Case law

Securities and Exchange Commission v. Greene

910 F. Supp. 2d 83 · District Court, District of Columbia · Dec 19, 2012

Novel or atypical methods should not provide immunity from the securities laws.’”) (quoting A.T. Brod & Co. v. … More clearly, the SEC’s allegations of scienter are sufficient.

Edwards v. District of Columbia

765 F. Supp. 2d 3 · District Court, District of Columbia · Feb 25, 2011

Thus, to qualify as commercial speech subject to lesser protection under the First Amendment, the speech must ... be a means to another end, not an end in itself. … Clearly, the promotion of a major industry and the protection of the general welfare of society are significant government interests. See Smith v.

Greater Yellowstone Coalition v. Kempthorne

577 F. Supp. 2d 183 · District Court, District of Columbia · Sep 15, 2008

The Organic Act clearly states, and Defendants concede, that the fundamental purpose of the national park system is to conserve park resources and values. … Moreover, while it is true *193 that “enjoyment” is also a fundamental purpose of the parks, enjoyment is qualified in the Organic Act in a way that conservation is not.

In Re: Navy Chaplaincy

District Court, District of Columbia · Aug 30, 2018

The Navy would then seek to fill the remaining seats, to the extent practicable, with “a mix of qualified and available chaplains from the different Faith Group Categories.” See Decl. of Captain Stephen B. … convened under section . . . 611 . . . of this title may not be disclosed to any person not a member of the board,” 10 U.S.C. § 613a(a), and specifically provides that the “discussions and deliberations” of such a board “are immune

Kirkhuff v. Cleland

516 F. Supp. 351 · District Court, District of Columbia · May 8, 1981

Johnson thus establishes that attacks on the constitutionality of underlying VA statutes were clearly beyond the reach of the no-review clause. … The Veterans’ Bureau has established a few wards for women in certain of their hospitals.

Wagner v. Geren

614 F. Supp. 2d 12 · District Court, District of Columbia · May 5, 2009

At a minimum, the agency must have considered relevant data and articulated an explanation establishing a “rational connection between the facts found and the choice made.” Bowen v. Am. Hosp. … There is no question that the plaintiffs PTSD qualifies as a disability under this section. See generally Def.’s Statement.

Armstrong v. Archuleta

77 F. Supp. 3d 9 · District Court, District of Columbia · Dec 30, 2014

Plaintiffs also challenge that OPM’s contention that its interpretation is entitled to deference; Plaintiffs argue the interpretation “contravene[s] . . . clearly discernible legislative intent and [is] otherwise unreasonable … Subsection (b)(2) operates independently of the general provisions of subsection (b)(1); subsection (b)(2) specifies that veterans can file a qualifying claim “5 years after peace is established, or within the period provided

Daniels v. United States

947 F. Supp. 2d 11 · District Court, District of Columbia · May 30, 2013

Subject Matter Jurisdiction Under Rule 12(b)(1), the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. … This would involve assessing credibility and making judgments the Court is not qualified to make about which practices make sense in a military academy, what it means to be on weekend duty, what it means to be on watch,

Apprio, Inc. v. Zaccari

District Court, District of Columbia · Mar 31, 2022

There is therefore no evidence that Zaccari ever had a Competing Business as defined by the PIIA, only that Zaccari 14 Thus, the Court need not decide whether Zaccari’s suit would have qualified … The argument Zaccari is clearly implying by this “fact” is that he cannot be legally responsible for Apprio’s expenses because Apprio could have chosen to bite the bullet instead of suing to vindicate its rights.

Wright v. Administration for Children and Families

District Court, District of Columbia · Oct 11, 2016

Indisputably, the FOIA extends only to materials qualifying as “agency records.” 5 U.S.C. § 552(a)(4)(B); see U.S. Dep’t of Justice v. … Thus, Competitive Enterprises established that agency employees’ communications on non-agency accounts may constitute “agency records” subject to the FOIA.

Evans v. Fenty

District Court, District of Columbia · Apr 7, 2010

Tr. at 5, Aug. 9, 2007.) 22 clearly understood.”18 Id. at 107. C. … To qualify for such a finding, a state must demonstrate a robust system of “discovery, remediation and improvement” in all six assurances.

Southern Pacific Communications Co. v. American Telephone & Telegraph Co.

556 F. Supp. 825 · District Court, District of Columbia · Jan 10, 1983

The application of these principles is qualified where the conduct being attacked involves the exercise of rights protected by the First Amendment. … This clearly would have left SPCC worse off today. Mr.

Genus Medical Technologies LLC v. United States Food and Drug Administration

District Court, District of Columbia · Dec 6, 2019

The FDA here concluded that although the Vanilla SilQ products appeared to qualify as devices under the FDCA, they were also drugs and could be regulated accordingly. … No. 94–295, 90 Stat. 539 (1976) (establishing device regulatory regime).

In Re Inslaw, Inc.

97 B.R. 685 · District Court, District of Columbia · Mar 13, 1989

In particular, the expanded waiver of the United States’ sovereign immunity present in the 1984 Bankruptcy Code, 11 U.S.C. § 106 , was examined. … The letter retainer agreement did not establish a firm limit of $150,000 to be paid as compensation to D.S. & M. through the period of discovery.

Taylor Energy Company LLC v. United States

District Court, District of Columbia · Feb 15, 2021

Taylor Energy submitted evidence that the waves generated by Hurricane Ivan qualified as an “act of God” and caused the platform’s collapse. See id. ¶¶ 85–87. … A single broad citation to this book, however, does not “clearly” show that the NPFC compilation of the administrative record.

SMS ASSOCIATES v. Clay

868 F. Supp. 337 · District Court, District of Columbia · Nov 23, 1994

Because parties to a real estate contract are able to obtain a decree ordering specific performance of their contract, they can under the doctrine qualify as equitable owners of the title to the property or purchase money … The Court stated: the integrity of the recording system dictates that such notice must be clearly shown, and it is the claimant (here the defendant) of an unrecorded interest who bears the burden of proof to show that the

Long v. Howard University

561 F. Supp. 2d 85 · District Court, District of Columbia · Jun 25, 2008

Plaintiffs motion for sanctions is clearly untimely under the unreasonable delay standard. … the University had notice of his disability including the limitations arising therefrom, that he requested a specific reasonable accommodation for such limitations, that, with the requested accommodation, he was otherwise qualified

Price v. Greenspan

374 F. Supp. 2d 177 · District Court, District of Columbia · Jun 22, 2005

Finally, the complaint alleged that as part of that reorganization, the Agency promoted two minority employees to Assistant Director positions over equally or more qualified white male employees, including plaintiff. … Unlike Title VII, which clearly specifies that federal employees must bring suit, if at all, within 90 days of a final administrative decision, see 42 U.S.C. § 2000e-16(c), the ADEA provision protecting federal employees,

Odom v. Saul

District Court, District of Columbia · Aug 21, 2023

The Social Security Act To qualify for disability insurance and/or supplemental security income benefits under the Social Security Act (“the Act”), the Commissioner must find that the claimant has a “disability” … July 30, 2009) (“When the evidence in the administrative record clearly generates an issue as to a particular listing and the ALJ fails to . . . explain clearly the medical evidence of record supporting the conclusion reached

In Re Polar Bear Endangered Species Act Listing

818 F. Supp. 2d 214 · District Court, District of Columbia · Oct 17, 2011

Under the conservation program established by the ESA, a designation of "endangered" triggers a broad range of legal protections. … NEPA's implementing regulations establish guidelines for determining whether and when to prepare an EIS.