, the Court cannot assess the Department's representation that the "kind and amount of editing" required to segregate material in this case "would require a team of technically qualified

U.S. Securities and Exchange Commission v. E-Smart Technologies, Inc.

74 F. Supp. 3d 306 · District Court, District of Columbia · Nov 21, 2014

Shares of stock are clearly “securities” within the meaning of the statute. See 15 U.S.C. § 77b(a)(1) (“security” includes “stock”); SEC v. … he responded, “I think they all understood that clearly.” Mot., Att. 57 (Deposition of 29 Douglas Borwick) at 20:24-21:2.

Monroe v. Williams

705 F. Supp. 621 · District Court, District of Columbia · Dec 15, 1988

immunity accorded to the defendants. 766 F.2d at 269 . … The court was also clearly influenced in its decision by the fact that "[t]he statute of limitations with which we are concerned here is part of a remedial statute enacted by Congress to protect wage-earners at the bottom

Estate of Gaither Ex Rel. Gaither v. District of Columbia

831 F. Supp. 2d 56 · District Court, District of Columbia · Dec 19, 2011

EVID . 702.10 Accordingly, the Court shall preclude Roberts from 10 Nor has Plaintiff established that Roberts’ opinion could be “reliably applied . . . to the facts of the case,” FED . R. … here, even when that judgment is primarily based on the expert’s experience and not a more rigorous scientific or technical inquiry.16 By this, the Court does not intend to suggest that Plaintiff was somehow obligated to establish

Martin v. Gross

340 F. Supp. 3d 87 · District Court, District of Columbia · Dec 10, 2018

The police officers raised a qualified immunity defense. Id. … It also held that the right was "clearly established," concluding that "a citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital

Koretoff v. Vilsack

601 F. Supp. 2d 238 · District Court, District of Columbia · Mar 9, 2009

Accordingly, plaintiffs are clearly bringing this challenge in their capacity as handlers and must therefore first exhaust their administrative remedies. 6 See United States v. … Thus, plaintiffs are merely objecting to a regulation rather than asserting a definite personal right granted by the AMAA. 8 In *245 Stark , the Supreme Court specifically recognized that not every loss would qualify as a

Coffey v. Bureau of Land Management

249 F. Supp. 3d 488 · District Court, District of Columbia · Apr 20, 2017

Id., ¶ 21; see 5 U.S.C. § 552(a)(4)(A)(viii)(I) (prohibiting agencies that breach FOIA’s response deadline from charging search and duplication fees to qualifying requesters). … In addition, Defendant correctly points out that FOIA does not expressly waive the government’s sovereign immunity with respect to interest. See Def. Opp. at 3.

Brotherhood of Railroad Trainmen v. Chicago, Milwaukee, St. Paul & Pacific Railroad

237 F. Supp. 404 · District Court, District of Columbia · Oct 23, 1964

[i]f no agreement is reached between the parties as to the application of the guidelines,” authorizes arbitration of “the dispute limited to the application of such guidelines as related to the issue involved.” 36 While clearly … Clearly, under such conditions, a deprivation of due process is not shown. Hearing Site At the first meeting of the Board the organization urged that the hearings be held on strictly neutral ground.

Ruiz v. Vilsack

District Court, District of Columbia · Feb 9, 2011

Because "[p]rocedural requirements established by Congress for gaining access to the federal courts are not to be disregarded by courts out of a vague sympathy for particular litigants," Baldwin, 466 U.S. at 152, courts … Supp. at 97 (dismissing plaintiff's suit as untimely where it was filed 97 days after issuance of the EEOC right-to-sue letter, and emphasizing that plaintiff's status as "a pro se litigant does not render him immune from

Eisai Inc. v. United States Food and Drug Administration

134 F. Supp. 3d 384 · District Court, District of Columbia · Sep 30, 2015

The record establishes that Razadyne was approved in an FDA letter dated December 22, 2004. Dkt. 1-1. Unlike Belviq and Fycompa, however, Razadyne was approved “without a tradename.” Id. at 3. … , and it likely could have adopted an interpretation under which neither qualified.

Guy v. Glickman

945 F. Supp. 324 · District Court, District of Columbia · Nov 15, 1996

In 1993, Virginia suffered from drought and excessive heat, which qualified as eligible disaster conditions under applicable Department of Agriculture regulations. … The underlying statutory purpose clearly required the Secretary to ensure that eligible farmers received disaster compensation, but did not collect windfalls or double payments.