Case law

Meta Platforms, Inc. v. Federal Trade Commission

District Court, District of Columbia · Mar 14, 2024

To the contrary, as explained below, Meta’s due process challenge runs head-on into settled Supreme Court precedent, and, far from establishing that the FTC is clearly biased (or that the FTC proceeding gives rise to a … But Justice Gorsuch’s assertion is qualified, and he cites no authority other than the petitioner’s brief, which itself cites no authority. See id.

Burnett v. Al Baraka Investment & Development Corp.

274 F. Supp. 2d 86 · District Court, District of Columbia · Jul 25, 2003

The Third Amended Complaint (“3AC”) asserts claims under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq., the Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350 note, the Anti-terrorism Act (ATA) … MWL's vague musings on the interests of Saudi Arabia in the litigation of this matter do not establish the courts of that nation as adequate alternative fora. 7 .

Equitas Disability Advocates, LLC v. Daley, Debofsky and Bryant, P.C.

177 F. Supp. 3d 197 · District Court, District of Columbia · Mar 29, 2016

. § 1332, which confers diversity jurisdiction on the federal courts, establishes this Court’s jurisdiction to adjudicate this case. … Abeles clearly had prior notice of counsel’s withdrawal,” Dkt. 2-4 at 8, and this finding was supported by the record. When 7 The D.C.

Lee v. Thornburgh

707 F. Supp. 600 · District Court, District of Columbia · Mar 1, 1989

Part 60, establishing procedures and criteria to govern the nomination process. NHPA contains other mechanisms to achieve its goals. … A project or activity may therefore qualify as an “undertaking” in one of three ways: it can be either “under the direct or indirect jurisdiction” of, “licensed by,” or “assisted by” a federal agency.

Barry v. United States Capitol Guide Service

District Court, District of Columbia · Jul 21, 2009

Id. 7 While the plaintiff advances his argument that he has established retaliation by direct evidence, he never actually identifies the evidence that qualifies as direct evidence. Pl.'s Opp'n at 15-16. … The ability to reasonably make that assessment is obscured by the fact that the Board also had before it recent disciplinary allegations, which clearly supported its termination decision.

Everett v. United States

980 F. Supp. 490 · District Court, District of Columbia · Aug 5, 1997

In Western Radio, the Court explicitly stated, “in dictum we explained that ‘the Forest Service Manual merely establishes guidelines for the exercise of the Sendee’s prosecutorial discretion____’” Id. at 901 (quoting United … The record clearly demonstrates that Pinkerton based his decision on section 251.54(i)(2) of the Forest Service regulations, which states that “[a]n authorized officer may deny issuance of an authorization for all other special

Pharmaceutical Care Management Association v. District of Columbia

District Court, District of Columbia · Mar 19, 2009

This inquiry is “considerably simplified,” id., under ERISA because the text is “clearly expansive,” Travelers, 514 U.S. at 655, in that it expressly preempts “any and all State laws insofar as they . . . relate to any … provide a service “necessary for the establishment or operation of the plan.”

Stafford v. George Washington University

District Court, District of Columbia · Jun 5, 2019

Case law is sparse on what qualifies as an adverse action under Title VI. … GWU insists that Stafford cannot show that the University’s response to the alleged harassment was “clearly unreasonable in light of the known circumstances.”

Rodriguez v. Penrod

District Court, District of Columbia · Feb 11, 2020

After careful consideration, I find that the [Board]’s findings and conclusions are clearly supported by the evidence, and the Army’s decision should be upheld. … argues that, for all the reasons described above, Penrod’s decision was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; . . . contrary to constitutional right, power, privilege, or immunity

United States v. Cross

249 F. Supp. 3d 339 · District Court, District of Columbia · Apr 18, 2017

It stressed that Toure’s testimony regarding the 1.2 or 1.3 kilograms of heroin he distributed to Cross was, standing alone, sufficient to establish the drug quantity element of the charge. … This is clearly not a case like Abney, however. Cross has not put forth any beneficial interpretation of Carachuri–Rosendo that “courts were reasonably likely to adopt.”

Nichols v. Truscott

424 F. Supp. 2d 124 · District Court, District of Columbia · Mar 30, 2006

Because the FTCA is a limited waiver of the United States’ sovereign immunity, the exhaustion of administrative remedies under the statute is a jurisdictional prerequisite, so that the Court lacks subject matter jurisdiction … Plaintiff therefore has failed to establish a prima facie case of discrimination on the basis of this claim.

Frederick Douglass Foundation, Inc. v. District of Columbia

District Court, District of Columbia · Mar 26, 2021

Neither party disputes that Plaintiffs’ desired activity — the creation of a message via painting — qualifies as an expressive act that implicates the First Amendment. … Plaintiffs have established neither of these necessary elements in the present case.

Vote Forward v. Dejoy

District Court, District of Columbia · Sep 28, 2020

“By definition, ‘[t]he public interest . . . favors permitting as many qualified voters to vote as possible.” League of Women Voters of N.C., 769 F.3d at 247-48 (quoting Husted, 697 F.3d at 437). … It is also clearly in the public interest to require that USPS implement policies that do not infringe upon constitutional rights.

Coats v. Duncan

232 F. Supp. 3d 81 · District Court, District of Columbia · Feb 8, 2017

“‘A statement that itself shows bias in the employment decision,’” moreover, “qualifies as direct evidence.” Wilson, 753 F.3d at 247 (quoting Alyissi-Etoh, 712 F.3d at 576). … The Department does not contest that Juengst was aware that Coats was a member of the class of employees protected by the ADEA—that is, he was clearly over forty years old. Dkt. 11 at 3 (Answer ¶ 6).

Lee Memorial Hospital v. Sebelius

District Court, District of Columbia · Sep 7, 2016

That proposal would trigger another problem, however: “in the event of a decline in the [CCR], some cases would no longer qualify for any outlier payments while other cases would qualify for lower outlier payments.” … Second, CMS clearly considered all 123 turbo-charging hospitals in the 2003 amendments to the Payment Regulations. See 68 Fed.

League of United Latin American Citizens v. Executive Office of the President

District Court, District of Columbia · Oct 31, 2025

Every State now directs that its Electors be appointed by popular vote of qualified voters. See Chiafalo v. Washington, 591 U.S. 578, 584 (2020). … § 20508(a)); see also 52 U.S.C. § 30106(a) (establishing the FEC).

Meta Platforms, Inc. v. Federal Trade Commission

District Court, District of Columbia · Mar 14, 2024

To the contrary, as explained below, Meta’s due process challenge runs head-on into settled Supreme Court precedent, and, far from establishing that the FTC is clearly biased (or that the FTC proceeding gives rise to a … But Justice Gorsuch’s assertion is qualified, and he cites no authority other than the petitioner’s brief, which itself cites no authority. See id.

United States v. Tann

425 F. Supp. 2d 26 · District Court, District of Columbia · Mar 21, 2006

Defendant asserts that these statements cannot qualify as exceptions to the hearsay rule or as her admissions because of an inability to authenticate those writings; according to Defendant, “[t]here are a number of individuals … For reasons similar to those set forth in Section II(A)(2)(ii), supra, the Court concludes that the Government has met its burden under Federal Rule of Evidence 104(b) to establish that a reasonable juror could conclude that

Arvin-Edison Water Storage District v. Hodel

610 F. Supp. 1206 · District Court, District of Columbia · Mar 28, 1985

Plaintiffs are clearly not entitled to CVP power at the project use rate. … To the contrary, section 9(c) clearly contemplates that irrigators would be treated the same as other preference customers.

McNeil v. District of Columbia

217 F. Supp. 3d 107 · District Court, District of Columbia · Nov 9, 2016

• “Behavioral support services for one hour per week” and “immediate behavioral support services if [J.M.] threatens others or threatens himself” provided by “counselors that are qualified … Holman’s testimony clearly raises issue with the sufficiency of the accommodations prescribed by the 2012 IEP, separate and apart from the question whether that IEP sufficiently implemented the 2012 HOD.