Case law

LING YUAN HU v. George Washington University

766 F. Supp. 2d 236 · District Court, District of Columbia · Mar 2, 2011

had allegedly not been appropriately taught; that she was missing six credits for graduation; and that she had failed her comprehensive exam, due allegedly to Professor Clark’s failure to accommodate her language barrier, establishes … Under the Rehabilitation Act, ”[n]o otherwise qualified individual with a disability in the United States, as defined in section 29 U.S.C. § 705 (20), shall, solely by reason of her or his disability, be excluded from the

Savage v. Department of the Navy

District Court, District of Columbia · Sep 8, 2021

The Navy points to a 10th Circuit opinion which held that military investigations into potential racial discrimination qualify under exemption 7(C), see Ford v. … and the public interest being asserted is to show that responsible officials acted negligently or otherwise improperly in the performance of their duties, the requester must establish

District No. 1, Pacific Coast District, Marine Engineers' Beneficial Association Afl-Cio v. Liberty Maritime Corporation

District Court, District of Columbia · Jan 15, 2019

Unlike Bombara'ier, I find that, based on the record, the parties’ intent here is clearly “to pursue arbitration.” Ia’. … See Pl.’s Opp. to Mot. to Dismiss [Dkt. # 121 (“Pl.’s Mot.”) at 22. lnstead, plaintiff argues, “[t]he legitimacy of an arbitrator is a threshold question that must be established before the 10 scope of arbitration

United States v. Harrington

741 F. Supp. 968 · District Court, District of Columbia · Jul 13, 1990

Streater were “experts in the field of addiction to controlled substances and qualified to give expert opinions on whether Kelvin Harrington was such an addict when he was arrested ... and what his present chances are for … Chambers found Harrington to be “compliant, cooperative and polite,” but upset at being taken away from “his intense drug rehabilitation program at Lorton which is clearly quite important to him.” Letter of Dr.

Thompson v. Dc Government

District Court, District of Columbia · Sep 30, 2018

of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen ofthe United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … District of Columbia had a policy or practice of retaliating against employees for exercising the right to free speech under the First Amendinent” because an isolated “incident of alleged retaliation against plaintiff does not qualify

Bing v. Architect of the Capitol

District Court, District of Columbia · Oct 27, 2017

STANDARD OF REVIEW When defending against a Rule 12(b)(1) motion to dismiss, plaintiffs bear the burden of establishing a court’s subject-matter jurisdiction. See Lujan v. … Bing did not state a claim for hostile work environment as clearly as the plaintiffs in Steele and Reshard, or indeed clearly enough for this Court to definitively find that he did include such a claim in his Amended Complaint

Ayvazian v. McDonough

District Court, District of Columbia · Jun 30, 2025

A significant reduction in job responsibilities, as Plaintiff alleges here, can qualify as an adverse employment action. See Holcomb v. Powell, 433 F.3d 889, 902 (D.C. Cir. 2006). … Chen” for a position for which Plaintiff believes she was “better qualified” — in June of 2023. See Opp. at 38.

Cape Hatteras Access Preservation Alliance v. U.S. Department of the Interior

731 F. Supp. 2d 15 · District Court, District of Columbia · Aug 17, 2010

To establish standing, plaintiffs must establish that they meet certain constitutional and prudential requirements. … As such, plaintiffs fail to establish that the Service’s administrative cost analysis is arbitrary and capricious, ii.

Securities & Exchange Commission v. National Student Marketing Corp.

457 F. Supp. 682 · District Court, District of Columbia · Aug 31, 1978

The violations themselves establish the first element of aiding and abetting liability, namely that another person has committed a securities law violation. Rolf v. … The combination of these factors clearly provided substantial assistance to the closing of the merger.

Deskins v. Purdue

District Court, District of Columbia · Dec 5, 2022

The Plaintiff’s November 2015 Suspension As part of the bi-weekly report system established by Ms. … The Court concludes that the explanations provided by the defendant qualify as legitimate, non-discriminatory reasons for each of the adverse employment actions, i.e., “dissatisfaction with the plaintiff’s performance[,

Lopez-Pena v. Barr

District Court, District of Columbia · May 28, 2021

To start, it is well established that a challenge to the petitioner’s federal conviction or sentence must be made in the sentencing court under 28 U.S.C. § 2255. See Pradelski v. Hawk- Sawyer, 36 F. … Thus, to qualify as insubstantial, a claim’s unsoundness must so clearly result from the previous decisions of the Supreme Court as to foreclose the subject and leave no room for the inference that the question

Sheinbaum v. American Casualty Company of Reading, Pennsylvania

District Court, District of Columbia · Oct 1, 2010

“Professional services” are defined “those services for which you are licensed, certified, accredited, trained or qualified to perform within the scope of practice recognized by the regulatory agency responsible for maintaining … Sheinbaum’s interpretation is contrary to the plain meaning of the exclusion and conflicts with the public policy of all the jurisdictions in the 16 United States that have established

Eli Lilly and Company v. Brenner

248 F. Supp. 402 · District Court, District of Columbia · Dec 6, 1965

In order to qualify for the benefits of section 119, it is sufficient that the foreign country of which the inventor is a citizen or subject (assuming the inventor files first in his own *423 homeland, which is usually the … Plaintiff further contends, in essence, that the Viviani decision and the practice which it established for thirty years were popular, but the new practice established by the Commissioner is unpopular.

100reporters LLC v. United States Department of Justice

307 F.R.D. 269 · District Court, District of Columbia · Dec 3, 2014

One such consequence that frequently qualifies as impairment is when the disclosure of materials following the disposition of a FOIA action “could impair the applicants’ ability to protect their trade secrets or confidential … The Court therefore finds that Siemens has established Article III standing to intervene as a defendant in this litigation. 8 2.

Khairkhwa v. Bush

District Court, District of Columbia · Jun 23, 2011

UNCLASSIFIEDIIFOR PUBLIC RELEASE I I  UNCLASSIFIEDIIFOR PUBLIC RELEASE "£tJhese speeches, given by the most senior Taliban official in Mazar at the time, clearly indicate … It is far from clear that these findings, standing alone, would establish the lawfulness of the petitioner's detention.

United States v. Campbell

District Court, District of Columbia · Jul 27, 2011

Others are such that to limit their locus to the strictly territorial jurisdiction would be greatly to curtail the scope and usefulness of the statute and leave open a large immunity … extraterritorial conduct).4 Aside from “the necessary implication of the statute,” the Ninth Circuit in Cotten also found persuasive evidence that the criminal venue provisions of 18 U.S.C. § 3238 were amended to establish

United States v. Eiland

398 F. Supp. 2d 160 · District Court, District of Columbia · Oct 21, 2005

While defendants.’ coded speech, makes it difficult to determine the topic of the conversation, it is clearly suspicious, and along.with the other evidence of a drug trafficking conspiracy, establishes probable cause for … While much information had been obtained from the initial wiretap authorization, the affidavit clearly documents the continuing need for the wiretap. Sparks 3/17/04 Aff. ¶ 71.

Qualls v. Rumsfeld

357 F. Supp. 2d 274 · District Court, District of Columbia · Feb 7, 2005

However, statuschanging contracts are not immune from court challenge. … First, the court finds the old legislative history cited to be too unclear to establish Congress' intent that the statute apply only to formally declared wars.

Salar v. Pruitt

277 F. Supp. 3d 11 · District Court, District of Columbia · Sep 30, 2017

In short, because the record clearly establishes that the EPA’s decision to transfer Salak was made prior to Salak’s invocation of his rights under Title VII, no reasonable jury could find that the agency decided to reassign … (See generally id.) 8 The AJ found *19 that, although the agency’s decision to initiate the process to reassign Salak to Seattle qualified as an adverse employment action and Salak had previously engaged in a protected activity

Rogers v. McCall

488 F. Supp. 689 · District Court, District of Columbia · Mar 20, 1980

The Commission’s policy then suggested that an individual be fully qualified and able to perform in both capacities as pre-release and post-release analyst before promotion to GS-12. … The Act simply and clearly proscribes all discrimination in employment.