Case law

Bensman v. National Park Service

806 F. Supp. 2d 31 · District Court, District of Columbia · Aug 10, 2011

DOI publishes a FOIA Handbook, for example, that “establishes Departmentwide policies and procedures for administering and implementing FOIA.” U.S. … “Congress may have done so . . . either by prescribing a precise course of conduct other than the one chosen by the agency, or by granting the agency a range of interpretive discretion that the agency has clearly exceeded

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

Helena World Chronicle, LLC v. Google LLC

District Court, District of Columbia · Mar 20, 2026

This does not mean that all acts occurring after an acquisition are immunized from being deemed antitrust violations. … Cir. 1996); see also Meta, 66 F.4th at 301 (“To be sure, a ‘complaint seldom will disclose undisputed facts clearly establishing the defense’ of laches.” (quoting Menominee Indian Tribe of Wis. v.

Willis v. Federal Bureau of Investigation

District Court, District of Columbia · May 16, 2019

“In determining whether an otherwise responsive record qualifies for the protections of Exemption 6, a court must first determine that the record fits into one of the relevant categories—i.e., ‘personnel,’ ‘medical,’ or … (citations omitted). 15  In the instant case, Hardy’s declaration explains that the redaction pertains to the name of an FBI employee, which qualifies as a “similar

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.

San Juan Audubon Society v. Wildlife Services, Animal & Plant Health Inspection Service

257 F. Supp. 2d 133 · District Court, District of Columbia · Mar 31, 2003

Fish and Wildlife Service, which clearly indicates such areas.” Id. According to the plaintiffs, the defendants have not provided the applicators with such maps. Pis.’ Statement ¶ 3. … "Purely speculative” allegations as to the type and location of species that may be seen by other persons, however, do not qualify as factual support for establishing her interest in viewing those species.

Sack v. Department of Defense

District Court, District of Columbia · Dec 9, 2013

Here, the four corners of Sack’s request clearly limited the scope of records she was seeking to records maintained by the Office of Security, not the NCCA. … This explanation sufficiently establishes that a more detailed search was unnecessary and would have been futile. See American-Arab Anti- Discrimination Comm., 516 F.

Lopez Castro v. Fidelity and Deposit Company of Maryland

59 F. Supp. 3d 9 · District Court, District of Columbia · Feb 7, 2014

On June 24, Defendants filed Motions to Dismiss, arguing, inter alia, that the statute of limitations on Plaintiffs’ claims has expired and that Plaintiffs do not qualify for coverage under Defendants’ bonds. … U.S. for Use & Benefit of Calvin Tomkins Co., 322 U.S. 102, 104 (1944) (counseling liberal construction where statute “clearly evidence[s] ‘the intention of Congress to protect those whose labor or material has contributed

Depu v. Yahoo! Inc.

District Court, District of Columbia · Sep 24, 2018

THE COURT DID NOT “CLEARLY ERR” BY DISMISSING PLAINTIFFS’ COMPLAINT WITH PREJUDICE Plaintiffs assert that the Court committed “clear error” within the meaning of Rule 59(e) by dismissing plaintiffs’ complaint … By contrast, the Court’s finding that plaintiffs lack standing under charitable trust principles was, as plaintiffs acknowledge, on the merits, resting on the Court’s finding that plaintiffs do not qualify for an exception

Clark v. Bureau of Prisons

407 F. Supp. 2d 127 · District Court, District of Columbia · Nov 14, 2005

The Court previously determined that the disclosure of plaintiffs medical records to Associate Warden Chapman clearly was authorized insofar as the Privacy Act specifically excepts from the proscription disclosures made “ … To “qualify for the minimum statutory award of $1,000,” plaintiff “must prove some actual damages.” Doe v. Chao, 540 U.S. 614, 616 , 124 S.Ct. 1204, 1206 , 157 L.Ed.2d 1122 (2004).

Sharp v. Rosa Mexicano, D.C., LLC

496 F. Supp. 2d 93 · District Court, District of Columbia · Jul 26, 2007

Defendant’s evidence in support of its motion to dismiss clearly demonstrates that the alleged unlawful conduct cannot reasonably be expected to recur (assuming it occurred in the first instance). 6 Defendant has submitted … Voluntary cessation “lacks the necessary judicial imprimatur ” to qualify one as a “prevailing party” under the ADA. Buckhannon, 532 U.S. at 605 , 121 S.Ct. 1835 ; see also 42 U.S.C. § 12205 (2000).

Combs v. Associated Electric Cooperative, Inc.

752 F. Supp. 1131 · District Court, District of Columbia · Dec 7, 1990

Thus, the Third Circuit concluded that to protect the union’s ability (and willingness) to participate in that process, the union must be granted a limited immunity from antitrust damages in cases when the object of good … UMWA argues quite persuasively that judicial and NLRB precedent establish that the purchase-of-coal clause is not invalid based upon its illegal secondary effects.

United Commercial Insurance Services v. United States Postal Service

650 F. Supp. 592 · District Court, District of Columbia · Dec 18, 1986

The standard of review in a case such as this is well established. … On the other hand, the Court need not “accept meekly ‘administrative pronouncements clearly at variance with established facts.’ ” Id. (quoting NLRB v.

In re Baan Co. Securities Litigation

186 F.R.D. 214 · District Court, District of Columbia · Apr 12, 1999

In the Reform Act, Congress established specific criteria for the appointment of lead plaintiff. 15 U.S.C. 78u-4(a)(3)(B)(iii)(I)-(III). … Of course, the subgroup or steering-committee may not constitute a “group” under the Act either; simply because counsel have designated it and it is smaller than some other assemblage of class members does not immunize it

United States v. Fairnot

District Court, District of Columbia · Dec 10, 2025

While some of this evidence is clearly relevant and admissible, other pieces are not and carry a risk of unfair prejudice that outweighs their probative value. … The scales and vials are clearly intrinsic evidence.

United States v. Hillie

District Court, District of Columbia · Jan 30, 2018

The statutory scheme that Congress established with the Child Pornography Prevention Act of 1996, 18 U.S.C. … It is well established that an image need not depict an actual sex act in order to constitute lascivious activity. In United States v.

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.

Save Jobs USA v. U.S. Department of Homeland Security

210 F. Supp. 3d 1 · District Court, District of Columbia · Sep 27, 2016

for establishing an APA cause of action. … However, the record indicates that DHS clearly justified its change in policy, see 80 Fed.

Gjoci v. Department of State

District Court, District of Columbia · Sep 23, 2024

After a selectee’s documents are reviewed and approved, the documentarily qualified applicant must then wait for their number to become current under the State Department Visa Bulletin. 9 FAM 502.6-4(c)(1)(B). … But this case is readily distinguishable from Uzuegbunam, in which the plaintiffs—college students who were prevented from distributing religious literature in their college campus’s “free speech zone,”—had clearly articulated

Forrester v. United States Parole Commission

310 F. Supp. 2d 162 · District Court, District of Columbia · Mar 18, 2004

Furthermore, defendant asserts that plaintiff cannot obtain monetary damages because such relief is barred by the doctrine of sovereign immunity. Id. at 12. … Defendant also clearly invokes Fed.R.Civ.P. 12(b)(6), as it argues that plaintiff has failed to state a claim under § 1983 or the Privacy Act.