Case law

National Ass'n for Advancement of Colored People v. Meese

615 F. Supp. 200 · District Court, District of Columbia · Jul 2, 1985

Although the parties have briefed and *202 argued a great many issues, 4 two fundamental principles of law so clearly stand as obstacles to the grant of relief by the Court that none of the other issues is open for consideration … The EEOC also has the authority to grant immunity to employers who follow the interpretations and opinions of the Commission. See also, Albemarle Paper Co. v.

Pinson v. United States Department of Justice

245 F. Supp. 3d 225 · District Court, District of Columbia · Mar 29, 2017

First, Exemption 6 “encompasses ‘clearly unwarranted’ invasions of privacy, while Exemption 7(C) omits the adverb ‘clearly.’” Id. … Cir. 2011) (finding “no need to consider Exemption 6 separately [when] all information that would fall within the scope of Exemption 6 27 would also be immune from disclosure

Blackman v. District of Columbia

454 F. Supp. 2d 15 · District Court, District of Columbia · Aug 31, 2006

In a Hearing Officer Determination (“HOD”) issued on September 2, 2005, the Hearing Officer found that D.S. had been denied a free appropriate public education because “DCPS did not establish that the Parent was ever made … Assuming for the sake of argument that such a decision might have been within the scope of the Hearing Officer’s Order, this clearly is not what the MDT/IEP team actually determined.

United States v. Prepetit

District Court, District of Columbia · Oct 7, 2011

Thus, defendant’s motion to reopen based on newly discovered evidence, his motion for relief pursuant 4 Section 2255(a) provides that: A prisoner in custody under sentence of a court established … (internal quotations omitted). 6  As defendant’s motion was filed on September 1, 2011, clearly more than one-year after his judgment of conviction became final,

Angel v. Pan American World Airways, Inc.

519 F. Supp. 1173 · District Court, District of Columbia · Jul 30, 1981

Pan American originally moved for partial summary judgment on the theory that it could not establish as a matter of law that plaintiffs were not entitled to the refund value of the passenger ticket at issue. … Allegheny Airlines, Inc., 512 F.2d 527 (D.C.Cir. 1975), rev’d on other grounds 426 U.S. 290 , 96 S.Ct. 1978 , 48 L.Ed.2d 643 (1976), and plaintiffs clearly assert that Pan American discriminated against Michael Angel in its

United States v. Libby

461 F. Supp. 2d 3 · District Court, District of Columbia · Nov 2, 2006

The same clearly holds true for elucidating the factors that will be relevant to evaluating the testimony that will be presented in this case. … Bjork’s curriculum vitae and a review of his research demonstrates that he is eminently qualified to testify on the subject of memory- and perception. Def.’s Mem., Ex. B; see A. Benjamin, R. Bjork, & B.

Danielsen v. Dole

746 F. Supp. 160 · District Court, District of Columbia · Aug 28, 1990

determination that aircraft workers are better suited than technicians to perform inspection and repair of aircraft in operation, as required by the maintenance service contract, because unlike technicians, aircraft workers are qualified … a clearly defined or specific duty under the SCA to enforce retroactive wage determinations or to institute enforcement proceedings in every case.

A.I. Ex Rel. Iapalucci v. District of Columbia

402 F. Supp. 2d 152 · District Court, District of Columbia · Sep 19, 2005

A qualified impartial Hearing Officer conducts the due process hearing in accordance with the Act. D.C. Mun. Regs. tit. 5, § 3030.1 . … It is therefore highly relevant whether A.I. was making progress and experiencing meaningful educational benefit from the IEP established and implemented at Janney.

See, Inc. v. Scalia

District Court, District of Columbia · Jan 26, 2022

Ct. 2400, 2408 (2019), because it is clearly correct—and, in any event, Plaintiffs do not challenge the Board’s reading of the regulations. 16 does not stop there; it … the form had no logical place for the information, “we have allowed supplementation of the record, for instance, on reconsideration, because the Employer could not have been expected to include information that was not clearly

In Re ENDANGERED SPECIES ACT SECTION 4 DEADLINE LITIGATION

277 F.R.D. 1 · District Court, District of Columbia · Sep 9, 2011

The ESA establishes specific procedural steps for making a listing determination. … Indeed, FWS clearly explained it is not bound by the priority listings when it adopted the guidelines mandated by section 1533(h) nearly 30 years ago.

ALABAMA EDUCATION ASS'N v. Chao

539 F. Supp. 2d 378 · District Court, District of Columbia · Mar 27, 2008

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 .

United States v. Prepetit

816 F. Supp. 2d 121 · District Court, District of Columbia · Oct 7, 2011

Thus, defendant’s motion to reopen based on newly discovered evidence, his motion for relief pursuant 4 Section 2255(a) provides that: A prisoner in custody under sentence of a court established … (internal quotations omitted). 6  As defendant’s motion was filed on September 1, 2011, clearly more than one-year after his judgment of conviction became final,

Center for Public Integrity v. U.S. Department of Energy

District Court, District of Columbia · Jan 12, 2018

An agency’s release of records in response to a FOIA request qualifies as an official and documented disclosure. See Chesapeake Bay Found., 722 F. … In this case, although Sandia’s misdeeds became public, they hardly qualify as a “well- publicized scandal” that captured the public’s attention.

Cook v. Babbitt

819 F. Supp. 1 · District Court, District of Columbia · Apr 1, 1993

They clearly reflect a gender-conscious state of mind on the part of Alexander, Chiles, and Rambur. … Having concluded that the plaintiff established a prima facie case as a matter of law, the next task is to determine whether defendant has met its burden of going forward with evidence that could support a non-“clearly erroneous

Schoenman v. Federal Bureau of Investigation

573 F. Supp. 2d 119 · District Court, District of Columbia · Sep 1, 2008

Grafeld’s Supplemental Declaration thus clearly establishes that Documents P143, P319, and P334 were compiled “in connection with [an] investigation!] … This information clearly applies tp a particular individual, and involves a significant privacy interest.

Air Transport Ass'n of America v. Professional Air Traffic Controllers Organization (In Re Professional Air Traffic Controllers Organization)

18 B.R. 894 · District Court, District of Columbia · Mar 23, 1982

In addition this court notes the qualifying language of the footnote which states that “none of the explicit provisions for stays set forth in Fed.R.Civ.P. 62 would seem to apply.” … Moreover, it is well established that such fines, when payable to a private party, are intended to be compensatory in nature and not punitive in character. See Broadview Chemical Corp. v.

Fbme Bank Ltd. v. Lew

209 F. Supp. 3d 299 · District Court, District of Columbia · Sep 20, 2016

Quite the contrary: FBME has been able to fully and effectively present its objections on numerous occasions through highly- qualified counsel. … But because the NOF pointed clearly to this information and FinCEN’s use of it, FBME was adequately on notice.9 C.

Kangethe v. District of Columbia Government

District Court, District of Columbia · Sep 13, 2016

Diallo was less qualified than himself for the Permanent LMI AD Position. Compl. ¶¶ 52-53. … To establish a prima facie case under Title VII, “the plaintiff must show that (1) he is a member of a protected class; (2) he applied for and was qualified for an available position; (3) despite his qualifications he was

United States v. Hinckley

725 F. Supp. 616 · District Court, District of Columbia · Nov 28, 1989

are better qualified than *629 judges to render psychiatric judgments. … The evidence established that Mr.

Williams v. Chertoff

495 F. Supp. 2d 17 · District Court, District of Columbia · Jun 27, 2007

Read in context or standing alone, the cited language clearly applies to a plaintiffs pretext showing, not to his establishment of a prima facie case: if the court disbelieves a defendant’s asserted non-discriminatory explanation … Thus, neither officer clearly committed a "more serious, perhaps even criminal offense,” and neither received "favorable treatment.” 15 .