Case law

Flynn v. Thibodeaux Masonry, Inc.

311 F. Supp. 2d 30 · District Court, District of Columbia · Mar 30, 2004

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … “[I]t is clearly not necessary that all of these factors be present in a given case to justify piercing the veil.” Id. at 97 .

Role Models America, Inc. v. White

193 F. Supp. 2d 76 · District Court, District of Columbia · Jan 15, 2002

Under the BCA, however, the notice criteria clearly calls for the notice’s publication in the Federal Register and a newspaper of general circulation. See 10 U.S.C. § 2905 (7)(B)(IV)(ñ). … Relief saving one party from irreparable injury, at the expense of similar harm caused to another, might not qualify as the equitable judgment that an injunction represents. See id. at 925 .

Center for Public Integrity v. U.S. Department of Energy

234 F. Supp. 3d 65 · District Court, District of Columbia · Jan 17, 2017

According to Defendant, such proprietary business information qualifies for Exemption 4 protection because its disclosure would cause competitive harm to Sandia and impair the government’s ability to collect similar information … To determine whether a disclosure would constitute a “clearly unwarranted invasion of personal privacy,” courts must conduct the private-public balancing of interests that applies under Exemption 7(C).

Bigwood v. United States Department of Defense

132 F. Supp. 3d 124 · District Court, District of Columbia · Sep 25, 2015

According to Major Bloom, “a series of discussions between DOD and Plaintiff established that the appropriate time period for the search was from May 1, 2009 through April 21, 2011.” Id. ¶ 7. … Pursuant to E.O. 13,526, General Geary is both qualified and authorized to validate the classification of information for national security purposes and to determine when the declassification of national security information

United States v. Ross

District Court, District of Columbia · Apr 19, 2011

Ross whose qualifying offense was 3 committed prior to SORNA’s enactment, was issued in violation of the Administrative Procedure Act (“APA”). Mot. at 3. Second, Mr. … Smith set forth the established framework for analyzing a challenge under the Ex Post Facto Clause: We must ascertain whether the legislature meant the statute to establish civil proceedings

Baker v. Spath

District Court, District of Columbia · Jun 18, 2018

The lone remaining defense attomey, Lieutenant Alaric Piette, does not qualify as learned counsel in capital cases and is not qualified to serve as the sole counsel in capital cases under the Military Commissions Act of 2009 … Chapter 47A clearly distinguishes between military judges and members of military commissions The requirements for service as a member on a military commission are found in § 948i.

Grosdidier v. Board Broadcast Governors

District Court, District of Columbia · May 16, 2011

The record, however, clearly demonstrates that Ms. Grosdidier engaged in protected activity with respect to the sexually charged environment in 2005, and that Mr. … Finally, the Court finds that statements by Grosdidier’s union representative in August 2005 do not qualify as protected activity for purposes of Grosdidier’s retaliation claim.

Center for Biological Diversity v. Gutierrez

451 F. Supp. 2d 57 · District Court, District of Columbia · Aug 10, 2006

A submission that does not do that does not even qualify as a Vaughn index.” Id. (citations and internal quotation marks omitted). … Exemption 6 covers "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6). 4 .

Genesis Health Ventures of Naugatuck, Inc. v. Leavitt

563 F. Supp. 2d 170 · District Court, District of Columbia · Jun 30, 2008

The regulations establishing the guidelines for determining “reasonable cost” are published in 42 C.F.R. Part 413 (2001). … It is clear that employer FICA contributions do not qualify as liability insurance. Therefore, the Board could not have applied Longwood’s reasoning in this case.

United States v. Cooper

91 F. Supp. 2d 90 · District Court, District of Columbia · Apr 14, 2000

The Flores Court held that because section 1111 includes simple felony-murder requiring only an intent to commit the underlying felony, it also encompasses those defendants who may not qualify for the death penalty under … The indictment against Cooper clearly satisfies this requirement.

Richardson v. L'Oreal USA, Inc.

991 F. Supp. 2d 181 · District Court, District of Columbia · Nov 6, 2013

Second, although it is possible to conclude that plaintiffs should have alleged more clearly their intent to continue purchasing the products, requiring them to amend their complaint to strengthen those allegations would … Nothing indicates that counsel are not qualified or experienced. Hence, the Court finds that the proposed class meets all of the requirements under Rule 23(a). B.

Ford Motor Company v. Coleman

402 F. Supp. 475 · District Court, District of Columbia · Sep 22, 1975

There clearly is room for the court to set a substantially lower figure. … Congress can constitutionally penalize such challenges, particularly where the public interest in safety demands prompt corrective action, as long as manufacturers can obtain an expedited hearing at which they can petition for immunity

In Re Greater Southeast Community Hospital Foundation, Inc.

237 B.R. 518 · District Court, District of Columbia · Aug 20, 1999

The case law is well established that this provision may be used to avoid unperfected security interests. … Then the debtor could sell the residual 10 percent value to a third party for the full value of that 10 percent, thereby immunizing the hen from being preserved under § 551, and thereby discouraging any attempt by a trustee

National Federation of Federal Employees v. United States

688 F. Supp. 671 · District Court, District of Columbia · May 27, 1988

Under Goldwater , such a claim is clearly inadequate to confer standing. … If by “discrete” plaintiffs mean identifiable or enumerated, their characterization of this case and section 630 may be correct, but the fact that provisions of section 630 are clearly stated does not immunize it from constitutional

Bin Lep v. Trump

District Court, District of Columbia · Dec 14, 2020

intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations [and] the war power,” and “[s]uch matters are so exclusively entrusted to the political branches of government as to be largely immune … Hence, Bin Lep has not clearly shown that he is likely to prevail on his equal protection claim. B.

United States Ex Rel. Miller v. Bill Harbert International Construction, Inc.

786 F. Supp. 2d 110 · District Court, District of Columbia · May 12, 2011

See Straus, 590 F.3d at 901 (including “judicial pronouncement ... accompanied by judicial relief’ among requirements to qualify as “prevailing party”). … And where the pursuit of multiple claims inflates the total hours beyond what is reasonable for the litigation, a reduction is clearly appropriate.

Huntco Pawn Holdings, LLC v. U.S. Department of Defense

240 F. Supp. 3d 206 · District Court, District of Columbia · Oct 3, 2016

established under this section. … The parties dispute how this rule applies where the economic losses at issue may be unrecoverable as a result of the Government’s sovereign immunity. Pls. Mot. at 38; Defs.’ Opp’n at 22; Pls.’ Reply at 17.

Brightwell Dispensers Limited v. Dongguan Isce Sanitary Ware Industrial Co. Ltd.

District Court, District of Columbia · Dec 20, 2019

Brightwell’s arguments rest on the premise that operating and maintaining an interactive website qualifies as “doing business” systematically and continuously in any state where customers can access the website. … Zippo Dot Com established a sliding scale to assess whether a company’s online commercial activities confer personal jurisdiction; that scale ranges from situations where a defendant “clearly does business over the internet

Barrett v. United States Civil Service Commission

69 F.R.D. 544 · District Court, District of Columbia · Dec 10, 1975

Legislative History at 1589-1590 (statements of Senator Javits), 1773 (statements of Senator Williams), and Senator Williams, in his section-by-section analysis of the final version of the 1972 Amendments, observed: ‘In establishing … Having met the requirements of Fed.R.Civ.P. 23(a), plaintiffs must also qualify under one of the sub-sections of Rule 23(b).

Howard v. Gutierrez

571 F. Supp. 2d 145 · District Court, District of Columbia · Aug 18, 2008

A non-moving party, however, must establish more than the “mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 . … And, as explained above, the class complaint clearly asserted a disparate impact claim based upon the Department’s performance appraisal system.