Case law

Edwards v. District of Columbia

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.

Housing Study Group v. Kemp

736 F. Supp. 321 · District Court, District of Columbia · Apr 25, 1990

Furthermore, the movant must establish that the irreparable injury is likely to occur. … Rather, it clearly demonstrates that HUD is taking away the responsibility and authority previously delegated and entrusted to the coinsuring lenders.

Woodward v. United States Department of Justice

District Court, District of Columbia · Dec 27, 2022

“The agency bears the burden of establishing that a claimed exemption applies,” Citizens for Resp. & Ethics in Wash. v. U.S. Dep’t of Just., 746 F.3d 1082, 1088 (D.C. … Circuit has held that the Pen Register Act is a qualifying statute under Exemption 3 because it “refers to particular types of matters to be withheld.” Labow, 831 F.3d at 527–28 (citing 5 U.S.C. § 552(b)(3)(A)(ii)).

Harvey v. Mohammed

941 F. Supp. 2d 93 · District Court, District of Columbia · Apr 24, 2013

“Whether the qualifications of an expert witness whose opinion is contained in the [business] record must be affirmatively established depends upon the circumstances of the particular case. … Here, the opinions were clearly incident to or part of factual reports of contemporaneous events. Thus, the Court rejects the District’s arguments that it was error to allow Ms.

Kadi v. Geithner

42 F. Supp. 3d 1 · District Court, District of Columbia · Mar 19, 2012

Muwafaq's Pakistan operation was established in Islamabad in 1992, and Kadi hired Amir Mehdi to be its local director. AR 720 & 723-24. … Simply because Muwafaq was a charitable organization or performed charitable deeds does not make it immune to designation by OFAC.

Perez v. C.R. Calderon Construction, Inc.

221 F. Supp. 3d 115 · District Court, District of Columbia · Dec 22, 2016

Id. at 8. 5 The CRC defendants now concede that CRC qualifies as an enterprise under the FLSA. J. … Realty Corp., 285 F.2d 487, 491 (2d Cir. 1960) (“[W]hile the FLSA does not expressly set forth a requirement of prompt payment, such a requirement is clearly established by the authorities.”).

Khan v. Obama

741 F. Supp. 2d 1 · District Court, District of Columbia · Sep 3, 2010

As framed over the course of these proceedings, this case now centers on a few key pieces of evidence, which the Court finds reliable and which clearly establish Khan was a “part of’ HIG when he was captured in 2002. … The Court previously concluded in this case that “[rjespondents have provided enough evidence to show that HIG qualifies as an associated force engaged in hostilities against the United States or its coalition partners.”

Wagner v. Geren

District Court, District of Columbia · May 5, 2009

There is no question that the plaintiff’s PTSD qualifies as a disability under this section. See generally Def.’s Statement. … Relying on all of the evidence and input from these various sources, the ABCMR clearly considered the relevant factors and reached a reasoned decision. Marsh, 490 U.S. at 378.

Schaefer v. Geren

District Court, District of Columbia · Mar 24, 2009

To prevail, a plaintiff must provide "cogent and clearly convincing evidence" satisfying this standard, Mueller v. England, 404 F. … Requests for exception to established discharge or retirement date.

Mid-Atlantic Innocence Project v. Federal Bureau of Investigation

District Court, District of Columbia · Mar 19, 2026

Mot. at 7-13, which covers “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). … compiled for law enforcement purposes,’ thus implicating Exemption 7(C), then we would have no need to consider Exemption 6 separately because all information that would fall within the scope of Exemption 6 would also be immune

City of Moundridge v. Exxon Mobil Corp.

429 F. Supp. 2d 117 · District Court, District of Columbia · Apr 19, 2006

Lockheed Aircraft Corp., 746 F.2d 816 , 835 n. 31 (D.C.Cir.1984) *127 (stating that no case in this Circuit has clearly imposed a heightened standard for mandatory injunctions). … Evidence that competitors merely exchanged information does not establish a conspiracy. See Kreuzer, 735 F.2d at 1487 .

Gawker Media, LLC v. United States Department of State

266 F. Supp. 3d 152 · District Court, District of Columbia · Jul 17, 2017

LEXIS 62283, at *11−13 (permitting limited discovery in light of evidence that a private email server “was established eight days prior” to Secretary Clinton being sworn in as Secretary of State, as well as emails acknowledging … With respect to the initial retention decision, State has policies that require individual employees to determine whether a document (including an email) qualifies as a federal record that must be retained, or is instead

Arabzada v. Donis

District Court, District of Columbia · Mar 19, 2024

Supp. 3d 1, 19 (D.D.C. 2022) (“What plaintiffs must show to establish a mandamus claim is similar to what they must show . . . under the APA, as in both instances plaintiffs must establish that the government has a clear … USCIS concluded that the LIFO approach would help it “to decide qualified applications in a more efficient manner.” Id.

In Re: Polar Bear Endangered Species Act Listing and 4(d) Rule Litigation - Mdl 1993

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.

In Re Grand Jury Proceedings

117 F. Supp. 2d 6 · District Court, District of Columbia · Oct 6, 2000

Rather, the redacted document clearly identified and cited historical arguments and quotations from the Watergate era. … “Ken has proven he is immune to polls.” Gov. Ex. 13 at 1. In his February 25th interview with Agent Lewis and in his sworn statement of the next day, Mr.

Center for Biological Diversity v. Zinke

District Court, District of Columbia · May 4, 2017

What is more, it is clear to this Court that the agency-review obligation that section 1507.3(a) establishes does not qualify as the type of “discrete” agency action that a federal court can supervise consistent with the … uoting 42 U.S.C. § 6912(b)). 23  First of all, the duties to “continue to review” agency procedures and to “continue . . . to revise them as necessary” are clearly

Covad Communications Company v. Revonet Inc

258 F.R.D. 5 · District Court, District of Columbia · May 27, 2009

At the hearing, Revonet presented Fred Purdue, who was qualified as an expert in Information Technology and SQL databases. … While the destruction of e-mails here was clearly inadvertent, Revonet has a responsibility to take appropriate steps to try to recover those e-mails, and it is not clear that it has ever done so. Orrell v.

Globalaw Ltd. v. Carmon & Carmon Law Office

452 F. Supp. 2d 1 · District Court, District of Columbia · Sep 11, 2006

Carmon may engage in some activities under the supervision of “a person duly qualified and entitled ... to render professional legal advice” in New York, which would presumably be his wife (the only lawyer in the firm), see … The Court notes that two major problems undermine this request, and therefore C & C’s Rule 56(f) argument. 24 First, C & C’s request is clearly over-broad, intrusive, overly burdensome, and *62 improper in light of clearly

Federal Trade Commission v. Mylan Laboratories, Inc.

205 F.R.D. 369 · District Court, District of Columbia · Feb 1, 2002

Proponents find the percentage-of-recovery method attractive “because it directly aligns the interests of the Class and its counsel for the efficient prosecution and early resolution of litigation, which clearly benefits … First, even if based only upon the more than 244,820 consumers that have already submitted claims for refunds, the numerosity requirement has been met; this large number clearly renders joinder impracticable.

United States v. Sunia

643 F. Supp. 2d 51 · District Court, District of Columbia · Aug 11, 2009

government] and relationships with the Director of Education and Chief Procurement Officer to secure for companies under their control lucrative payments totaling hundreds of thousands of dollars,” Indictment ¶ 27, somehow qualifies … See In re Nofziger, 956 F.2d 287, 291 (D.C.Cir.1992) (“It is well established that there must be a guilty principal before a second party can be found to be an aider or abettor.”).