Case law

Enron Nigeria Power Holding, Ltd. v. Federal Republic of Nigeria

234 F. Supp. 3d 251 · District Court, District of Columbia · Aug 6, 2015

Nigeria unambiguously waived its sovereign immunity in the PPA, which stated—in a section titled “Waiver of Sovereign Immunity”— that the parties “irrevocably waive[ ] ... immunity to the full extent permitted by the law[ … While the Act clearly reflects a general public policy of preventing and punishing corporate fraud and other misconduct, Nigeria fails to establish why the Court should refrain from enforcing this international arbitral award

Cockrell-El v. District of Columbia

937 F. Supp. 18 · District Court, District of Columbia · Jul 31, 1996

Moreover, even if plaintiff has been deprived of his constitutional rights, *22 defendant Dowery is protected by qualified immunity in the performance of discretionary functions related to prison administration. … “Qualified immunity shields agents ... from suit for damages if ‘a reasonable officer could have believed [his actions] to be lawful, in light of clearly established law and the information the ... office^ ] possessed.’ ”

Kann Corp. v. Monroe

425 F. Supp. 169 · District Court, District of Columbia · Jan 14, 1977

general authority to “sue or be sued” can only be found if certain specified circumstances are “clearly shown.” … Nor did Congress establish the Postal Service to compete with private enterprise.

Trudeau v. Federal Trade Commission

384 F. Supp. 2d 281 · District Court, District of Columbia · Aug 25, 2005

Lack of Jurisdiction To establish the jurisdiction of a federal court over a cause of action against a federal agency, a plaintiff must locate both a waiver of the federal government’s sovereign immunity and some authorization … Finally, Trudeau suggests that the Court should permit discovery to explore whether the press release qualifies as agency action.

Orozco v. Wray

District Court, District of Columbia · Mar 4, 2025

The only difference is that FISMA considers one additional criterion under which an information system would qualify as a national security system—if it “is protected at all times by procedures established for information … The plaintiff “bears the burden of establishing that sovereign immunity has been abrogated.” Stone v. Holder, 859 F. Supp. 2d 48, 51 (D.D.C. 2012).

Stauffer v. Internal Revenue Serv.

285 F. Supp. 3d 474 · District Court, District of Columbia · Sep 29, 2017

Sovereign Immunity "Under settled principles of sovereign immunity, the United States, as sovereign, is immune from suit, save as it consents to be sued ... and the terms of its consent to be sued in any court define that … establishes strict timeframes for filing such a claim."

Nanko Shipping, USA v. Alcoa, Inc.

850 F.3d 461 · District Court, District of Columbia · Mar 10, 2017

That clause presumably was designed to ensure that some of the business generated by the bauxite mines would go to qualified Guinean shipping firms and thereby benefit the Guinean economy. … Before this Court, Alcoa argues in a footnote that Nanko “has utterly failed to allege any facts” establishing a FSIA exception, thus failing to overcome the “presumption of immunity.”

Gill v. Islamic Republic of Iran

249 F. Supp. 3d 88 · District Court, District of Columbia · Apr 6, 2017

. § 1605A(a)(1). 2 The first two elements of the terrorism exception are clearly satisfied in this case. … As such, liability has been clearly established for attempted extrajudicial killing” (emphasis added)).

Owens v. Republic of Sudan

141 F. Supp. 3d 1 · District Court, District of Columbia · Oct 28, 2015

The second kind of immunity is execution immunity: even if judgment has been entered against a foreign state lacking jurisdictional immunity, the state’s property within the United States is “immune from attachment[,] arrest … Ill. 2014) (agreeing that this phrase “indicates that Section 1610(g) is not a separate basis of attachment, but rather qualifies the previous subsections”), appeal docketed, No. 14-1935 (7th Cir.

Salazar v. District of Columbia

954 F. Supp. 278 · District Court, District of Columbia · Oct 16, 1996

However, as discussed below, the record clearly establishes that NPA Medicaid applications are not processed in a timely manner. 1. … This evidence clearly establishes a “course deliberately pursued by official policymakers,” which has caused a deprivation of Plaintiffs’ rights under federal law. Cf. Carter v.

Usoyan v. Republic of Turkey

District Court, District of Columbia · Sep 15, 2025

sovereign immunity for any and all of the acts which transpired on May 16, 2017.”). … that this viewpoint would qualify.

Flanagan v. Islamic Republic of Iran

190 F. Supp. 3d 138 · District Court, District of Columbia · Jun 3, 2016

Circuit has explained, “[t]here is a clearly settled distinction in federal law between statutory provisions that waive sovereign immunity and those that create a cause of action.” Cicippio-Puleo v. … Vidino was not qualified and should never have been admitted as an expert. Magistrate Judge Facciola admitted Dr.

Morgan v. United States

72 F. Supp. 3d 65 · District Court, District of Columbia · Oct 29, 2014

(“Morgan has clearly shown according to their pictures which are listed in #5 which shows unprepared foods in his establishment”). … , and if the coolers were empty it clearly shows inventory.”).

Richardson v. Sauls

District Court, District of Columbia · Jun 18, 2018

Smith is protected by qualified immunity because no constitutional violations occurred, much less any “clearly established” violation of Mr. Richardson’s constitutional rights. … Smith do not plausibly allege any constitutional violation of a right that was “clearly established.” Mr. Smith is entitled to qualified immunity. Count Eleven of Mr.

Fain v. Islamic Republic of Iran

856 F. Supp. 2d 109 · District Court, District of Columbia · Apr 20, 2012

These claims are clearly actions for “personal injury” under § 1605(A)(a)(1). … Here, the established facts warrant waiver of defendants’ sovereign immunity as provided by the FSIA. First, Iran was designated by the U.S.

Armstrong v. District of Columbia Public Library

154 F. Supp. 2d 67 · District Court, District of Columbia · Aug 21, 2001

Defendants assert qualified immunity for these defendants in their individual capacities. See Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … immunity. 4 .

Torres v. Agency for International Development

District Court, District of Columbia · Jan 24, 2025

In such suits, the plaintiff bears the burden to prove that the United States has clearly waived its sovereign immunity. Coulibaly v. Kerry, 213 F. Supp. 3d 93, 123 (D.D.C. 2016). … ECF No. 19-3 at 3. 6 fails to explain why she would qualify for equitable tolling, even in her response to Administrator Power’s motion.

Practical Concepts, Inc. v. Republic of Bolivia

613 F. Supp. 863 · District Court, District of Columbia · Jul 11, 1985

The provisions of the Act relevant to sovereign immunity are set forth below. § 1604. IMMUNITY OF A FOREIGN STATE FROM JURISDICTION. … The agency, Gaeltarra Eireann (“GE”), had informed the plaintiffs that the joint enterprise would qualify for certain tax incentives made available by Irish law.

Orange Middle East and Africa v. Republic of Equatorial Guinea

District Court, District of Columbia · May 18, 2016

When a notice provision is all encompassing, it usually qualifies as a “special arrangement for service” under § 1608(a)(1). … Since the Judge did not include the limiting words in his opinion, they were clearly not important to his analysis.

Malewicz v. City of Amsterdam

362 F. Supp. 2d 298 · District Court, District of Columbia · Mar 30, 2005

Clearly Inadequate Remedies The Malewicz Heirs contend that the City cannot establish that this case should be dismissed where the alternate forum (a Dutch court) does not provide an adequate alternative remedy. … However, the Court concludes that § 2459 granting immunity and § 1605(a)(3) establishing jurisdiction for certain claims against a foreign sovereign are both clear and not inconsistent.