Case law

Haynes v. Dc Water is Life

271 F. Supp. 3d 142 · District Court, District of Columbia · Sep 22, 2017

Furthermore, the narrative set forth in plaintiff’s EEOC charge was coherent and clearly set forth a claim of discrimination based on disability. … However, it is well-established that “it is no longer relevant” if plaintiff established his prima facie case once defendant has proffered a non-discriminatory explanation for its conduct. U.S. Postal Serv.

United States v. All Funds on Deposit At

District Court, District of Columbia · Mar 13, 2019

Against this background, we cannot conclude that the trial court’s handling of discovery in this case was an abuse of discretion or clearly unreasonable. … and qualify or deny the rest.

Davis v. Berryhill

272 F. Supp. 3d 154 · District Court, District of Columbia · Aug 7, 2017

A review of the Dictionary of Occupational Titles’ descriptions of the three jobs for which the ALJ and the VE determined Plaintiff is qualified—router, stock checker, and non-postal mail clerk—establishes that none of … Accordingly, the undersigned will not remand this matter, as doing so would be to replace the ALJ’s clearly explained judgments with his own.

['CORPORATE SYSTEMS RESOURCES v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY']

31 F. Supp. 3d 124 · District Court, District of Columbia · Mar 25, 2014

In support of its position that the plaintiff qualifies as a third-party beneficiary to the Prime Contract, the plaintiff cites fifteen sections of Defendant WMATA’s procurement procedures manual (“PPM”) which, according … Ex. 2 at 1, does not establish privity between the plaintiff and Defendant WMATA.

Reid v. District of Columbia

310 F. Supp. 2d 137 · District Court, District of Columbia · Mar 16, 2004

Reid’s contact with school officials, two of those encounters clearly do not give rise to a finding that Mathew’s disabilities should have been recognized at the beginning of the 1995-96 school year. … However, the Court finds that plaintiffs have failed to establish that they are entitled to this relief for several reasons.

Vhs Acquisition Subsidiary Number 7, Inc. v. National Labor Relations Board

District Court, District of Columbia · Dec 10, 2024

Instead, it stressed that the PCAOB officers were “safely encased within a Matryoshka doll of tenure protections,” rendering them “immune from Presidential oversight, even as they exercised power in the people’s name.” … Qualifiers like “adjudicatory” and “subordinate” cannot obviate the threat that multiple layers of tenure protections pose to the separation of powers.

Potts v. Howard University Hospital

736 F. Supp. 2d 87 · District Court, District of Columbia · Sep 8, 2010

[he] ‘was qualified for a job for which the employer was seeking applicants ’ ” (emphasis added) (quoting McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. 1817 )). … “Such an action must be firmly anchored in either the Constitution or in a statute or regulation which clearly reflects the particular ‘public policy’ being relied upon.” Warren v. Coastal Int’l Secs., Inc., 96 Fed.

Tax Analysts v. Internal Revenue Service

152 F. Supp. 2d 1 · District Court, District of Columbia · May 21, 2001

Plaintiff also argues that IRS has not established that it has complied with the requirements of Section 6105(b)(3). See PL Resp. to Notice at 7-16. … The facts of FOMC were decided on the legal question of whether to incorporate a qualified privilege for confidential commercial information. See 433 U.S. at 360, 97 S.Ct. 2691 .

American Bankers Ass'n v. National Credit Union Administration

38 F. Supp. 2d 114 · District Court, District of Columbia · Mar 10, 1999

For the foregoing reasons, the ABA has failed to establish a substantial likelihood of prevailing on the merits of this claim. B. … See 63 Fed.Reg. at 72003 ("At a minimum, to qualify as a service facility/ the member must be able to deposit funds, apply for a loan, and obtain funds on approved loans."). 10 .

Saba v. U.S. Department of Agriculture

26 F. Supp. 3d 16 · District Court, District of Columbia · Feb 14, 2014

Saba the best qualified candidate and offered him the electrical engineer position at the GS-11 level. Id. ¶ 8. When Mr. Saba balked at the salary, Mr. Riggs re-offered the position at the GS-13 level. Id. Mr. … Cir. 1987), and requires dismissal if the plaintiff fails to establish the Court’s jurisdiction over the claims alleged in his complaint.

Oceana, Inc. v. Pritzker

24 F. Supp. 3d 49 · District Court, District of Columbia · Mar 10, 2014

Council, 490 U.S. 360, 378 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts, even if, as an original matter, a court might … The ACT control rule should clearly articulate how management uncertainty in the amount of catch in the fishery is accounted for in setting the ACT.

Brown v. Federal Bureau of Investigation

873 F. Supp. 2d 388 · District Court, District of Columbia · Jul 10, 2012

Having established a significant privacy interest, the Court must determine if there is any public interest that can outweigh it. … Confidentiality can be established expressly or impliedly.

Judicial Watch, Inc. v. United States Department of Energy

310 F. Supp. 2d 271 · District Court, District of Columbia · Mar 31, 2004

Rossotti, 326 F.3d at 1315 (reversing district court’s dismissal of FOIA claim for failure to exhaust because the FOIA request did qualify for public interest exception). … As the Court has discussed above, the request letter to FEMA was sufficient to qualify Judicial Watch for the public interest fee waiver.

Norfolk Southern Railway Company v. Solis

District Court, District of Columbia · Jan 3, 2013

Certain railroad employees, such as employees working in shops, could qualify for both the new remedy provided in this legislation, or an existing remedy under OSHA. … . 117 (1991) for the proposition that a railroad employee seeking relief for violation of the terms of a CBA is seeking protection under the RLA, and that a CBA falls under “all other law” as it appears in a statutory immunity

Sickle v. Torres Advanced Enterprise Solutions, LLC

District Court, District of Columbia · Sep 14, 2020

Nothing in Plaintiffs’ complaint or any of their other filings establishes that Scott Torres qualifies as “more than an employee” for the purpose of this doctrine, such that the Court can attribute the official business … To be sure, the law in Virginia clearly establishes that “every contract contains an implied covenant of good faith and fair dealing,” Enomoto v. Space Adventures, Ltd., 624 F. Supp. 2d 443, 450 (E.D.

Reilly v. Secretary of the Navy

12 F. Supp. 3d 125 · District Court, District of Columbia · Jan 29, 2014

The BCNR decision found that “the evidence submitted was insufficient to establish the existence of probable material error or injustice.” (Id.) … 16 (“[I]t is the plaintiff’s contention that the Government is equitably estopped from sending the plaintiff to a war to risk his life in the very jobs that it subsequently asserted (and continues to assert) he is not qualified

Texas Defender Service v. Sessions

District Court, District of Columbia · Apr 9, 2019

the State for certification was established.”) … Opp’n at 25, and they contend that “[t]he loss of important procedural rights, particularly for a death-sentenced prisoner, clearly constitutes injury in fact,” id. at 26.

John L. Doyne Hospital v. Johnson

603 F. Supp. 2d 172 · District Court, District of Columbia · Mar 30, 2009

As part of its final cost report, the Hospital sought reimbursement for the postretirement health insurance benefit costs of qualifying employees for the period 1996 through 2044, which it considered a reasonable cost of … The record clearly establishes that the intermediary believed that the employees’ sick leave was funded by the County based on the text of certain records, although this turned out to a factual mistake.

Decatur Liquors, Inc. v. District of Columbia

384 F. Supp. 2d 58 · District Court, District of Columbia · Jun 16, 2005

There appear to be only five qualifying supermarkets in the entire District of Columbia; the record is unclear as to whether any of them is in Ward 4. … To find otherwise would ignore the requirements of the Home Rule Act and the clearly expressed intentions of the Congress. 20 3.

Colm v. Kissinger

406 F. Supp. 1250 · District Court, District of Columbia · Dec 17, 1975

determining whether the benefit involved is a property interest in the constitutional sense, it must be found that the individual had a “legitimate claim of entitlement”: To have a property interest in a benefit, a person clearly … The “up or out” system is quasi-automatic; it does not involve the affirmative action of a permanent personnel administration. 34 Rather than attaching a stigma, it is a system which promotes “the best of the best qualified