Case law

Nasreen v. Capital Petroleum Group, LLC

District Court, District of Columbia · Mar 31, 2023

Anacostia also enjoys the “exclusive right” to any income derived from qualifying “other business uses.” See ECF No. 60-4 at 34; ECF No. 69-1 ¶ 93. … In opposing Defendants’ motion, she says her evidence “clearly demon- strate[s] Defendants withheld credit card payments without justification on at least three separate, prolonged occasions” in April, May, and June 2020

In Defense of Animals v. National Institutes of Health

543 F. Supp. 2d 83 · District Court, District of Columbia · Apr 14, 2008

NIH also stated that it would not decide whether IDA qualified for a news media fee waiver because NIH did not anticipate any search fees. Id. … Indeed, a plaintiff [pursuing an action under FOIA] must establish that either: (1) the Vaughn index does not establish that the documents were properly withheld; (2) the agency has improperly claimed an exemption as a matter

Day v. United States Department of State

District Court, District of Columbia · Aug 26, 2022

“To show that the . . . documents were compiled for law enforcement purposes, the [agency] need only establish a rational nexus between [an] investigation and one of the agency’s law enforcement duties and a connection … Thus, “a district court clearly errs when it approves the government’s withholding of information under the FOIA without making an express finding on segregability.” Morley v. CIA, 508 F.3d 1108, 1123 (D.C.

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

HENTIF v. Obama

810 F. Supp. 2d 33 · District Court, District of Columbia · Aug 1, 2011

Hentif also argues that respondents have not established that [redacted] was connected to A1 Qaeda. … a period of time, he is not entitled to permanent immunity under the Geneva Conventions, especially when at the time of his capture he is not engaged in medical tasks.

Baptist Medical Center v. Sebelius

District Court, District of Columbia · Feb 28, 2019

Whether a hospital qualifies for a Medicare DSH adjustment, and the amount of that adjustment, depends on the hospital’s “disproportionate patient percentage [‘DPP’].” 42 U.S.C. § 1395ww(d)(5)(F)(v)-(vii). … Of Trade, 412 U.S. 800 at 808 (1973)(“Whatever the ground for the departure from prior norms . . . it must be clearly set forth so that the reviewing court may understand the basis of the agency’s actions.”)

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.

Otay Mesa Property L.P v. United States Department of the Interior

District Court, District of Columbia · May 27, 2010

-6- considered relevant data and articulated an explanation establishing a “rational connection between the facts found and the choice made.” Motor Vehicle Mfrs. … Plaintiffs argue that although parts of subunit 5D clearly contain vernal pools and other primary constituent elements, there is no evidence that these elements actually are present on the 143 acres they own.

Byrne v. Clinton Foundation

District Court, District of Columbia · Sep 13, 2019

Count One: Pattern of Racketeering Activity In Count One, plaintiffs claim that defendants committed three of the qualifying predicate offenses listed in 18 U.S.C. § 1961(1)(B). … While clearly there are more allegations regarding reputational injury against Mr.

Capitol Specialty Insurance Corporation v. Sanford, Wittels & Heisler, LLP

District Court, District of Columbia · Jun 27, 2011

Missing a filing deadline that results in the dismissal of the class action claim could easily qualify as a breach of a professional duty. See In re Belmar, 319 B.R. 748, 755 (Bankr. … Here, the dismissal of a lawsuit because of attorney error would clearly put a lawyer on notice of the possibility of a malpractice claim.

Brown v. District of Columbia

District Court, District of Columbia · Aug 15, 2025

entity may defend against integration claims 4 by demonstrating “that it ha[s] a comprehensive, effectively working plan [now called an “Olmstead Plan”] for placing qualified … The District may disagree with the Court’s ordered start date for these steps of outreach, but that is insufficient to establish that the Court’s judgment on this point is “clearly erroneous” under Rule 59(e).

United States v. Killough

193 F. Supp. 905 · District Court, District of Columbia · Apr 20, 1961

In the face of .the general principles outlined, and these three cases in particular, defendant makes the following alternative contentions: (1) that the Commissioner’s order adjourning the preliminary hearing meant to immunize … Three basic principles established by the Supreme Court underlie the present phase of this discussion. The first, enunciated in Powell v.

Bartlette v. Hyatt Regency

208 F. Supp. 3d 311 · District Court, District of Columbia · Sep 25, 2016

Supp. 2d 308, 333 (D.D.C. 2013) (finding that requesting an accommodation for a qualified disability constitutes engaging in protected activity). … Moreover, Hyatt argues, the reasons for the delays do not establish “good cause.”

C&E Services of Washington, Inc. v. Ashland, Inc.

District Court, District of Columbia · Mar 9, 2009

It also sought to add the word “material” to qualify the principal’s duty to disclose facts to the agent. Id. … C&E vehemently opposes this contention, arguing that the law clearly allows such a claim. I disagree with both parties’ claims that the law clearly takes one position or another.

Wildearth Guardians v. Salazar

272 F.R.D. 4 · District Court, District of Columbia · Dec 6, 2010

In the event the highest bid received at each sale met or exceeded the fair market value for the leases and all other leasing requirements were met, the leases would be issued to the successful qualified bidder or bidders … Nevertheless, as framed therein, Plaintiffs’ request extends to Antelope as well, and Antelope has clearly construed it in this way.

Bradley Memorial Hospital v. Leavitt

599 F. Supp. 2d 6 · District Court, District of Columbia · Mar 2, 2009

The Supreme Court agreed, concluding that mandamus jurisdiction was inappropriate because the plaintiffs “clearly ha[d] an adequate remedy” in the statutory provisions providing for administrative review of reimbursement … If Plaintiffs believed between 1994 and 2000 that the GET tax qualified as an allowable cost under the Medicare Act, they could have and should have timely claimed the disputed tax as a reimbursable expense on their cost

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.

Chowdhury v. Gruenberg

District Court, District of Columbia · Mar 30, 2009

Henning also changed the plaintiff’s job title from “Project Manager” to “Senior Information 2 Because the plaintiff does not clearly break down the facts by legal theory, e.g., discrimination, retaliation … May 29, 2008) (holding that the plaintiff demonstrated pretext in part by establishing a causal connection). 2.

Miller Inv. Trust v. Morgan Stanley & Co.

308 F. Supp. 3d 411 · District Court, District of Columbia · Mar 30, 2018

This entails "establishing direct communication between the intended recipient and the auditor." AU § 330.28. … But Miller has had numerous opportunities to amend its complaint, and its pleadings clearly identify the March 2011 press release as the cause of the loss.

Oceana, Inc. v. Pritzker

125 F. Supp. 3d 232 · District Court, District of Columbia · Aug 31, 2015

An organizational plaintiff, such as Oceana, “may have standing to sue on its own behalf ‘to vindicate whatever rights and immunities the association itself may enjoy’ or, under proper conditions, to sue on behalf of its … In this case, a comprehensive reading of the BiOp demonstrates that the agency did address long-term effects, yet found them to be too indeterminate to yield clearly articulable conclusions.