Case law

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.

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

American Bar Association v. Federal Trade Commission

District Court, District of Columbia · Dec 1, 2009

See 15 U.S.C. § 1681m(h)(8)(B) (incorporating enforcement scheme established by 15 U.S.C. § 1681s). 1. … Sullivan, 500 U.S. 173, 186 (1991) (finding that an agency's revised interpretation may still receive deference because "[a]n agency is not required to establish rules of conduct [that once established must] last forever

Airlines Reporting Corp. v. Mascoll (In Re Mascoll)

246 B.R. 697 · District Court, District of Columbia · Mar 14, 2000

ARC’s defense of equitable estoppel must also fail as a matter of law because ARC has not established all the necessary elements of the defense. … The lack of affirmative misconduct by Mascoll is fatal to ARC’s establishing that equitable estoppel applies.

Davidson v. United States State Department

264 F. Supp. 3d 97 · District Court, District of Columbia · Aug 31, 2017

The agency must establish that the records were created with a “subjective belief that litigation was a real possibility, and that belief must have been objectively reasonable.” … “To qualify for protection from disclosure under the attorney–client privilege, a communication must satisfy each of three criteria: (1) the person to whom the communication was made is a member of the bar of a court (2

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.

American Property Locators, Inc. v. United States Customs and Border Protection

District Court, District of Columbia · Mar 21, 2025

The court declines to depart from the well-established practice of de novo review in FOIA cases. … Courts have found similar records qualify as commercial information. See e.g., Citizens for Resp. & Ethics in Wash. v. Dep’t of Just., 728 F.

Weir v. United States of America

District Court, District of Columbia · Jan 15, 2021

They contend that Courts have adjudicated maritime torts pursuant to the framework established by Congress by providing district courts with admiralty jurisdiction, and waiving sovereign immunity for suits against the … There are well-established standards to adjudicate maritime torts. See, e.g., Sawyer Bros. Inc. v.

Young v. Covington & Burling, LLP

District Court, District of Columbia · Jan 28, 2010

Although not articulated with precision, this administrative complaint was clearly sufficient to put both the EEOC and Covington on notice that a disparate-impact charge was being asserted. Def.' … College Dist., 26 F.3d 968, 976 (9th Cir. 1994) ("To establish standing, a person need only allege that a discriminatory policy exists that prevents him from competing on an 'equal basis.'").

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.

United Spinal Association, Inc. v. Saul

District Court, District of Columbia · Jul 11, 2024

By making the representative form available electronically, Defendant has clearly modified its “behavior significantly since the suit was brought.” See Hess, 745 F.2d at 701. … who is a member in good standing of the bar . . . may represent a person Page 26 of 34 before an agency on filing with the agency a written declaration that he is currently qualified

United States of America v. California Rural Legal Assistance, Inc.

824 F. Supp. 2d 31 · District Court, District of Columbia · Nov 14, 2011

LSC is authorized to provide financial assistance in the form of grants to qualified individuals and organizations for the purpose of providing legal assistance to the poor. Id. § 2996e(a)(1)(A). … They further contend that the burden should be on CRLA to clearly identify this information as confidential prior to disclosure.

Westcott v. McHugh

39 F. Supp. 3d 21 · District Court, District of Columbia · Apr 16, 2014

Supp. at 242 (noting that “[t]he Privacy Act Guidelines clearly forbid collateral attack in the case of final judicial or quasi- judicial actions and the same considerations would seem to apply to agency personnel actions … Circuit has noted that information originally qualifying for subsection (k) protection retains that protection even if it is subsequently recompiled into a non-law enforcement record” and so “Inspector General investigations

Abu Ali v. Ashcroft

350 F. Supp. 2d 28 · District Court, District of Columbia · Dec 16, 2004

See Rasul, 124 S.Ct. at 2692 (“The judges of England developed the writ of habeas corpus largely to preserve these immunities from executive restraint.”) … The cursory analysis in Hirota and Keefe simply cannot sustain the broad immunity the United States seeks here from habeas actions filed by citizens.

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).

Baird v. Snowbarger

District Court, District of Columbia · Oct 13, 2010

It is also worth noting that each underlying event plaintiff complained of was a minor, trivial annoyance, and such “sporadic verbal altercations or disagreements do not [themselves] qualify as adverse actions for purposes … “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”

Prunte v. Universal Music Group, Inc.

699 F. Supp. 2d 15 · District Court, District of Columbia · Mar 29, 2010

Prunté’s works were, in his view, infringed by [the defendants’] works” *21 and “clearly identifying] the allegedly infringed portions of Mr. … Even if actual copying is established, a plaintiff must establish actionable copying to prevail. In other words, “[c]opying as a factual matter is insufficient, if [actionable copying] . is lacking.”

Fitzgibbon v. U.S. Secret Service

747 F. Supp. 51 · District Court, District of Columbia · Sep 14, 1990

The Schwaner decision teaches that in order to qualify for this exemption, the document must not only be internal, but also relate to an agency rule or practice. Id. at 794-98 . … Thus, the balance between public interest and privacy clearly tilts in favor of the latter. See also, National Association of Retired Federal Employees v. Horner, 879 F.2d 873, 879 (D.C.Cir.1989). F.

Hyson v. Architect of the Capitol

802 F. Supp. 2d 84 · District Court, District of Columbia · Aug 10, 2011

Hyson counters that this justification is unpersuasive — and thus pretextual — because Hyson was “clearly more qualified.” Pl.’s Opp’n at 23. … To survive a motion for summary judgment, a plaintiff making a hostile work environment claim must establish a prima facie case.

Ahuruonye v. Department of the Interior

District Court, District of Columbia · May 31, 2022

Cir. 2008) (“Lest there be any lingering uncertainty, we state the rule clearly: In a Title VII disparate-treatment suit where an employee has suffered an adverse employment action and an employer has asserted a legitimate … plaintiff] received her performance review just one week before her firing, and the negative comments in the review were repeated in the notice of termination, . . . the Court assumes that the negative performance review qualifies