Case law

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

United States v. Moore

881 F. Supp. 2d 125 · District Court, District of Columbia · Aug 8, 2012

Moore would have been subject to double the five-year mandatory minimum terms of imprisonment on Counts 1 through 3, and double the ten-year mandatory minimum terms of imprisonment on Counts 4 and 5, due to two qualifying … Id. at 1031 (internal quotation marks omitted) (noting that “[e]ven if the files and records of the case do not clearly rebut the allegations of the prisoner, no  - 20 - hearing is required

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.

Labovitz v. Washington Times Corp.

900 F. Supp. 500 · District Court, District of Columbia · Aug 28, 1995

Plaintiffs ask this Court to find that they were uniquely situated as shareholders/guarantors, and that losses stemming from their personal guarantees qualify as special injury. … Here, Counts V and VI clearly reveal that plaintiffs are alleging injury to their interests in the DCI corporation only.

Flynn v. Fischer Tile & Marble, Inc.

246 F. Supp. 2d 48 · District Court, District of Columbia · Feb 27, 2003

and the TCAA Bylaws make clear that collective bargaining was not the sole or principal function of the TCAA. 5 However, despite defendant’s protestations to the contrary, the inquiry cannot end there, since this Circuit clearly … in the exercise of its discretion shall determine to be in the best interests of a majority of its contractor members; to engage in on-the-job and apprenticeship training programs to create a pool of skilled journeymen qualified

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.

Sloan Ex Rel. Juergens v. Urban Title Services

652 F. Supp. 2d 40 · District Court, District of Columbia · Sep 14, 2009

Plaintiff opposes UTS’ motion, arguing that, “while Mary Juergens clearly had the ability to make the regular $792.90 monthly payments on the loan out of her $5,500.00 monthly stipend from Mr. … Juergens were able to establish a good payment record on the Owen Loan, she would be able to refinance at the end of the year ‘without penalty, hardship, or material loss of equity.’ ” UTS’ [170] Opp’n/Cross-MSJ at 8; see

Craig v. Metropolitan Police Department

74 F. Supp. 3d 349 · District Court, District of Columbia · Nov 24, 2014

To establish a prima facie case of retaliation, Sgt. … Supp. 2d 117, 122 (D.D.C. 2012) (holding that a transfer did not qualify as materially adverse where it was not accompanied by a significant change in responsibilities). Sgt.

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.

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.

Alabama Association of Realtors v. United States Department of Health and Human Services

District Court, District of Columbia · Aug 13, 2021

The Current Eviction Moratorium Is Subject to the Stay It is well-established that federal courts have the “inherent power to enforce [their] judgments.” Peacock v. … Circuit’s judgment qualify as the law of the case: first, that the government was likely to succeed on the merits, see Ala.

In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases

District Court, District of Columbia · Jul 15, 2020

Oregon, which, they contend, clearly establishes that the CSA does not apply in the lethal injection context. 546 U.S. 243, 272–74 (2006). … The court once again notes, however, that Defendants waited eight years to establish a new protocol for federal executions.

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.

Exponential Biotherapies, Inc. v. Houthoff Buruma, N.V.

District Court, District of Columbia · Jul 30, 2009

Rather, EBI offers this only to show that HB “clearly understood the locus of [EBI’s] operations.” (Opp’n at 12 n.10, 32.) 3 issued to [an EBI subsidiary].” … While negotiating or performing business contracts has qualified as “transacting business” for purposes of § 13-423(a)(1), Overseas Partners, Inc. v. PROGEN Musavirlik ve Yonetim Hizmetleri, Ltd. Sikerti, 15 F.

Malik v. U.S. Department of Homeland Security

District Court, District of Columbia · Mar 11, 2025

Exemption 6 protects “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). … Here, the withheld information qualifies as “similar” files because it consists of personally identifying details of specifical individuals.

Sears, Roebuck & Co. v. Equal Employment Opportunity Commission

435 F. Supp. 751 · District Court, District of Columbia · Jul 26, 1977

The Court has noted recognition by the Supreme Court of the clear congressional intention to establish conciliation and settlement as the primary means of enforcing Title VII. … The consolidation procedures are clearly ap *762 propriate. The crushing caseload of EEOC is universally recognized. See, e.- g., Occidental Life Insurance Co. v.

Hartzler v. Wolf

District Court, District of Columbia · Oct 27, 2022

You must communicate clearly and professionally in your verbal exchanges and send emails that clearly and professionally communicate what information you are requesting from your colleagues. … ‘[T]he absence of an express waiver of the government's sovereign immunity in Title II of the FMLA bars private suits for violations of its provisions.’”

Gerlich v. United States Department of Justice

District Court, District of Columbia · Sep 16, 2009

"[T]he Act clearly prohibits even the mere collection of such a record, independent of the agency's maintenance, use, or dissemination of it thereafter." Albright, 631 F.2d at 918. … Cir. 1994) (plaintiff must establish standing to seek forward-looking declaratory relief).

Food Delivery Holding 12 S.A.R.L. v. Dewitty and Associates Chtd

District Court, District of Columbia · May 10, 2021

The second factor—whether the discovery is for use in a proceeding before a foreign or international tribunal—was not as clearly established by FDH’s application. … The DIFC itself was established by a United Arab Emirates decree. Id.

Moore v. Brouillette

District Court, District of Columbia · Dec 11, 2020

Contrary to Defendant’s assertion, however, these documents are not clearly incorporated by Plaintiff’s Complaint. … Cir. 1997), for the proposition that a plaintiff may only support a properly exhausted claim with allegations clearly presented at the administrative level.