Case law

Campaign Legal Center v. Federal Election Commission

District Court, District of Columbia · Dec 8, 2022

Indeed, the disagreement of three Commissioners with the stated rationale for dismissal is a premise of the rule established by DCCC and Common Cause. Id. … Second, and alternatively, the Court is not persuaded that the Statement in New Models clearly invoked prosecutorial discretion as an independent ground for dismissal.

Aleman-Martinez v. Puerto Rico Federal Affairs Administration

813 F. Supp. 2d 84 · District Court, District of Columbia · Sep 26, 2011

The PRFAA's Argument that the Plaintiff has Failed to Establish a Prima Facie Case of Sexual Harassment The second issue before the Court is whether the plaintiff has made a sufficient showing to establish … of establishing that the reason asserted by the employer is pretext for retaliation."

Cloonan v. Mukasey

District Court, District of Columbia · Mar 8, 2011

Stein, sent a “clearly malicious and defamatory” letter which “relied upon information obtained by David Barnes in his official capacity as a supervisory employee of the” USMS. Id. at ¶ 34. … Barnes was acting within his official capacity, and thus the true party of interest is the United States, which is immune from defamation claims.

United States v. Wright

63 F. Supp. 3d 109 · District Court, District of Columbia · Aug 12, 2014

Superior Court case number 1991-FEL-011533, both of which prior convictions qualified the defendant for classification as a “career offender” under the United States Sentencing Guideline (“U.S.S.G.”) § 4A1.1 and resulted … In each of the cited cases the courts found counsel deficient on the basis of the attorneys’ failure to recognize clearly established, binding Fourth Amendment principles. See Gentry v.

University of Colorado Health at Memorial Hospital v. Burwell

District Court, District of Columbia · Mar 31, 2020

And the complaints do not clearly articulate a challenge to any 2003 rulemaking procedure. … This does not mean, however, that the cost-to-charge methodologies are immune from scrutiny.

Cato Institute v. U.S. Department of Defense

District Court, District of Columbia · May 3, 2023

materials in the record” or “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. … It gives the agencies no way of knowing what relation a record must have to the Directive to qualify as responsive.

Tillman v. District of Columbia

123 F. Supp. 3d 49 · District Court, District of Columbia · Aug 24, 2015

Establishing a Reasonable Fee Once the prevailing party test has been satisfied, the party seeking attorney’s fees has the burden of establishing the reasonableness of the fee request. … Clearly not. Accordingly, the Court recommends that Ms.

Lee v. Seed Public Charter School of Washington, Dc

District Court, District of Columbia · Oct 15, 2021

In this way, the parties’ joint motion, which successfully sought the Court’s settlement approval, is clearly a document that was intended “to influence a judge’s decisionmaking.” … Cir. 2020) (“[E]very part of every brief filed to influence a judicial decision qualifies as a ‘judicial record.’”).

United States Ex Rel. Digital Healthcare, Inc. v. Affiliated Computer Services, Inc.

778 F. Supp. 2d 37 · District Court, District of Columbia · Apr 20, 2011

District of Columbia, 224 F.3d 776, 778 (D.C.Cir.2000) (noting the District of Columbia’s Medicaid plan), and pay qualified health providers for a broad range of covered services provided to eligible beneficiaries. … Prince, 753 F.Supp.2d 569, 586 (E.D.Va.2011) (“To be sure, the audit report clearly expresses dissatisfaction with the fact that Blackwater does not require its employees to fill out time sheets in which they certify the

Borda v. U.S. Department of Justice, Criminal Division

245 F. Supp. 3d 52 · District Court, District of Columbia · Mar 28, 2017

As relevant here, FOIA Exemption 6 protects information about individuals in “personnel and medical files and similar files” when its disclosure “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C … See Cobar, 81 F.Supp.3d at 76 (noting that the “generic conditions set forth in [a] [confidential [sjource Agreement” do not “qualify for protection under Exemption 7(D)!’).

Dentons US LLP v. Republic of Guinea

208 F. Supp. 3d 330 · District Court, District of Columbia · Sep 25, 2016

The provisions of the Retainer Agreement upon which Guinea relies do not establish an alternative dispute resolution mechanism or an exhaustion requirement. See Dkt. 39 at 21. … The Terms of Business, however, clearly states that the Dentons Verein “does not itself provide legal or other client services,” Dkt. 1-4 at 8 (Compl.

Williams v. Chugach Alaska Corporation

210 F. Supp. 3d 25 · District Court, District of Columbia · Sep 28, 2016

A-136, Financial Reporting Requirements, is not a statute or a regulation, but simply a guide for federal agencies, intended to “establish[] a central point of reference for all Federal financial reporting guidance for … The Proposed Amended Complaint does not contain facts alleging that the PJCC qualifies as an entity required to prepare financial statements under these statutes such that the circular even applies to it.

LeBoeuf, Lamb, Greene & MacRae, LLP v. Abraham

215 F. Supp. 2d 73 · District Court, District of Columbia · Jul 30, 2002

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … LeBoeuf also charges that a violation of the Nevada Code of Professional Responsibility is a violation of FAR § 9.104-1, which states that a contractor must otherwise be qualified and eligible to receive an award under the

United States v. All Assets Held at Bank Julius

251 F. Supp. 3d 82 · District Court, District of Columbia · Apr 27, 2017

dependent on their locality for the government’s jurisdiction’ because ‘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 … account and once upon exiting a U.S. account, Section 2315 clearly applies to EFTs. See United States v. Daccarett, 6 F.3d at 54.

Al-Tamir v. Biden

District Court, District of Columbia · Jan 8, 2025

The CSO shall establish procedures to ensure the secure area is maintained and operated in the most efficient manner consistent with the protection of classified information. … Should government counsel in these consolidated cases wish to have the Court deem any document or information “protected,” government counsel shall disclose the information to qualified counsel for petitioners—i.e

Atlas Brew Work, LLC v. Whitaker

District Court, District of Columbia · Jul 31, 2019

Cir. 2015) (“[Leonard’s] claims do not qualify for the capable-of-repetition, yet-evading-review exception to the mootness doctrine 22 because the likelihood of a … Therefore, while Biggs may have remarked on the likelihood of another California budget impasse, it was clearly not doing so under the rubric that controls the Court’s inquiry in this case.

Barr Laboratories, Inc. v. Thompson

238 F. Supp. 2d 236 · District Court, District of Columbia · Dec 18, 2002

March, 2002, as a result of a recertification under paragraph III, the FDA altered the status of Pharmachemie and Mylan’s ANDA from final to tentative approval and determined that should AstraZeneca submit studies that qualify … Plaintiff points to the language above and states that, by referencing the period during which an application “may not be approved,” Congress is clearly referring to applications that have not yet received approval.

Armenian Assembly of America, Inc. v. Cafesjian

772 F. Supp. 2d 129 · District Court, District of Columbia · May 9, 2011

However, there is no evidence before the Court indicating that the IRS has made any determination that AGM & M qualifies as a private foundation. … The Court held that Defendants had established that it was important to depose her and that Plaintiffs had not substantiated their claims that she was too ill to be deposed.

National Wildlife Federation v. Gorsuch

530 F. Supp. 1291 · District Court, District of Columbia · Jan 29, 1982

Putting aside for a moment the issue of whether some of the conditions described by plaintiffs qualify as “pollutants”, we decide whether they are added to navigable waters from a point source. … The addition of water low in dissolved oxygen or reduced in temperature could clearly qualify.

United States v. Fajardo Campos

District Court, District of Columbia · Dec 10, 2018

First, she maintains that the government’s applications did not establish that intercepting her electronic communications was “necessary” within the meaning of Title III. … And in this Court’s view, the reading of Fajardo Campos’s Blackberry messages qualifies as an “other acquisition” under the plain language of the statute. See id.