Case law

American Civil Liberties Union v. United States Department of Justice

321 F. Supp. 2d 24 · District Court, District of Columbia · May 10, 2004

This italicized language “clearly indicates that judicial review is appropriate at either of two moments: when the agency has denied a request for expedited processing, or when the agency has, upon administrative appeal, … See Al-Fayed, 254 F.3d at 309 (as long as one of the plaintiffs qualifies as an entity "primarily engaged in disseminating information,” the requirement is satisfied).

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

United States v. Whitehorn

710 F. Supp. 803 · District Court, District of Columbia · Apr 11, 1989

On a matter such as this, the Court clearly has discretion. United States v. … On this issue, as on others, defendants have made sweeping statements that are clearly incorrect.

C & E SERVICES, INC. v. Ashland, Inc.

601 F. Supp. 2d 262 · District Court, District of Columbia · Mar 9, 2009

It also sought to add the word “material” to qualify the principal’s duty to disclose facts to the agent. Id. … C & E vehemently opposes this contention, arguing that the law clearly allows such a claim. I disagree with both parties’ claims that the law clearly takes one position or *275 another.

State of SC v. United States

585 F. Supp. 418 · District Court, District of Columbia · Apr 26, 1984

Although it agrees not to conduct its primaries prior to preclearance, however, it clearly believes itself entitled and intends to conduct the antecedent activities necessary to prepare for them prior to preclearance, which … both candidates who have already qualified and others who may wish to do so after preclearance stand for election.

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

Sargent v. Department of State

District Court, District of Columbia · Sep 11, 2020

It also points to her employment contract with SOC, which clearly identifies her relationship with SOC (thereby implying that Sargent was not simultaneously a State Department employee). … “This broad waiver of sovereign immunity is subject to a number of exceptions set forth in § 2680.” Id.

Murphy v. Internal Revenue Service

362 F. Supp. 2d 206 · District Court, District of Columbia · Mar 22, 2005

Prior to 1996, § 104(a)(2) required only personal injury or sickness to qualify for the tax *211 exemption. … Because the statute clearly provides damages must be received “on account of personal physical injury or physical sickness,” and because mental pain and anguish and damage to reputation are not physical injuries, plaintiffs

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.

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.

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.

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.

Collier v. District of Columbia

46 F. Supp. 3d 6 · District Court, District of Columbia · May 30, 2014

Collier alleges that a PD914(e) form was not filled out “even though it was clearly required by the Police Department’s own regulations” and that due to the failure to file the form, there was no referral to the Department … “In such a case, the plaintiff bears the burden of establishing that the criminal act was so foreseeable that a duty arises to guard against it.

Holmes v. Federal Election Commission

99 F. Supp. 3d 123 · District Court, District of Columbia · Apr 20, 2015

Congress established individual contribution limits in the 1940 amendments to the Hatch Act, Pub. L. No. 76-753, 54 Stat. 767 (1940). … A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252.

Conway v. Bowen

680 F. Supp. 394 · District Court, District of Columbia · Jul 27, 1987

Plaintiff challenges an administrative decision that found that she was not disabled so as to qualify for Disability Insurance Benefits, Supplemental Security Income (SSI), or Widow’s Insurance Benefits. … As discussed above, the record in this case clearly shows that she cannot.

Alexander v. Federal Bureau of Investigation

186 F.R.D. 170 · District Court, District of Columbia · Mar 31, 1999

Second, it prevents public confusion from premature disclosure of agency opinions before the agency established its final policy. … No one disputes that releasing Tripp’s background security information qualifies as misconduct.

Raulerson v. Ashcroft

271 F. Supp. 2d 17 · District Court, District of Columbia · Mar 29, 2002

The names of individuals subpoenaed to testify before the grand jury and the names of their employers clearly are matters “occurring before the grand jury.” Cf. … In addition, this exemption requires that the withholding agency establish one of six enumerated harms. See id.

American Center for Law and Justice v. United States Department of State

249 F. Supp. 3d 275 · District Court, District of Columbia · Apr 17, 2017

Defendant qualified that “[u]nusual circumstances (including the number and location of Department components involved in responding to your request, the volume of requested records, etc.) may arise that would require additional … The Circuit held that “officers’ noncompliance” and “the Air Force’s persistent refusal to end [that] practice” meant Payne was clearly entitled to declaratory relief that the Air Force was in violation of FOIA.

Perez Correa Camarena v. Noem

District Court, District of Columbia · Jun 29, 2026

Two years after establishing the EB-5 program, Congress created another pathway to qualify for an EB-5 visa by establishing what is now known as the Regional Center Program. Id. … As the government points out with respect to the second prong, “the word ‘may’ clearly connotes discretion.” Mot. to Dismiss 8 (quoting Bouarfa v. Mayorkas, 604 U.S. 6, 13 (2024)).

Ritchie v. Napolitano

196 F. Supp. 3d 54 · District Court, District of Columbia · Jul 11, 2016

In her deposition, however, Brezina contradicted her EEO Counseling Report and voicemail, stating that (i) Chaney told her “that he selected the individuals that he felt were the best qualified to fill the vacancies”; ( … But these cases are also inapposite here, as they are clearly limited to situations involving remedial affirmative action plans. See United Steelworkers of America, AFL-CIO-CLC v.