Case law

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

Cohen v. District of Columbia

744 F. Supp. 2d 236 · District Court, District of Columbia · Jan 13, 2011

Negligence alone is insufficient to establish a claim under § 1983. Daniels v. … The District’s Medicaid transportation office contracted with Nile for non-emergency transportation services for qualified individuals, including D.Q. PL's Opp'n [Dkt. # 107] at 1-2. 6 .

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.

Mitchell v. Saul

District Court, District of Columbia · Nov 15, 2021

Statutory and Regulatory Framework “To qualify for disability benefits under Title XVI (Supplemental Security Income) of the Social Security Act, a claimant must establish that [she] is disabled.” Jones v. … The limitations that the ALJ incorporated in Mitchell’s residual functional capacity clearly recognized her mental impairments.

Harper v. Walters

822 F. Supp. 817 · District Court, District of Columbia · May 28, 1993

Such conduct clearly violates the principles of Title VII which prohibit sexual harassment in the workplace. Id. at 4. … Having established that the EEOC Notices qualify as official reports, the question remains whether the broadcasts were complete and accurate representations of the Notices. 17 Plaintiff does not explicitly raise the question

Pflug v. Great Socialist People's Libyan Arab Jamahiriya

District Court, District of Columbia · Mar 30, 2011

He was also deemed qualified to testify regarding the damage calculations for each of the killed or injured plaintiffs. (Markham, T-4-105). … The ANO was established and led by Sabri al-Banna, a/k/a Abu Nidal. (Lang, T-2-141.) 65.

Coleman v. Lappin

607 F. Supp. 2d 15 · District Court, District of Columbia · Mar 18, 2009

The “information need not actually be ‘rules and practices’ to qualify under [Exemption 2, as the statute provides that matter ‘related’ to rules and practices is also exempt.” Schwaner v. … Exemption 6 protects from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6).

National Treasury Employees Union v. Hove

840 F. Supp. 165 · District Court, District of Columbia · Jan 11, 1994

The OPM’s past approval of the FDIC’s LG exemption was based on findings that the FDIC needed to hire LG employees “on a very short-term notice from among persons readily available ... and qualified.” Defs.’ … In addition, the information and analysis found in the administrative record demonstrate that the OPM's decisions were clearly plausible, especially in light of the agency’s expertise in personnel matters.

United States v. Theoharis

District Court, District of Columbia · May 3, 2019

When a legislature establishes the maximum penalty for a crime, it “include[s] within the definition of the crime itself a judgment about the seriousness of the offense.” Frank v. … Therefore, Congress clearly intended to classify Defendant’s alleged conduct as a petty offense. Even assuming that the D.C.

Albuquerque Publishing Co. v. United States Department of Justice

726 F. Supp. 851 · District Court, District of Columbia · Dec 11, 1989

The Sufficiency of the Vaughn Indices The burden of establishing that this information falls within one of these exemptions lies with the agency. Yeager v. … Clearly, “[official information that sheds light on an agency’s performance of its statutory duties falls squarely within that ... purpose.” Id.

Cavagnuolo v. Becerra

District Court, District of Columbia · Jun 18, 2026

And that mattered because the ALJ found that Section 102(e)(1) “clearly and unambiguously limit[ed] the definition of a” covered Part D drug to those being used for a medically accepted indication, meaning one approved … As to the Medicare claim, the Secretary’s decision here properly applied the legal standards established by statute.

American Wildlands v. Norton

193 F. Supp. 2d 244 · District Court, District of Columbia · Mar 31, 2002

These organizations have established that they have associational standing. … The administrative record clearly supports a finding that hybridization is a threat to the WCT population.

Maze v. Internal Revenue Service

District Court, District of Columbia · Jul 25, 2016

It is yet unclear whether Plaintiffs would even qualify for the Transition Treatment. … Applications do not automatically qualify for the Transition Treatment.

United States Ex Rel. Keaveney v. SRA International, Inc.

219 F. Supp. 3d 129 · District Court, District of Columbia · Nov 29, 2016

By contrast, both the amended and original complaints here clearly address the same underlying contract and arise out of the same conduct. See SRA Mot. … Although a bait and switch is not a cognizable cause of action for purposes of the FCA, it is “well established that prong (a)(1)(B) of section 3729”, under which Relators bring their bait and switch claims, “encompasses

American Petroleum Institute v. Technomedia International, Inc.

699 F. Supp. 2d 258 · District Court, District of Columbia · Mar 30, 2010

This letter clearly raised the specter of future litigation. In that sense, it is quite similar to the letter found to be privileged in Messina v. … Nor does the Court see any basis to grant TechnoMedia's request for a preliminary injunction ordering API to issue API-branded Certificates of Completion to qualifying e-learning students. (See Def.'s App. for Prelim.

Blount v. Johnson

District Court, District of Columbia · Sep 22, 2016

He sent a fax that stated: Despite being the most qualified applicant I was passed over for the selection of the current canine class. … A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252.

Brown v. Vilsack

923 F. Supp. 2d 118 · District Court, District of Columbia · Feb 11, 2013

Brown says that the denial of FMLA use is illegal because he qualifies for it and he has been qualified since 2004. Id., Tab 4f at 2 [ECF No. 50-2 at s] (emphasis added). … Clearly your misconduct is of a serious nature.

Olympic Federal Savings & Loan Ass'n v. Director, Office of Thrift Supervision

732 F. Supp. 1183 · District Court, District of Columbia · Mar 21, 1990

The statute clearly states that it applies “[w]hen an officer ... dies, resigns, or is sick or absent.” … This is clearly excessive. Bond is therefore set at $1,000. 1 .

First National Bank of Homestead v. Watson

363 F. Supp. 466 · District Court, District of Columbia · Jun 15, 1973

The memorandum concludes, inter alia, that the establishment of the proposed bank will have no effect on the rate of growth in the area. … These steps are clearly outlined in Section 102(2) of the Act.

Cole v. Copan

District Court, District of Columbia · Aug 27, 2020

Neither party contests that the National Construction Safety Team Act qualifies as a withholding statute under FOIA Exemption 3. See Compl. ¶¶ 8–17; see also Quick v. U.S. Dep’t of Commerce, 775 F. … Based on the current record, NIST has not clearly established that the exempt and nonexempt portions of Interview 1041704 are “inextricably intertwined” such that “it would be impossible to produce meaningful information