Case law

Ali v. Colvin

236 F. Supp. 3d 86 · District Court, District of Columbia · Feb 21, 2017

The Social Security Act To qualify for disability benefits under Title II, the Commissioner must find that the applicant has a “disability” as defined in the Act. See 20 C.F.R. § 404.315. … Rather, the claimant must also furnish objective medical evidence of the symptoms established by medically acceptable clinical or laboratory techniques. Id.

United States v. Concord Management and Consulting LLC

District Court, District of Columbia · Nov 15, 2018

This need to establish deception explains the D.C. Circuit’s decision in In re Sealed Case, 223 F.3d 775 (D.C. Cir. 2000), on which Concord relies. … And it defines “independent expenditure[s]” to include “an expenditure by a person . . . expressly advocating the election or defeat of a clearly identified candidate.” Id. § 30101(17).

National Right to Work Legal Defense and Education Foundation, Inc. v. U.S. Department of Labor

828 F. Supp. 2d 183 · District Court, District of Columbia · Dec 12, 2011

Circuit has explained that records only qualify as predecisional and deliberative if “they reflect advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies … As to item 14, Vaughn Index [10-1] 14, which comprises two pages of unattributed handwritten notes dated April 7, 2009, the Department’s description of this document is sufficient to establish that it was appropriately

Davis v. District of Columbia Child and Family Services Agency,et Al

304 F.R.D. 51 · District Court, District of Columbia · Jun 4, 2014

Munro qualifies as an expert and indicated that Dr. Munro’s résumé was provided to the District. Id. at 2. … ANALYSIS As explained above, Plaintiffs clearly have been and continue to be in violation of multiple Court discovery orders.

Queen v. Schmidt

District Court, District of Columbia · Sep 3, 2015

Superior Court in violation of a rule providing immunity from service in those circumstances. Soon after the parties had briefed Ms. … But the Trust itself had, at least up until that point, clearly been centered in the District of Columbia, as they undoubtedly knew. As noted already, Ms.

Rojas-Vega v. United States Citizenship & Immigration Service

132 F. Supp. 3d 11 · District Court, District of Columbia · Sep 23, 2015

Exemption 6 Exemption 6 protects “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). … Any information that “applies to a particular individual” qualifies for consideration under this exemption. U.S. Dep’t of State v. Washington Post Co., 456 U.S. 595, 602 (1982); accord New York Times Co. v.

Home Care Association of America v. Weil

76 F. Supp. 3d 138 · District Court, District of Columbia · Dec 22, 2014

Services “which require and are performed by trained personnel,” such as by nurses, do not qualify as “companionship services.” Id. … As such, Congress has clearly spoken on this issue, and the Department’s new, conflicting rule therefore cannot survive. II. Long Island Care at Home Ltd. v.

Truong v. United States Citizenship and Immigration Services

District Court, District of Columbia · Dec 1, 2022

Security’s (“DHS”) rule change in 2019 amending the regulations governing the EB-5 program and raising the investment thresholds for applicants, applicants seeking lawful permanent residence through the EB-5 program only qualified … The thing that is important to remember about this is that lawful source of funds must be shown, and the path of funds must be clearly documented and demonstrated.

Wang v. Pompeo

District Court, District of Columbia · Mar 25, 2020

The 1965 Act amended § 203 of the INA by establishing seven preference categories for the total number of available immigrant visas and a worldwide numerical quota on immigrant visas. … If Congress had intended to repudiate State’s interpretation of the statute—with substantial immigration consequences—it would have done so clearly. See Whitman v.

Saunders v. George Washington University

768 F. Supp. 854 · District Court, District of Columbia · Jun 27, 1991

The plaintiff has accordingly offered evidence and suggested reasonable inferences to be drawn from that evidence which clearly raise genuine issues of material fact that a jury must resolve. A. … “The burden of establishing a prima facie case of disparate treatment is not onerous.” Burdine, 450 U.S. at 253 , 101 S.Ct. at 1093 .

Hartwell v. United States

353 F. Supp. 354 · District Court, District of Columbia · Dec 26, 1972

In that case the sentencing court is clearly the most convenient forum because of the location of trial transcripts, presentence reports, witnesses, etc. … Obviously the judgment of the qualified administrators at Danbury as to what is and what is not the proper treatment for narcotic addicts sentenced under NARA must be accepted unless it clearly appears that the treatment

Oceana, Inc. v. Gutierrez

District Court, District of Columbia · Oct 1, 2020

Dredge Hour Surrogate and 359,757 Dredge Hours In its second remand, this Court directed the agency to both (1) “more clearly explain its reliance on the dredge hour surrogate” and (2) more clearly explain … But the agency does need to establish how the monitoring surrogate it seeks to rely on is an adequate proxy for the numerical take limit.

Anand v. U.S. Department of Health and Human Services

District Court, District of Columbia · Sep 15, 2026

“Although a procedural rule, Congress affirmatively enacted Rule 6(e) in such a way as to qualify it as a provision under which an agency may claim Exemption 3 withholdings,” and “[t]he law of this Circuit has long settled … To determine whether an invasion of privacy is “clearly unwarranted,” courts “must weigh the ‘privacy interest in non-disclosure against the public interest in the release of the records.’” Id.

Natural Resources Defense Council v. Lujan

768 F. Supp. 870 · District Court, District of Columbia · Jul 22, 1991

Congress specifically requested an environmental assessment (the § 1002 Report) and clearly intends that it be used to inform the decisionmaking process. … To hold that plaintiffs lack standing and thereby immunize the LEIS from challenge would completely undermine these essential purposes of NEPA.

Clean Label Project Foundation v. Garden of Life, LLC

District Court, District of Columbia · Sep 23, 2021

Legal Standard To establish the existence of a case or controversy, “the plaintiff ‘must clearly . . . allege facts demonstrating’ each element” of Article III standing. Spokeo, Inc. v. Robins, 136 S. … But “no matter how longstanding the interest and no matter how qualified the organization is in evaluating the problem,” an organization’s abstract interest in an issue is insufficient to establish standing.

Perkins v. Berryhill

District Court, District of Columbia · May 7, 2019

To qualify for Supplemental Security Income, a claimant must establish that she is “disabled.” 42 U.S.C. §§ 423(a)(1)(D), 1382(a)(1). … More so than in these cases, the record here is far from clearly substantiating a disability.

Cloonan v. Holder

768 F. Supp. 2d 154 · District Court, District of Columbia · Mar 8, 2011

Stein, sent a “clearly malicious and defamatory” letter which “relied upon information obtained by David Barnes in his official capacity as a supervisory employee of the” USMS. Id. at ¶ 34. … Barnes was acting within his official capacity, and thus the true party of interest is the United States, which is immune from defamation claims.

Rice v. District of Columbia

818 F. Supp. 2d 47 · District Court, District of Columbia · Jun 13, 2011

This is because a defendant is not permitted to avoid compensating his victim merely because the victim was able to qualify for Medicaid benefits. Id. … The problem with Defendants argument is that the jurors clearly awarded total compensatory damages in the amount $440,208.40.

W.S. v. District of Columbia

District Court, District of Columbia · Nov 12, 2020

There is a noticeable absence of behavior-shaping, which [W.S.] clearly needs. 18  Appendix A W.S., et al., v. … Solomon was clearly much more familiar with the program Reid, 401 F.3d at 521 (citation omitted).

Fritch v. U.S. Department of State

220 F. Supp. 3d 51 · District Court, District of Columbia · Oct 27, 2016

In his Supplemental Submission, Plaintiff advanced the following additional contentions: • A “newly disclosed” Standard Operating Procedure (SOP A-10) “clearly indicate[d] that assignments of … organization under the regulations; and, • The grievance-level errors did not establish a “nefarious motive” sufficient to constitute a due process violation.