Case law

COMMITTEE TO DEFEND US CONST. v. Moon

776 F. Supp. 568 · District Court, District of Columbia · Oct 30, 1991

Applying RICO to disputes between two wholly illegitimate enterprises would lead to results clearly not intended by Congress. … Clearly, the plaintiff now agrees with that substantive position.

Smith v. Harvey

541 F. Supp. 2d 8 · District Court, District of Columbia · Mar 21, 2008

Compl. at 34), her claims must be dismissed since the doctrine established in Feres v. … However, the active duty counterpart regulation, Army Reg. 600-8-24, contains the same list of conduct that qualifies for involuntary separation of active duty officers.” (Mot. to Dismiss at 3 n. 1.)

National Association for the Advancement of Colored People v. United States Postal Service

District Court, District of Columbia · Oct 10, 2020

Such chronic medical conditions include “serious heart disease . . . , cancer, chronic obstructive pulmonary disease, type 2 diabetes, severe obesity, chronic kidney disease, sickle cell disease, and weakened immune system … Accordingly, Plaintiff’s claim “clearly admit[s] of judicial review.” Id. at 1173. 4.

Battle v. Master Security Company LLC

District Court, District of Columbia · Feb 9, 2018

Such a charge clearly would qualify as protected activity, but the mere fact that Battle filed an EEOC complaint does not support a retaliation claim. … It is well established that the Act “applies only to pay disparities stemming from sex 3 Given that Battle’s March 2013 statement mentions “unfair labor practices” and “pay discrepancies,” it is theoretically

United States v. Saltzman, D.O.

153 F. Supp. 3d 245 · District Court, District of Columbia · Jan 22, 2016

In that way, the government charges, he wrote prescriptions without having established a doctor-patient relationship, which is a prerequisite for the lawful distribution of a controlled substance. … He suffers from numerous interrelated ailments affecting his digestive, endocrine, circulatory, muscular, nervous, skeletal, and immune systems, all of which place substantial limits on his physical activity and require

Cobb v. Astrue

District Court, District of Columbia · Mar 17, 2011

Statutory and Regulatory Framework To qualify for disability insurance benefits under Title II of the Social Security Act, the plaintiff must establish that she is “disabled.” 42 U.S.C. § 423. … Jul. 30, 2009) (“When the evidence in the administrative record clearly generates an issue as to a particular listing and the ALJ fails to properly identify the [l]isting considered and to explain clearly the medical evidence

United States v. Yunis

681 F. Supp. 909 · District Court, District of Columbia · Feb 23, 1988

This plan, he argues, was established to deliberately circumvent our extradition treaty obligations with Lebanon and Cyprus. … In rejecting their application for relief, the Supreme Court wrote: "the Constitution does not confer a right of personal security or an immunity from military trial and punishment upon an alien enemy engaged in the hostile

Koretoff v. Schaefer

District Court, District of Columbia · Mar 9, 2009

Accordingly, plaintiffs are clearly bringing this challenge in their capacity as handlers and must therefore first exhaust their administrative remedies.6 See United States v. … Thus, plaintiffs are merely objecting to a regulation rather than asserting a definite personal right granted by the AMAA.8 In Stark, the Supreme Court specifically recognized that not every loss would qualify as a deprivation

Western Wood Preservers Institute v. McHugh

925 F. Supp. 2d 63 · District Court, District of Columbia · Feb 27, 2013

Despite this clearly established requirement, plaintiffs have not identified any specific member who has suffered either of these alleged harms. … The Supreme Court has expressly noted 8 that “a mere ‘interest in a problem,’ no matter how longstanding the interest and no matter how qualified the organization is

United States v. Speqtrum, Inc.

113 F. Supp. 3d 238 · District Court, District of Columbia · Jul 8, 2015

To qualify for D.C. Medicaid funding, providers of personal-care services and their patients must clear several hurdles. … Code, it failed to clearly point to any facts or statutory provisions so proving.

In Re Guantanamo Bay Detainee Litigation

581 F. Supp. 2d 33 · District Court, District of Columbia · Oct 9, 2008

Constitution grants Congress the authority “[t]o establish an uniform Rule of Naturalization.” U.S. Const, art. I, § 8, cl. 4. … “[T]he power to expel or exclude aliens [i]s a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.”

United States v. Seefried

District Court, District of Columbia · Oct 29, 2022

Affirming judicial immunity. … immunity.

Tovihlon v. Allied Aviation, Inc.

District Court, District of Columbia · Aug 29, 2018

a prima faci'e case for hostile work environment in the prese'nt lawsuit To state a p`rima facie case of hostile work environment, a “plaintiff must show that (1) he is a member of a protected class, in this case a ‘qualified … The plaintiff filed his first EEOC charge-conduct that clearly constituted protected activity_on December 11, 2011.

United States v. Demirtas

District Court, District of Columbia · Sep 2, 2016

And, importantly, Friedman’s Dutch counterpart neither asked her for further information nor qualified his assessment as based on incomplete information. … Bagga, 782 F.2d at 1544 (finding that the government’s conduct was “clearly no more than mere negligence” and insufficient to “tip the scale in favor of the defendant”); see also United States v. Kresler, 392 F.

United States v. Demirtas

District Court, District of Columbia · Sep 2, 2016

And, importantly, Friedman’s Dutch counterpart neither asked her for further information nor qualified his assessment as based on incomplete information. … Bagga, 782 F.2d at 1544 (finding that the government’s conduct was “clearly no more than mere negligence” and insufficient to “tip the scale in favor of the defendant”); see also United States v. Kresler, 392 F.

Joyce v. Office of the Architect of the Capitol

106 F. Supp. 3d 163 · District Court, District of Columbia · May 27, 2015

Yet even if, as Plaintiff alleges, this somehow shows that Morey had been concerned about Joyce’s use of leave in anticipation of retirement “all along,” that concern was clearly about use of leave. … As Defendant points out, however, the shift change was in the works for at least two weeks before Joyce even gave notice of his intention to take FMLA-qualifying leave.

Sobot v. Clean the World Foundation Inc.

District Court, District of Columbia · Sep 9, 2024

But the CDC grant does not qualify as “new funding” that counts towards Plaintiff’s fundraising goal because it was an extension of an existing grant—not a new source of funding. … Typically, McDonnell Douglass requires that a plaintiff “first establish a prima facie case of retaliation” by a “preponderance of the evidence.” Id. at 44–45.

Hesai Technology Co., Ltd v. United States Department of Defense

District Court, District of Columbia · Jul 11, 2025

. ¶¶ 112-117; and (4) that defendants’ “action [was] contrary to constitutional right, power, privilege, or immunity” – specifically, Hesai’s procedural due process rights. … Chenery Corp., 318 U.S. 80, 94 (1943) (requiring “that the grounds upon which the administrative agency acted by [be] clearly disclosed and adequately sustained”); Department of Com. v.

Mattiaccio v. Dha Group, Inc.

87 F. Supp. 3d 169 · District Court, District of Columbia · Apr 6, 2015

The establishment of malice or evil motive is not necessary for a finding of willfulness. Id. (citing Stevenson, 987 F.2d at 294). … Moreover, such a statement would arguably qualify as a “non-actionable statement of opinion.” Hargrow, 760 F.Supp. at 3.

In Re: Martha Akers

District Court, District of Columbia · Sep 28, 2023

“Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete disputes within the overarching bankruptcy case.” Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S. … Judge Gunn did not clearly err in these findings. Judge Gunn clearly laid out her findings, see Order Den. Mot. for Recons., Bankruptcy Case No. 16-600, ECF No. 435 at 4, which are supported by Mr.