Case law

James v. International Painters and Allied Trades Industry Pension Plan

District Court, District of Columbia · Feb 24, 2012

First, the plaintiff was not an “Employee” within the meaning of the 1993 Plan, which is a necessary component of qualifying as an “Active Employee.” … Because the Court agrees that the 1973 Pension Record does not appear to be “clearly erroneous,” id., it cannot fault the defendants for relying upon it. 3.

James v. District of Columbia

District Court, District of Columbia · Mar 23, 2018

The applicant must establish that she qualifies as a prevailing party, document the appropriate hours spent by counsel, and justify the reasonableness of the rate requested. See id. at 520–21; cf. Covington v. … Berger’s survey does not qualify as “satisfactory evidence” of the prevailing market rate.

US Ex Rel. Fago v. M & T MORTG. CORP.

518 F. Supp. 2d 108 · District Court, District of Columbia · Oct 2, 2007

Thus, the contours of the offense must first be established before a court can determine if the fine imposed is unconstitutionally excessive. … J. at 17, n. 13, the Amended Complaint clearly states otherwise. 9 . In the Fourth Circuit, materiality is a mixed question of law and fact to be determined by the court. Id.

Ellis v. Georgetown University Hospital

631 F. Supp. 2d 71 · District Court, District of Columbia · Jul 6, 2009

to Georgetown, Ellis’s formal EEOC charge “is devoid of any reference to a claim of retaliation” and, moreover, she “failed to check the box for ‘retaliation’ in either her Charge or Intake Questionnaire, both of which clearly … According to Georgetown, Ellis now claims, for the first time, that (i) she has a “record of impairment” qualifying her as disabled under the ADA, the Rehabilitation Act and the DCHRA, (ii) Georgetown “regarded her as” disabled

United States v. Sumler

District Court, District of Columbia · Feb 2, 2026

Def.’s Mot at 3. 5 Second, he cites various health conditions, including bradycardia, hypertension, pre-diabetes, obesity, neutropenia, and GERD, which “qualify as extraordinary risks, especially when compounded by COVID … The Supreme Court “has ‘repeatedly observed’ that ‘the word “may” clearly connotes discretion.’” Biden v. Texas, 597 U.S. 785, 802 (2022) (quoting Opati v.

United States v. Nguyen

District Court, District of Columbia · Sep 18, 2018

Nor do they represent “the egregious facts necessary to establish that the statements he made during questioning were involuntary.” … These forms, he contends, featured “language which clearly threatened his employment.” Id. The evidence belies his arguments. When Agent Keck encountered him, Mr.

Moysey v. Andrus

481 F. Supp. 850 · District Court, District of Columbia · Dec 18, 1979

Section 3323(b) broadly provides that an annuitant “is not barred by reason of his retired status from employment in an appointive position for which he is qualified.” … Although section 8337(d) clearly requires the termination of an annuity for a recovered person under sixty, it may be construed, in harmony with the ADEA, as granting those sixty or older an option to terminate.

In Re Permanent Surface Mining Regulation Litigation

620 F. Supp. 1519 · District Court, District of Columbia · Jul 15, 1985

In the preamble to the final rule, the Secretary indicated that “buffer zones do not automatically qualify as fragile lands.” 48 Fed.Reg. 41326 (1983). … This rule was clearly within the scope of the two proposals. Sec.Res. at 131.

Guedes v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

District Court, District of Columbia · Oct 31, 2019

To survive a motion to dismiss, “the plaintiff must clearly allege facts demonstrating each element.” Id. (alteration adopted and internal quotation marks omitted). … Cir. 2011) (“[A]n organization’s diversion of resources to litigation or to investigation in anticipation of litigation is considered a ‘self-inflicted’ budgetary choice that cannot qualify as an injury in fact for purposes

Burton v. District of Columbia

277 F.R.D. 224 · District Court, District of Columbia · Dec 23, 2011

“That is, the proponent of certification must establish: ‘(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses … “First, if the employer ‘used a biased testing procedure to evaluate . . . employees, a class action on behalf of every . . . employee who might have been prejudiced by the test clearly would satisfy the commonality and

Benson v. Sebelius

771 F. Supp. 2d 68 · District Court, District of Columbia · Mar 24, 2011

A “genuine dispute” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … The government clearly has a broad interest in “conserving] scarce fiscal and administrative resources” and in collecting sums due *78 to the federal treasury. Phillips v.

In Re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION

281 F.R.D. 1 · District Court, District of Columbia · Nov 17, 2011

Greenwald, also claim that they would have to go through 260 gigabytes of data and 70 million qualifying shipments and that to “identify every fuel-surcharge variation, their terms, and the surcharges they generated throughout … They clearly and specifically demand the information sought and plaintiffs’ objection to the vagueness of the word “standard” is overcome by assigning to the word its dictionary meaning of “used or accepted as normal or

Bean v. District of Columbia

264 F. Supp. 3d 242 · District Court, District of Columbia · Sep 12, 2017

So, even if plaintiff had established that she made a complaint about unlawful age discrimination that could qualify as protected activity, she again has failed to come forward with any evidence of temporal proximity that … And to establish that she was constructively discharged as a result of the hostile work environment, plaintiff must “show that the abusive work environment became so intolerable that her resignation qualified as a fitting

Securities Industry Ass'n v. Board of Governors of the Federal Reserve System

627 F. Supp. 695 · District Court, District of Columbia · Feb 4, 1986

Senator Bulkley, one of the Act’s principal sponsors, noted that the banker who has nothing to sell to his depositors is much better qualified to advise disinterestedly and to regard diligently the safety of depositors than … As discussed previously, the Court in Schwab identified a number of promotional hazards that were absent from Schwab’s activities that are clearly present here.

Joumaa v. Mnuchin

District Court, District of Columbia · Apr 10, 2019

In 2018, Treasury denied Joumaa’s petition to rescind his designation after determining that he continued to qualify as an SDNT. … Defendants contend that the amended complaint lacks facts that establish the kind of “substantial connections,” United States v.

Palmer v. HOMECOMINGS FINANCIAL, LLC

677 F. Supp. 2d 233 · District Court, District of Columbia · Jan 6, 2010

Although her credit score exceeded 700, Palmer was given a loan with an adjustable rate of nearly nine percent, although she believes she qualified for a fixed rate of around six percent. Id. ¶ 24 . … However, the plaintiff must allege facts that, if true, would establish the elements of each claim. Id.

Rochon v. Lynch

139 F. Supp. 3d 394 · District Court, District of Columbia · Oct 9, 2015

Here, as explained below, this Court has assumed (without deciding) that Rochon engaged in protected activity and that the FBI’s temporary denial of an ID card qualifies as an adverse action under Title VII, and thus, that … so that they would not surface again in any subsequent name check (see Ex. 12 to Def.’s Mot., ECF No. 21-1, 40–48, at 41–46), 19 and this action on his part demonstrates clearly

Cheatham v. Holder

935 F. Supp. 2d 225 · District Court, District of Columbia · Apr 2, 2013

A nonmoving party, however, must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252. … This argument, which misses the point and is riddled with clearly inaccurate factual statements, is unpersuasive. Mr.

In Re: Science Applications International Corp. (Saic) Backup Tape Data Theft Litigation

45 F. Supp. 3d 14 · District Court, District of Columbia · May 9, 2014

Yet after Clapper, Gap III’s “credible threat of harm” standard is clearly not supportable. … This is a striking allegation, but it cannot establish standing because only backup tapes were stolen from the SAIC employee’s car. Id., ¶ 6.

Holmes v. PHI Service Co.

437 F. Supp. 2d 110 · District Court, District of Columbia · Jul 7, 2006

. ¶ 23, that she was denied a job change for which she applied and for which she was sufficiently qualified, id. ¶ 24, that she was assigned additional responsibilities formerly performed by other employees for which she … Additionally, the balance of interests weighs clearly against granting summary judgment for the defendant.