Case law

American Federation of Government Employees, Afl-Cio v. Trump

District Court, District of Columbia · Aug 25, 2018

By contrast, Defendants employ an analysis that is akin to verbal jujitsu: their first move is to contend that the President can certainly issue executive orders that qualify as “government-wide rules” (Defs.’ … Circuit concluded that an OMB circular directing agencies in the exercise of their prerogatives under the management rights section of the FSLMRS qualified as a government-wide rule under section 7117.

American Federation of Government Employees, Afl-Cio v. Trump

District Court, District of Columbia · Aug 25, 2018

By contrast, Defendants employ an analysis that is akin to verbal jujitsu: their first move is to contend that the President can certainly issue executive orders that qualify as “government-wide rules” (Defs.’ … Circuit concluded that an OMB circular directing agencies in the exercise of their prerogatives under the management rights section of the FSLMRS qualified as a government-wide rule under section 7117.

Student Loan Marketing Ass'n v. Riley

112 F. Supp. 2d 38 · District Court, District of Columbia · Aug 23, 2000

It was established by Congress in 1972 as a Government Sponsored Enterprise through the HEA to serve as a national secondary market for student loans. … Scholl College is obliged to sell certain qualified loans to plaintiff at least 120 days before the borrower enters repayment status.

Brisbon v. Tischner

District Court, District of Columbia · May 13, 2022

discriminated against based on race and age when her supervisor, Yolanda Bethea, selected Kaitlin Forsha, a thirty-two year-old white woman, for a Branch Chief position despite the plaintiff being “substantially better qualified … The notice explanation of 29 C.F.R. § 1614.605(d) clearly states that “timeframes for receipt of materials shall be computed from the time of receipt by the attorney[,]” 29 C.F.R. § 1614.605(d), while the statute of limitations

Stephens v. US Airways Group, Inc.

District Court, District of Columbia · Dec 7, 2012

See Lindsay, 251 F.R.D. at 55 (“A proposed representative is ‘adequate’ if (1) his interests do not conflict with those of other class members, and (2) he will vigorously prosecute the interests of the class through qualified … While futility is an exception to the general principle of exhaustion, it is “‘quite restricted,’ and has been applied only when resort to administrative remedies is ‘clearly useless.’”

Neighborhood Assistance Corporation of America (Naca) v. U.S. Department of Housing and Urban Development

19 F. Supp. 3d 1 · District Court, District of Columbia · Sep 24, 2013

The “key question” in determining whether material qualifies “as deliberative” is “whether disclosure of the information would discourage candid discussion within the agency.” Access Reports v. U.S. … The Governmental Misconduct Exception As compared with the deliberative process privilege, the so-called governmental misconduct exception is much less clearly defined. The D.C.

League of Women Voters of the United States v. Newby

195 F. Supp. 3d 80 · District Court, District of Columbia · Jun 29, 2016

Congress established the Election Assistance Commission through The Help America Vote Act of 2002 (“HAVA”). … Since successfully registering citizens to vote at the state level automatically qualifies them to vote in the federal election, Prelim. Inj.

Association of Private Sector Colleges and Universities v. Duncan

930 F. Supp. 2d 210 · District Court, District of Columbia · Mar 19, 2013

The NSLDS is clearly “a Federal database of personally identifiable information on individuals receiving assistance under this chapter,” 20 U.S.C. § 1015c(a), that is “necessary for the operation of programs authorized … There is a great deal of case law on the question of what form an agency’s interpretation must take in order to receive Chevron deference, and the parties dispute whether the Department’s interpretation qualifies.

Allina Health Services v. Sebelius

904 F. Supp. 2d 75 · District Court, District of Columbia · Nov 15, 2012

M+C was established by Congress as part of the Balanced Budget Act of 1997 (BBA), Pub. L. No. 105-33 (1997). … Hosp., 657 F.3d at 11, 13 (“Congress has not clearly foreclosed the Secretary’s interpretation that M+C enrollees are entitled to benefits 8 Under the two-step analysis of Chevron, U.S.A., Inc. v.

United States v. Philip Morris USA, Inc.

907 F. Supp. 2d 1 · District Court, District of Columbia · Nov 27, 2012

The Court also found that the “evidence in this case clearly establishes that Defendants,” with the exception of several parties who have since been dismissed, “have not ceased engaging in unlawful activity.” … If a restriction qualifies for Zauderer review, it then need only be “reasonably related” to the state’s interest, as long as it is not otherwise unjustified or unduly burdensome.

Musaleev v. Bitter

District Court, District of Columbia · Jan 28, 2025

Such a petition may “authoriz[e]” a “qualified alien” to “come to the United States to perform” certain services. 8 C.F.R. § 214.2(o)(1)(i). … There, the Circuit explained that a visa applicant had not “identified any law” clearly 4  A. Dr.

Smith v. Central Intelligence Agency

District Court, District of Columbia · Aug 20, 2019

(b)(3)(B), and thus qualifies as a withholding statute under Exemption 3.”) … That position cannot co-exist with the well-established doctrine that government affidavits are given the presumption of good faith.

Washington Bancorporation v. Said

812 F. Supp. 1256 · District Court, District of Columbia · Feb 17, 1993

establish that the defendants satisfied a reasonable inquiry standard. 23 Mr. … However, a quick look at these cases clearly establishes that this contention is misguided. The first case FDIC cites is Wilson v. Johns-Manville Sales Corp., 684 F.2d 111 (D.C.Cir.1982). In that case, the D.C.

Taylor v. U.S. Department of Justice

257 F. Supp. 2d 101 · District Court, District of Columbia · Mar 31, 2003

declaration, in conjunction with the annotated copies of the 190 redacted pages that were produced to plaintiff, provide a sufficient basis for the Court to ascertain whether the redactions were legally appropriate and therefore qualify … However, it is well established that "[t]he fact that the requestor might be able to figure out some or all of the individuals’ identities through other means, or the fact that their identities have already been disclosed

Sanofi-Aventis v. Food and Drug Administration

District Court, District of Columbia · Jul 26, 2010

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … Cir. 1995) (holding that if the plain language of the statute is clear, the court need not inquire further into its meaning, at least in the absence of “a clearly expressed legislative intent to the contrary”) (quoting

Billington v. United States Department of Justice

301 F. Supp. 2d 15 · District Court, District of Columbia · Feb 4, 2004

All information that relates to an individual qualifies for consideration under this Exemption. Dep’t of State v. Washington Post Co., 456 U.S. 595, 602 , 102 S.Ct. 1957 , 72 L.Ed.2d 358 (1982). … Circuit firmly established that “non-exempt portions of a document must be disclosed unless they are inextricably intertwined with exemption portions.” Trans-Pacific Policing Agreement v. U.S.

Harrison v. Federal Bureau of Prisons

District Court, District of Columbia · May 1, 2009

, a copy of a postal money order and envelope, and an investigative 6 Section (b)(6) exempts from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly … Decl. ¶ 21, records that might easily qualify as ones compiled for law enforcement purposes. In the face of a sworn statement by an agency, which is entitled to a presumption of good faith, SafeCard Servs. v.

Prasad v. George Washington University

District Court, District of Columbia · Jun 25, 2019

GW’s response to VT’s harassing emails from London in 2012 was not clearly unreasonable. … a breach of duty without the testimony of a witness “who is qualified as an expert by knowledge, skill, experience, training, or education,” see Fed.

American Civil Liberties Union v. United States Department of Homeland Security

738 F. Supp. 2d 93 · District Court, District of Columbia · Sep 20, 2010

CIA, 697 F.2d 1095, 1100, 1103-05 (D.C.Cir.1983) (indicating that the agency may establish reasonable cut-off date for its FOIA search). … It is readily apparent that the records withheld by the defendants based on Exemption 7(C) qualify as law enforcement records.

Washington Metropolitan Area Transit Authority v. 7,360 Square Feet of Land

District Court, District of Columbia · Jul 5, 2022

As such, defendants’ conclusory denials in their Answer 12 provide little to no understanding of the basis for their position and therefore fail to qualify as “objections … Dico, Inc., 266 F.3d 864, 880 (8th Cir. 2001) (affirming the striking of defense where plaintiff’s taking was clearly authorized by federal statute).