Case law

Commonwealth of Massachusetts v. Department of Education

District Court, District of Columbia · Oct 12, 2018

Because their laws impose no such requirement, the States suggest, the Department’s approach “clearly conflicts with existing precedent in each of the States.” Id. … The States’ efforts to establish parens patriae standing fare no better.

Ecological Rights Foundation v. United States Environmental Protection Agency

District Court, District of Columbia · Feb 13, 2021

This document, too, qualifies for the deliberative process privilege. … In the course of determining that these records were neither predecisional nor deliberative, and therefore did not qualify for exemption, the Jordan Court noted that “a communication promulgating or implementing an established

United States Ex Rel. New v. Rumsfeld

350 F. Supp. 2d 80 · District Court, District of Columbia · Dec 22, 2004

of Defense, or the Department of the Army, petitioner established a prima facie case of a violation of the Foreign Emoluments Clause. … Assuming arguendo that the United Nations is a "foreign state” and that the uniform accouterments were actually issued by the United Nations, neither the patches nor the cap qualifies as an "emolument,” which is defined as

Crimson Galeria Ltd. v. Healthy Pharms, Inc.

337 F. Supp. 3d 20 · District Court, District of Columbia · Aug 21, 2018

DeMauro , 115 F.3d 94 , 98 (1st Cir. 1997), but the benefit or need for one here has not been established. … City of Wyoming , 495 Mich. 1 , 846 N.W.2d 531 , 534 (2014) (CSA does not preempt Michigan Medical Marihuana Act that immunizes registered qualifying patients from penalty for specified medical marijuana use).

Pierson v. Washington Metropolitan Area Transit Authority

821 F. Supp. 2d 360 · District Court, District of Columbia · Nov 4, 2011

According to the plaintiffs complaint, she had sought employment in other divisions within WMATA for which she was qualified but “was never contacted or interviewed for any of the positions.” Am. Compl. ¶37. … Id. at 12 (noting that a mere assertion of failure to exhaust administrative remedies without more is “clearly inadequate under prevailing regulations to establish a failure to exhaust administrative remedies”).

Narragansett Indian Tribe v. Pollack

District Court, District of Columbia · Jul 23, 2024

In short, Rhode Island refused to transfer the Mitigation Properties to the Tribe unless the Tribe agreed to waive its sovereign immunity with respect to the Mitigation Properties. Id. … consultation requirement when it sent an early notification to tribes, contacted tribes to discuss agency’s plans, and solicited tribes’ input). 29  Here, the Agency clearly

Energy Policy Advocates v. United States Department of the Interior

District Court, District of Columbia · Mar 21, 2023

Phone numbers, email addresses, and other contact information may qualify as “personnel . . . files” implicating personal privacy interests. See, e.g., Jud. Watch, Inc., 449 F.3d at 152–53; Pinson v. … Finally, the agency “bears the burden of establishing the character of the decision, the deliberative process involved, and the role played by the documents in the course of that process.”

Aguirre v. Securities & Exchange Commission

551 F. Supp. 2d 33 · District Court, District of Columbia · Apr 28, 2008

Thus, the government has not yet established its Exemption 4 claim.”). In addition, witnesses examined by the SEC have a diminished expectation of privacy. … First, plaintiff argues that defendant’s declaration is insufficient in establishing the adequacy of its search.

Al-Qahtani v. Bush

District Court, District of Columbia · Mar 6, 2020

To qualify for medical repatriation, an “other detainee” must be evaluated by a mixed medical commission. … vulnerable person is at stake, irreparable harm can be established.” 406 F. Supp. 2d at 20.

Cruz-Roldan v. Nagurka

District Court, District of Columbia · Feb 5, 2020

On the false arrest claims, he argues that he had probable cause to arrest Cruz-Roldan for second degree child abuse and is entitled to qualified immunity. … The expert must clearly articulate what the standard is and how it was violated by defendants, which is to be done by comparing "specific standards with specific facts or conduct."

Judicial Watch, Inc. v. U.S. Department of Commerce

District Court, District of Columbia · Nov 25, 2020

Graff’s explanation and the information in the second Vaughn index are sufficient to demonstrate that the withheld information qualifies for the deliberative process privilege. … Graff’s declaration “describes a culture of fear and secrecy within NOAA,” Pl.’s Opp’n and Cross Mot.”), ECF No. 24 at 9-11; and its argument based on that assertion as Judicial Watch has clearly mischaracterized Mr.

Dudley v. Washington Metropolitan Area Transit Authority

924 F. Supp. 2d 141 · District Court, District of Columbia · Feb 20, 2013

But the exhibits cited in the brief clearly indicate that these events happened in 2009. … But Dudley has failed to establish a prima facie hostile work environment claim.

Tripoli Rocketry v. Bureau of Alcohol

District Court, District of Columbia · Mar 26, 2010

However, "a finding that an agency acted arbitrarily and capriciously by denying equal treatment to similarly situated parties" – we would say clearly similarly situated – or … This result is called for because the agency did not follow the Circuit's instructions upon remand to establish a clear methodology of how it will determine whether a particular material qualifies as a deflagrating substance

Gibbs v. Washington Metropolitan Area Transit Authority

48 F. Supp. 3d 110 · District Court, District of Columbia · Jul 9, 2014

Specifically, Plaintiff Crisco’s April 8, 2011 complaint does not qualify as protected activity under controlling precedent. The D.C. … Yet “[a]lthough close proximity in time may establish a causal connection to make out a prima facie case of retaliation, more is required to establish pretext.” Nurriddin v.

Communications Workers of America v. Bell Atlantic Network Services, Inc.

670 F. Supp. 416 · District Court, District of Columbia · Jul 29, 1987

Second, the collective bargaining agreements state that employees on union leave may receive death benefits, as established under the Bell Atlantic Pension Plan. Stipulation 118. … This is so because, by definition, only employees who are on union leave from defendant employ *420 ers qualify for the “fringe” benefits here disputed.

Association of Private Sector Colleges and Universities v. Duncan

110 F. Supp. 3d 176 · District Court, District of Columbia · Jun 23, 2015

But the reader will search in vain for these qualifying words in the Association’s cited provisions from elsewhere in the Act. … The Association says yes, reasoning first that the certifications are arbitrarily (even unconstitutionally) vague, “because they fail to define clearly which licensure requirements any given program must satisfy.”

Lemmons v. Georgetown University Hospital

431 F. Supp. 2d 76 · District Court, District of Columbia · May 4, 2006

In response, the plaintiff argues that summary judgment is improper because “the undisputed facts on the record ... clearly show that [she] was discriminated against because of her race and has been subjected to a pattern … Because the Court concludes that the plaintiff plainly fails to establish a prima facie case of race discrimination, it need not consider whether or not the actions at issue qualify as “adverse.” 14 .

Keister v. Aarp Benefits Committee

District Court, District of Columbia · Oct 7, 2019

AARP Benefits is also plainly covered by the Release that Keister signed if it qualifies as an administrator of one of AARP’s “employee benefit programs[.]” (Release at 3, ¶ 2.) … Additionally, Keister’s ERISA claim clearly falls outside the exceptions listed in the second sentence of the Release’s exclusions provision.

Eley v. Stadium Group, LLC

236 F. Supp. 3d 59 · District Court, District of Columbia · Feb 17, 2017

Then, “[o]nce a bona fide dispute has been established, the court must consider whether the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by … These disputes clearly demonstrate that bona fide issues exist regarding both Plaintiffs’ entitlement to any additional compensation at all, and also the amount of wages, if any, that Defendants owe to them.

Shurtleff v. United States Environmental Protection Agency

991 F. Supp. 2d 1 · District Court, District of Columbia · Sep 30, 2013

Bush established for the purpose of developing a national energy policy. … The Plaintiff maintains that the EPA’s representations do not satisfy its burden of establishing that the records are properly withheld because the Agency has failed to establish that the communications were confidential