Case law

American Center for Law and Justice v. Department of Justice

District Court, District of Columbia · Sep 7, 2018

Indeed, it is well established that such failures do not render the government’s search unreasonable. See, e.g., Iturralde v. Comptroller of Currency, 315 F.3d 311, 315 (D.C. Cir. 2003). … Similarly, while attorney work product enjoys only a qualified protection from discovery in civil litigation, the qualified nature of that protection is irrelevant under FOIA. See Williams & Connolly v.

Teltschik v. Williams & Jensen, Pllc

District Court, District of Columbia · Feb 12, 2010

Supp. 2d 66, 72 (D.D.C. 2007) (“It is well established in the D.C. … Cir. 2006) (holding that for purposes of applying the Erie doctrine, D.C. law qualifies as state law (citing Lee v. Flintkote Co., 593 F.2d 1275, 1279 n.14 (D.C.

Coclough v. Akal Security, Inc.

District Court, District of Columbia · Mar 13, 2022

And you asked me earlier if there were other positions that she was qualified for. … qualified.

Slinski v. Bank of America, N.A.

981 F. Supp. 2d 19 · District Court, District of Columbia · Sep 30, 2013

When she submitted her contract with Freddie Mac, the bank informed her that she was not qualified for a loan to purchase the condominium and would require a cosigner. … For the reasons discussed above, the defense is not obvious, and so the court must reject Freddie Mac’s argument that damages are clearly barred by prior breach. c.

Capital Area Immigrants' Rights Coalition v. U.S. Department of Justice

264 F. Supp. 2d 14 · District Court, District of Columbia · May 21, 2003

For example, the Department expects that a clearly untimely appeal can be dispatched promptly by a Board member under the streamlining process. … The regulation further established that the standard of review for questions of fact shall be “clearly erroneous,” but for all other questions, including questions of law, the standard of review would remain “de novo.”

Wye Oak Technology, Inc. v. Republic of Iraq

District Court, District of Columbia · Aug 17, 2021

LEGAL STANDARD This long-winding dispute implicates the Foreign Sovereign Immunities Act (“FSIA”) and raises critical jurisdictional, venue, and choice-of-law issues. … The FSIA operates as a codification of immunity to foreign sovereigns, subject to enumerated exceptions. 28 U.S.C. § 1605(a).

Haeri Mehneh v. Blinken

District Court, District of Columbia · Dec 16, 2024

“Granting or refusing a visa to [a plaintiff] who has been interviewed is clearly a discrete agency action . . . required by both the APA and the Department’s own regulation.” Khazaei v. … In their opposition, Plaintiffs reference other start dates for counting the delay: when Nejat became documentarily qualified on April 28, 2022, amounting to twenty-eight months, see Pls.’

Lamont v. Proskauer Rose, LLP

881 F. Supp. 2d 105 · District Court, District of Columbia · Aug 8, 2012

On August 8, 2008, Judge Scheindlin dismissed the § 1983 claims on statute of limitations grounds, defendants’ immunity from suit, and the plaintiffs’ failure to allege any wrongdoing. Id. at 464- 68. … “An example of such unfairness would be when the losing party clearly lacked any incentive to litigate the point in the first trial, but the stakes of the second trial are of a vastly greater magnitude.”

['CAPITAL CITY PUBLIC CHARTER SCHOOL v. GAMBALE']

27 F. Supp. 3d 121 · District Court, District of Columbia · Mar 20, 2014

This error in the IDEA complaint was clearly known to Ms. Gambale before the complaint was filed. … A fee applicant must establish the reasonableness of the attorney’s hourly rates.

United States v. Childress

746 F. Supp. 1122 · District Court, District of Columbia · Aug 29, 1990

Clearly, the prosecutor did not exercise his best judgment in relying upon this rhetorical device. … “Irvin, establishes ‘a common-sense standard’ of juror qualification.” Halde-man, 559 F.2d at 60 .

American Immigration Council v. U.S. Customs and Border Protection

District Court, District of Columbia · Apr 3, 2023

The party invoking the privilege must establish that the record is both predecisional and deliberative. See Prop. of the People, 330 F. Supp. 3d at 382. … Finally, although Defendants aver that this issue paper was a draft, “drafts must also be deliberative in content” to qualify for the deliberative process privilege, and this draft is not. Reps. Comm., 3 F.4th at 367.

Car-Mar Construction Corp. v. Skinner

777 F. Supp. 50 · District Court, District of Columbia · Nov 12, 1991

The record clearly reveals that Mr. Pen-dleton is the individual associated with the business who controls operational, managerial and policy decisions. MTA/NYCTA correctly concluded that Mrs. … In this case, we can see no evidence that establishes discriminatory intent. Consequently, we grant summary judgment on the equal protection claim.

Fund for Animals v. Norton

281 F. Supp. 2d 209 · District Court, District of Columbia · Sep 9, 2003

Feb. 12, 1999) (granting temporary restraining order enjoining initiation of deer hunt where plaintiffs alleged NEPA violations in process leading up to authorization of hunt; finding that plaintiffs had “clearly established … Accordingly, the Court concludes that plaintiffs have clearly met their burden of establishing the existence of substantial irreparable harm to their interests absent the grant of injunctive relief maintaining the status

Martin v. U.S. Equal Employment Opportunity Commission

19 F. Supp. 3d 291 · District Court, District of Columbia · Feb 24, 2014

The dispute here is clearly over the manner in which that investigation was carried out. … Circuit identifies, the memorandum does not qualify as such.

United States v. Apodaca

District Court, District of Columbia · Dec 28, 2017

To qualify as “material for preparing the defense,” the D.C. … In contrast to the defendants’ speculative reasons proffered here, in other cases in which a defendant has made a Rule 16(a)(1)(E) motion to compel discovery based on its potential exculpatory value, the defendant clearly

Search v. Uber Technologies, Inc.

128 F. Supp. 3d 222 · District Court, District of Columbia · Sep 10, 2015

According to Plaintiff, these facts establish the first four factors of the aforementioned test. See Opp. at 12-13. … Plaintiff must only establish that defendant made a misrepresentation – affirmative or implied – to prevail.”).

Hamilton Securities Group Inc. v. Department of Housing & Urban Development

106 F. Supp. 2d 23 · District Court, District of Columbia · Jul 17, 2000

Whether the draft audit qualifies as pre-decisional depends upon its role in the HUD OIG’s audit process. … Third, Hamilton alleges that the HUD OIG acted in bad faith by relying on “declarations that are clearly contradicted by evidence on the Record.” Opposition at 17-18.

Lake Region Healthcare Corporation v. Becerra

District Court, District of Columbia · Oct 17, 2022

In Fiscal Year 2013, Lake Region suffered a qualifying decline and applied for a VDA. … If the statute “prescribe[s] a precise course of conduct other than the one chosen by the agency, or [grants] the agency a range of interpretive discretion that the agency has clearly exceeded,” then the agency’s interpretation

State of Connecticut v. Zinke

District Court, District of Columbia · Sep 29, 2018

Reg. 24,996 (May 31, 1991). 3 The Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures when a state raises an Eleventh Amendment sovereign immunity defense to … Supreme Court has frequently stated: 27 As noted above, the Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures following a state’s assertion of sovereign immunity

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

District Court, District of Columbia · Apr 6, 2020

. § 552(a)(8)(A). 3 This standard was established in 2009. See S. Rep. … By codifying this standard, Congress sought to establish a “presumption of openness” in FOIA. See H.R. Rep. No. 114-391, at 9 (2016); S. Rep.