Case law

Mitchell v. National RR Passenger Corp.

407 F. Supp. 2d 213 · District Court, District of Columbia · Dec 30, 2005

Rather, “[t]he defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not … “To establish a prima facie case under the ADEA, for a claim involving a failure to hire, the plaintiff must demonstrate that (1) she is a member of the protected class (ie., over 40 years of age); (2) she was qualified for

Window Specialists, Inc. v. Forney Enterprises, Inc.

106 F. Supp. 3d 64 · District Court, District of Columbia · May 14, 2015

After establishing the process for taking field measurements on November 1, 2010, Mr. … In order to present opinions that are outside the scope of Rule 701, a witness needs to be qualified as an expert.

Safari Club International v. Salazar

818 F. Supp. 2d 240 · District Court, District of Columbia · Oct 17, 2011

The MMPA establishes different regimes for the taking and import of marine mammals depending on the species’ status. … Indeed, the MMPA clearly dictates that “no import may be made” of any marine mammal that has been designated as depleted except in narrow circumstances that do not apply here. 16 U.S.C. § 1371 (a)(3)(B).

Singh v. Napolitano

District Court, District of Columbia · May 11, 2010

A qualifying injury must be “concrete and particularized” and either “actual or imminent.” City of Dania Beach, Fla. v. FAA, 485 F.3d 1181, 1185 (D.C. Cir. 2007) (citing Fla. Audubon Soc'y v. … And pursuant to this clearly-established statutory and case authority, the Secretary presumably opted to rely on her general discretion to fashion procedural rules under Vermont Yankee in issuing the Policy Memorandum to

Kilby-Robb v. Duncan

210 F. Supp. 3d 150 · District Court, District of Columbia · Sep 28, 2016

Under the familiar framework established in McDonnell Douglas Corp. v. … “To qualify as direct evidence, a statement or remark must ‘itself show[ ] . . . bias in the employment decision.’” Conn v. Am. Nat’l Red Cross, 149 F. Supp. 3d 136, 146 (D.D.C. 2016) (quoting Wilson v.

Leach v. Resolution Trust Corp.

860 F. Supp. 868 · District Court, District of Columbia · Sep 9, 1994

In order to address such situations, the Court of Appeals for the District of Columbia Circuit first established the doctrine of circumscribed equitable discretion in the case of Riegle v. … plaintiffs where the ill in question could clearly be rectified by congressional action.”).

Pueblo of Santa Ana v. Hodel

663 F. Supp. 1300 · District Court, District of Columbia · May 1, 1987

The statute clearly prohibits betting. It is part of the state’s criminal code and provides for criminal penalties. … Congress has never clearly delineated the scope of the Secretary’s trust duties and the level of discretionary administrative oversight.

Kingman Park Civic Association v. Gray

27 F. Supp. 3d 142 · District Court, District of Columbia · May 14, 2014

This impact fits more clearly into the definition of “environment” set forth in the D.C. … The Court finds that none of the state law violations that Plaintiff has alleged rise to the level of qualifying for relief under § 1983.

Cause of Action Institute v. U.S. Department of Commerce

District Court, District of Columbia · Sep 12, 2022

To qualify under Exception 5, a document must satisfy two conditions: “its source must be a Government agency, and it must fall within the ambit of a privilege against discovery under judicial standards that would govern … Cir. 1999) (explaining the “public domain doctrine,” under which “materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record”).

American Postal Workers Union, Afl-Cio v. United States Postal Service

District Court, District of Columbia · Sep 30, 2010

Under Exemption 3, “only explicit nondisclosure statutes that evidence a congressional determination that certain materials ought to be kept in confidence will be sufficient to qualify[.]” Irons & Sears v. … the requested documents under Exemption 3, the Court declines to address whether Exemption 6, permitting an agency to withhold “personnel and medical files and similar files the disclosure of which would constitute a clearly

Gray v. United States Army Criminal Investigation Command

District Court, District of Columbia · Sep 30, 2010

As is explained below, the Court concludes that although defendants have adequately demonstrated that there is a pending administrative proceeding and that such a proceeding does qualify as a law enforcement proceeding … Accordingly, the Court concludes that defendants have failed to establish that there are no segregable portions of the withheld documents. C.

Mohammad v. Napolitano

District Court, District of Columbia · Dec 18, 2009

because it found “insufficient evidence to demonstrate that the proposed employment of the alien would specifically benefit the national interest of the United States to substantially greater degree than a similarly qualified … complete discretion in the Secretary,” and noting that “[t]o suggest otherwise and create a judicial standard or ‘clarification’ for good and sufficient cause would replace the Secretary’s judgment with judicial oversight clearly

Lightfoot v. District of Columbia

555 F. Supp. 2d 61 · District Court, District of Columbia · May 16, 2008

barred by the statute’s one-year statute of limitations, Id. at 7, (4) this Court lacks subject matter jurisdiction over the plaintiffs breach of contract claims, id. at 7-8, and (5) the defendants have absolute governmental immunity … In any *68 event, subsection (b)(1) has no applicability in this situation because the plaintiffs failure to give the medical certificates to his attorney does not qualify as "inadvertence” under Rule 60(b)(1).

Connex Press, Inc. v. International Airmotive, Inc.

436 F. Supp. 51 · District Court, District of Columbia · Apr 25, 1977

Thus the commercial unreasonableness of the sale shall not be qualified or minimized by the debtor’s failure to act more strenuously. … Plaintiff did not establish by a preponderance of the evidence a fraudulent intent, bad faith or even reckless disregard of plaintiff’s rights.

Coalition for Humane Immigrant Rights v. U.S. Department of Homeland Security

District Court, District of Columbia · Apr 10, 2025

And even if this Court had jurisdiction to issue relief, the Government insists that the Interim Final Rule is a procedural rule immune from notice and comment requirements. Id. … First, “where a plaintiff remains silent, asserts the Fifth Amendment privilege against self-incrimination, and is then subjected to some sanction or penalty for refusing to testify, [s]he clearly can assert a Fifth Amendment

Magruder v. Navy Federal Fin. Group, LLC

District Court, District of Columbia · May 19, 2021

Congress’s judgment, therefore, suggests that Magruder’s allegations of intangible harm qualify as a legally cognizable injury in this context. Spokeo, 136 S. Ct. at 1549. History confirms that conclusion. … Healthcare of La., Inc., 310 F.3d 385, 392 (5th Cir. 2002) (“Congress, through the FDCPA, has legislatively expressed a strong public policy disfavoring dishonest, abusive, and unfair consumer debt collection practices, and clearly

Shapiro v. Central Intelligence Agency

247 F. Supp. 3d 53 · District Court, District of Columbia · Mar 31, 2017

In a later declaration, the FBI—for the first time—asserts that the plan qualifies as deliberative because it discusses “the FBI and American Embassy’s statutory interests and responsibilities regarding any U.S. involvement … The agency also clearly indicated that it withheld information related to a fugitive, not just the individual’s fugitive status which might be publicly known, and Shapiro has not offered any evidence to discredit these

Kelley v. Billington

370 F. Supp. 2d 151 · District Court, District of Columbia · Mar 31, 2005

It’s going to be by seniority so that means all the black people have to stay.”) is not clearly racial harassment. … Other courts have deemed circumstances that were much worse than this not to qualify as racial harassment.

Youssef v. Federal Bureau of Investigation

541 F. Supp. 2d 121 · District Court, District of Columbia · Mar 30, 2008

Although Youssef is clearly disappointed that the FBI has not used his Arabic-speaking abilities and background differently in his assignments following the September 11, 2001 terrorist attacks, the Court finds that Youssef … Youssef may establish a prima facie case by showing 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 rejected; and (4) either

Northeast Hospital Corporation v. Johnson

District Court, District of Columbia · Mar 30, 2010

Massachusetts hospitals may qualify for a Medicaid DSH payment from MassHealth in several ways. … It concluded, at Chevron step one, that the Ohio regulation requiring treatment of these charity care patients was "clearly not part of a 'State plan approved under [Medicaid].'" Id. at 178.