Case law

Doe v. Office of Personnel Management

District Court, District of Columbia · Feb 17, 2025

To qualify, the injury must not only be unrecoverable, it must also be “both certain and great; [and] it must be actual and not theoretical.” Wis. Gas Co., 758 F.2d at 674. … “great.” 4 Were this a case brought under the Freedom of Information Act (“FOIA”), the Court might conclude that the agency is entitled to withhold the email addresses on the ground that disclosure “would constitute a clearly

Wilson v. Wmata

District Court, District of Columbia · Jul 6, 2009

This is, at best, a mischaracterization of the cited portion of Defendant's Motion for Summary Judgment, which clearly explains that the only unverified information pertained specifically to the identity of the person … While Burkholder has a substantial disciplinary history, for the reasons stated above, he does not qualify as a similarly-situated individual. IV.

Louise Trauma Center LLC v. United States Department of Homeland Security

District Court, District of Columbia · Apr 11, 2022

To qualify, information must be predecisional and deliberative. See Sierra Club, 141 S. Ct. at 786. … They thus qualify as law enforcement records under 7(E). The Court turns next to whether USCIS properly invoked the exemption.

In Re Polar Bear Endangered Species Act Listing

627 F. Supp. 2d 16 · District Court, District of Columbia · Jun 22, 2009

The language in the Final Rule is not of a "merely tentative or interlocutory nature[,]" but rather represents the "`consummation' of the agency's decisionmaking process" and, as that language and the July 29, 2008 letter clearly … Circuit found that in the preamble that plaintiff challenged, the agency "spoke in the conditional, suggesting that events in the various categories `may be exceptional events' or `may qualify for exclusion under this rule

Wp Company LLC v. National Highway Traffic Safety Administration

District Court, District of Columbia · Mar 25, 2026

as private by its owner” to qualify as “privileged or confidential.” 588 U.S. at 440. … the latitude, longitude, address, and zip code of the accidents. 7 Under Exemption 6, agencies may permissibly withhold “personnel and medical files and similar files the disclosure of which would constitute a clearly

Hudson v. Jewell

District Court, District of Columbia · Apr 10, 2020

The plaintiff bears the burden of establishing the invalidity of the agency’s action. Id. III. … The Resolution may or may not have requested decertification for the same reason as Hudson argues, but the Tribe clearly signaled its unease with low turnout based on the total number of tribal members, not the number of

In Defense of Animals v. United States Department of Agriculture

District Court, District of Columbia · Sep 18, 2009

LSR was judicially estopped from raising this untimely argument that was clearly inconsistent with the position it maintained for years. See In Def. of Animals v. USDA, 589 F. Supp. 2d 41, 43 (D.D.C. 2008). … Szot expressly conceded that he could not “say 8 Nor did the defendants establish that Caulfield would be qualified to give such an opinion.

Hicks v. District of Columbia Office of the Inspector General

District Court, District of Columbia · Mar 30, 2018

Without more, the “bags of money” comments are not enough to qualify as direct evidence of age discrimination. … Plaintiff Has Not Established That He Made Protected Disclosures Regarding the Payment Non-Suspension Issue Plaintiff argues that his disclosures qualify as protected activity under the DCWPA.

Hartman v. Albright

District Court, District of Columbia · Nov 3, 2020

But the court at first rejected any payment for delay, ruling “that Congress had not waived sovereign immunity to permit prejudgment interest on fees and expenses in this case.” Defs.’ … The Eleventh Circuit emphasized this point in Home Depot, observing that “[t]his case . . . is a contractual fee-shifting case, and the appropriate method for such a case is not clearly governed by any binding precedent.”

Mattiaccio v. Dha Group, Inc.

20 F. Supp. 3d 220 · District Court, District of Columbia · Feb 26, 2014

However, the Federal Rules of Civil Procedure clearly allow a party to make multiple Rule 12 defenses at the same time. See Fed. R. Civ. P. 12(g); see also Wilson v. … Moreover, any qualified privilege defense that Defendant Fischer might be able to claim at this stage is overcome by the fact that Plaintiff has alleged that Defendant Fischer published the defamatory statement knowing

Hoffa v. Saxbe

378 F. Supp. 1221 · District Court, District of Columbia · Jul 19, 1974

According to one authority, the pardon prerogative was clearly established in English practice as early as the seventh century but it was also clear that numerous authorities, in addition to the King, claimed the right to … In that ease President Wilson offered a pardon to the petitioner which would have had the effect of immunizing him from any liability for incriminating statements made in the course of testifying before a federal grand jury

National Treasury Employees Union v. King

798 F. Supp. 780 · District Court, District of Columbia · Jul 24, 1992

The standards for reviewing the constitutionality of the denial of NTEU’s permit requests are well established. … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.

Bonaccorsy v. District of Columbia

District Court, District of Columbia · Feb 12, 2010

Unliquidated damages are “damages that cannot be determined by a fixed formula and must be established by a judge or jury.” Bowie v. Gonzales, 433 F. … Cir. 1986), and the Court finds that the one incident of alleged retaliation against Sanders does not qualify as pervasive.

United States v. Allen

District Court, District of Columbia · Jun 22, 2026

There are limits to who qualifies as a crime “victim” for disqualification purposes. Consider United States v. Hubbard, 493 F. Supp. 206 (D.D.C. 1979). … That is clearly untenable. Cf. id. 3 Third, Allen gestures at Blanche’s and Pirro’s media statements, arguing that they show bias. See Mot. at 8–10.

Gautreau v. Hopkinton Pub. Sch.

308 F. Supp. 3d 565 · District Court, District of Columbia · Apr 19, 2018

level; (3) was terminated; and that (4) his employer sought to fill his position by hiring a similarly qualified individual. … The record clearly chronicles plaintiff's deteriorating relationship with Keller, but contains scant evidence of discrimination animating that deterioration.

Kondapally v. U.S. Citizenship and Immigration Services

District Court, District of Columbia · Aug 27, 2020

Plaintiff contended that his pending motion to reopen and reconsider the revocation of the I-140 petition qualified his I- 765 application for treatment under this regulation. Am. Compl. at 35 ¶ 156. … Indeed, “[a]s a rule, ‘[w]hen a mandatory preliminary injunction is requested, the district court should deny such relief unless the facts and law clearly 8 favor the

United States v. Sumler

District Court, District of Columbia · Dec 28, 2021

Under this first prong to establish a CCE murder offense, then, no reference is made to any penalty attached to the drug offense violation. … Were he to be vaccinated, he “would not be likely to suffer exacerbation of [his medical] conditions as a result of COVID- 19 . . . because the vaccine would strengthen defendant’s immune response to the virus, protecting

Sarno v. United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives

278 F. Supp. 3d 112 · District Court, District of Columbia · Sep 29, 2017

Exemption 6 of FOIA protects personnel, medical, or similar information, the disclosure of which “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). … Cir. 2011) (stating that Exemption (7)(C) “establishes a lower bar for withholding material” than Exemption 6).

McNamara v. Picken

District Court, District of Columbia · Jan 11, 2012

A motion pursuant to Rule 12(c) is appropriately granted when, at the close of the pleadings, “no material issue of fact remains to be resolved, and [the movant] is clearly entitled to judgment as a matter of law.” … To establish a claim on this basis, a plaintiff “must plead ‘(1) the existence of a valid business relationship or expectancy, (2) knowledge of the relationship or expectancy on the part of the interferer, (3) intentional

Sea Shepherd Conservation Society v. Internal Revenue Service

89 F. Supp. 3d 81 · District Court, District of Columbia · Mar 31, 2015

Exemption 6 shields from mandatory disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). … § 552(a)(4)(B), and because it has not clearly identified and explained the basis for its withholding, it has not carried that burden here.