Case law

Estate of Rene Bathiard v. Islamic Republic of Iran

District Court, District of Columbia · Apr 24, 2020

His widow and two daughters brought suit under the Foreign Sovereign Immunities Act (“FSIA”) against the Islamic Republic of Iran based on its complicity in the attack. Compl., Bathiard v. … Here, the Special Master clearly accounted for the passage of time and the persistence of the plaintiffs’ injuries in determining the appropriate compensatory damages awards. See, e.g., R & R 35 (noting that “Mr.

Beasley v. Del Toro

District Court, District of Columbia · Sep 28, 2023

The PEB refused this request on the ground that “[i]n adjudicating MRR cases, the PEB can only make a Physically Qualified/Not Physically Qualified (PQ/NPQ) determination and is not authorized to terminate a properly referred … After all, DoDI 1332.18 and corresponding Navy regulations clearly contemplate that an investigation is not required in the mine-run of cases that are controlled by presumptions.

(Leave of Court is Needed for Plaintiff) Chandler v. Williams

District Court, District of Columbia · Aug 8, 2014

SORA further specifies which crimes qualify as registration offenses. D.C. … As the Court already has noted, the record does not clearly indicate the nature of CSOSA’s “determination” of Chandler’s status as a “potential sex offender.” See supra at 19 n.10.

Winder v. Erste

767 F. Supp. 2d 179 · District Court, District of Columbia · Mar 7, 2011

District of Columbia law has long established that “unless a contrary contractual intent is clearly expressed, all employment is at-will.” Turner v. … Defendants counter that because plaintiff was “RIFed” from his prior position, his 2002 appointment qualifies as an “initial appointment to a [different] supervisory or managerial position.”

Scollick v. Narula

District Court, District of Columbia · Jul 31, 2017

It alleges that OST never qualified for SDVOSB or HUBZone status and was not a small business enterprise. … The allegations described above clearly indicate that such solicitations were made.

Pejouhesh v. United States Postal Service

District Court, District of Columbia · Mar 26, 2019

The sovereign immunity of the United States extends to the Postal Service, and thus, absent a waiver, the Postal Service is not subject to suit for damages. See Dolan v. U.S. Postal Serv., 546 U.S. 481, 484 (2006). … Notably, while Exemption 6 is available only if the disclosure “would constitute a clearly unwarranted invasion of personal privacy,” 5 U.S.C. § 552(b)(6) (emphasis added), “[t]he adverb ‘clearly’ . . . is not used in Exemption

Beverly Enterprises, Inc. v. Herman

119 F. Supp. 2d 1 · District Court, District of Columbia · Oct 26, 2000

To that end, it established a program (the “H-1A program”) allowing qualified registered nurses from foreign countries to come to the United States to work as non-immigrant aliens for a period of up to five years. 1 . … Upon consideration of the parties’ arguments, the Court finds that the DoL exceeded its statutory authority by promulgating 20 C.F.R. §§ 655.310 (e)(1) & (f) because the plain language of the INRA clearly expresses Congress

Steffan v. Cheney

733 F. Supp. 121 · District Court, District of Columbia · Nov 15, 1989

In seeking reinstatement and award of his diploma, plaintiff through his claims has placed in issue whether he is qualified for such relief. … Moreover, defendants clearly are entitled to information necessary to defend against plaintiffs claims to such relief.

Safari Club International v. Salazar

852 F. Supp. 2d 102 · District Court, District of Columbia · Apr 3, 2012

Plaintiffs Do Not Establish A Likelihood Of Success On The Merits a. … Supp. 2d 230, 261 (D.D.C. 2003) (“Congress’ enactment of the ESA clearly indicates that the balance of interests ‘weighs heavily in favor of protected species.’”) (quoting Nat’l Wildlife Fed’n v. Burlington N.

Busey v. Washington

225 F. Supp. 416 · District Court, District of Columbia · Jan 15, 1964

opinion of the Supreme Court in the Weyerhaeuser case, supra, states that certiorari was granted “to consider the single question whether the historic admiralty rule of divided damages in mutual fault collisions has been qualified … the Ryan case, supra, was misplaced, inasmuch as recovery was allowed there on the basis of a contract of indemnity and not on tort. *424 For the foregoing reasons and under the well settled law that the United States is immune

Juergens v. Urban Title Services, Inc.

246 F.R.D. 4 · District Court, District of Columbia · May 25, 2007

Id. ¶¶ 52, 181. 3 Plaintiff asserts that she never indicated that she wanted to establish the LLC or have the LLC take title to the Condo. Id. ¶ 48. … Plaintiff further claims that the FMV Defendants “disguised the true nature of the refinance loan from a residential loan to a commercial loan in order to qualify [Plaintiff] for the loan since [Plaintiff] would not qualify

Wheeler v. United States Department of Justice

403 F. Supp. 2d 1 · District Court, District of Columbia · Sep 30, 2005

Wheeler challenges this reliance, arguing that FBI sources are not employees and the distribution of materials to other agencies cannot qualify as an internal personnel practice. … Thus, consistent with Pratt , the agency has clearly identified the particular individual who was the object of its investigation. Id.

Byrd v. District of Columbia

807 F. Supp. 2d 37 · District Court, District of Columbia · Aug 16, 2011

Byrd and Jean-Baptiste have both established prima facie eases of retaliation. … people on the list,” and demanded to know “if managers usually bring on less qualified candidates every year, or [was] this something new.”

Hardin v. Leavitt

District Court, District of Columbia · Aug 27, 2009

See Quinclorac Establishment of Temporary Tolerances, 56 Fed. Reg. 28153 (June 19, 1991); Receipt of Application for Emergency Exemption to use Quinclorac Solicitation of Public Comment, 57 Fed. … Circuit “has long held that section 2401(a) creates ‘a jurisdictional condition attached to the government’s waiver of sovereign immunity.’” P & V Enters. v. U.S. Army Corps of Eng’rs, 516 F.3d 1021, 1026 (D.C.

Givens v. Bowser

District Court, District of Columbia · Sep 30, 2022

Givens, these unpaid bills qualify for a PEME deduction. Id. On May 17, 2019, the District issued a notice with its determination that Ms. … “Under the clearly erroneous standard, the magistrate judge’s decision is entitled to great deference and is clearly erroneous only if on the entire evidence the court is left with the definite and firm conviction that

United States v. Bray

District Court, District of Columbia · Aug 8, 2024

But fair notice is not implicated by the possibility that “it will sometimes be difficult to determine whether the incriminating fact [the statute] establishes has been proved.” Id. … The indictment here clearly sets out the nature of the offense, the location of the offense, and the date on which the offense occurred. See Indictment at 1–2. It does so “in the words of the statute itself.” Id.

R.I.L-R v. Johnson

80 F. Supp. 3d 164 · District Court, District of Columbia · Feb 20, 2015

would not clearly redress the harm they allege. … It recognizes, however, Plaintiffs’ clear intent to define the proposed class in relation to the policy they challenge and, in addition, that Plaintiffs have clearly articulated and established an alternative version of

Rattigan v. Ashcroft

District Court, District of Columbia · Jul 20, 2009

“[A] clearance may be granted only when ‘clearly consistent with the interests of the national security.’” Id. at 528 (quoting Executive Order and regulations). … provisions.5 The Court’s conclusion is further buttressed by the concern that dismissing plaintiff’s claim as non-justiciable would permit future agency officials who do not make security clearance determinations to immunize

Federal Cure v. Lappin

602 F. Supp. 2d 197 · District Court, District of Columbia · Mar 18, 2009

Thus, the statute prescribes a two-pronged test the requester must satisfy to qualify for a FOIA fee waiver. … Indeed, compared with the plaintiffs in Forest Chiardians, who had not yet even established a website, FedCURE has actually done more to demonstrate their ability to convey meaningful information through their already established

Hamilton v. Snow

District Court, District of Columbia · May 19, 2009

As to the latter opinion, the court further noted that an employer could “select a candidate who on paper [was] less qualified for other reasons, such as the subjective reactions that emerge in the interview.” … And the plaintiff does not allege any facts that clearly establish his failure to pursue such remedies.