Case law

West Virginia v. United States Department of Health & Human Services

145 F. Supp. 3d 94 · District Court, District of Columbia · Oct 30, 2015

The ACA established a regime of “cooperative federalism” to enforce these requirements. … [a claim],” and “the impossibility of deciding [a claim] without an initial policy determination of a kind clearly for nonjudicial discretion”).

United States v. Wilkins

District Court, District of Columbia · Jul 8, 2022

Cir. 2020) (“[E]very part of every brief filed to influence a judicial decision qualifies as a ‘judicial record.’”). … To establish that a defense attorney’s services fell below the constitutional threshold of effective assistance of counsel, a defendant must establish that: 1) “counsel’s performance was deficient,” and 2) “the deficient

Karn v. U.S. Department of State

925 F. Supp. 1 · District Court, District of Columbia · Mar 22, 1996

The government regulation at issue here is clearly content-neutral. … Whether the source code and comments convey information on speaking in a foreign language (and it is not clear that cryptography qualifies) or convey information on the science of cryptographic algorithms, the analysis is

Hyatt v. Matal

District Court, District of Columbia · Aug 1, 2018

Hite’s claim mapping technique very clearly points out where the specification recites the features appearing in the still-challenged claims The PTO correctly observes that neither the examiners of these applications ’nor … Strangely, although PTO argues that the Court should not consider the video as evidence establishing that Mr.

Sakievich v. United States

District Court, District of Columbia · Mar 29, 2019

Many qualified individuals were considered and only the most highly qualified were chosen.” Id. … Thus, the fact that the Director and Deputy Commandant referenced the 2011 advisory opinion does not render the decisionmaking process deficient, because that opinion was not later found to be “clearly erroneous” as plaintiff

United States v. Magruder

District Court, District of Columbia · Jul 20, 2020

As a result, Defendant Magruder has failed to establish a claim of coercion. … The Court notes that the Probation Office made a finding that Defendant Magruder would qualify as a career offender, and Defendant Magruder did not dispute this finding in any of his hearings or pleadings.

Abington Memorial Hospital v. Burwell

216 F. Supp. 3d 110 · District Court, District of Columbia · Oct 26, 2016

In fact, a “significant component” of the PPS payment that a qualifying inpatient hospital receives for treating Medicare beneficiaries relates to “‘wages and wage-related costs[,]’” Anna Jaques Hosp., 583 F.3d at 2 (quoting … An additional brief discussion of the original rationale for the GAAP-only rule followed, and then the proposed rule clearly transitioned to the proposed change: [W]e have periodically received inquiries for

Oceana, Inc. v. Locke

831 F. Supp. 2d 95 · District Court, District of Columbia · Dec 20, 2011

The Guidelines clearly favor the establishment of sub- AMs whenever a fishery is governed by sub-ACLs: when a fishery is fished by vessels that constitute “distinct user group[s] to which separate management strategies … 12 (“Where the agency decision turns on issues requiring the exercise of technical or scientific judgment, it is essential for judges to ‘look at the decision not as the chemist, biologist, or statistician that we are qualified

Trombley v. National City Bank

826 F. Supp. 2d 179 · District Court, District of Columbia · Dec 1, 2011

The numerosity requirement is clearly met. See Bynum, 214 F.R.D. at 32-33 . 2. Commonality Questions of law and fact must be common to the class under Rule 23(a)(2). … Here, the representative plaintiffs “shared the identical objectives of establishing liability and obtaining damages.” See Cohen v.

Jubilant Draximage Inc. v. United States International Trade Commission

District Court, District of Columbia · Jul 10, 2019

To secure a preliminary injunction, a plaintiff “must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance … But, of course, the Commission concluded that, where disclosure of public patent claim elements would reveal JDI’s design choices, that disclosure qualifies as competitive harm.

Nsiah v. Berryhill

District Court, District of Columbia · Feb 3, 2021

In making that determination, the ALJ first found that if Plaintiff stopped abusing sub- stances, his PTSD and depression would still qualify as severe impairments. ECF No. 12-2 at 25. … However, the evidence in the record does not clearly indicate that Plaintiff has a disability so as to warrant a reversal.

In Re in the Matter of the Application of Jason Leopold to Unseal Certain Electronic Surveillance Applications and Orders

District Court, District of Columbia · Aug 16, 2018

affords no right of access to the three categories of judicial records at issue, (2) reconsider its conclusion that the common law provides no broader right of access than that which the Court has recognized, and (3) more clearly … Leopold asserted that both the First Amendment and the common law established rights of access to these materials. Id. at 4, 12–18.

Medica Insurance Company v. Becerra

District Court, District of Columbia · Sep 28, 2023

This figure is to be “determined in accordance with regulations establishing the method or methods to be used, and the items to be included.” Id.. … The text of the Regulation, read in context, clearly permits carrier-paid claims to be included in the apportionment ratio.

American Wild Horse Campaign v. Bureau of Land Management

District Court, District of Columbia · Jan 28, 2026

The Court’s minute entry following the hearing clearly stated that the Bureau’s motion to dismiss had been “DENIED.” Min. Entry (July 13, 2023). The Bureau never questioned the accuracy of that minute entry. … Fee Amount With the Campaign’s eligibility and entitlement to fees established, the final task is to calculate an appropriate fee figure.

Toure v. District of Columbia

District Court, District of Columbia · Mar 23, 2026

But—clearly—that questioning occurred after the officer hit him. Toure’s alleged speech after he was assaulted cannot establish a causal connection between his protected activity and the alleged retaliatory conduct. … Further, Toure does not make any argument for why this statute may support his negligence per se claim, including a lack of any argument for why this statute was violated by any specific Defendants, let alone why it qualifies

Oceana, Inc. v. Gutierrez

75 F. Supp. 3d 469 · District Court, District of Columbia · Dec 17, 2014

An organizational plaintiff, such as Oceana, “may have standing to sue on its own behalf ‘to vindicate whatever rights and immunities the association itself may enjoy’ or, under proper conditions, to sue on behalf of its … As a consequence, the Court will remand the ITS to NMFS so that it can either more clearly explain the connection, or, if unable to do so, so that it can choose a number of hours that does align with the numerical take

Hunton & Williams LLP v. U.S. Environmental Protection Agency

248 F. Supp. 3d 220 · District Court, District of Columbia · Mar 31, 2017

An AJD would establish the government’s position on the jurisdiction of both the CWA and the Rivers and Harbors Act (RHA). Compl. ¶ 9. … Here, the Army employees do clearly have a substantial privacy interest in avoiding potential harassment, and Hunton does not assert that they do not have a privacy interest.

Natural Resources Defense Council v. National Marine Fisheries Service

71 F. Supp. 3d 35 · District Court, District of Columbia · Oct 14, 2014

And, as noted above, a rational decision by an expert agency that is seemingly supported and clearly explained is, in essence, all that the APA requires. … Although the parties disagree about whether the six-stock deep water prohibition does qualifies as an accountability measure under the statute, this Court need not resolve that dispute because whether or not the prohibition

Mayo v. Jarvis

District Court, District of Columbia · Aug 1, 2016

hunter- caused elk viscera piles—which constitute a ready food source for the bears but which Plaintiffs 3 claim disrupt the grizzly bears’ natural feeding habits—qualified … Taken together, the BiOp thus establishes two things: (1) that the agency considered the effect of hunter created elk viscera and found it to be, if anything, a neutral to positive one for the grizzly bear; and (2) that

Fisher v. Pension Benefit Guaranty Corporation

District Court, District of Columbia · May 31, 2020

Third, and central to this case, the PBGC promulgated a regulation in 1981 that effectuates the allocation priorities established by ERISA § 4044, 29 U.S.C. § 1344. … Section 4044.4(b) clearly promotes ERISA’s purpose by “‘minimiz[ing] the possibility of abuse’ . . . that could occur . . . during the time period when plan termination was anticipated but had not yet occurred.”