Case law

Public Employees for Environmental Responsibility v. Bromwich

District Court, District of Columbia · Dec 2, 2019

against an award of fees when such an award is not clearly authorized by the statute[].” … Here, the first and second prongs of the prevailing party test adopted in Thomas are clearly satisfied with respect to the plaintiffs’ ESA claims.

National Security Counselors v. Central Intelligence Agency

District Court, District of Columbia · Sep 6, 2016

To meet their burden of establishing that the requested information was properly withheld under either asserted exemption, Elec. … Additionally, surmising that these records “are clearly located in some database accessible by an entire office, if not the entire Agency,” the plaintiff suggests that they are necessarily cannot qualify as confidential

Williams & Connolly LLP v. U.S. Securities & Exchange Commission

729 F. Supp. 2d 202 · District Court, District of Columbia · Aug 4, 2010

Indeed, a plaintiff pursuing an action under FOIA must establish that the agency has improperly claimed an exemption as a matter of law or that the agency failed to segregate and disclose all nonexempt information in the … Plaintiff does not dispute this statement and concedes that these documents qualify as attorney work product.

Putnam v. United States Department of Justice

873 F. Supp. 705 · District Court, District of Columbia · Jan 31, 1995

Exemption 6 Exemption 6 protects from mandatory disclosure personnel, medical and similar files, “the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6). … Information related to both civil and criminal judicial and administrative proceedings qualifies for protection under Exemption 7 so long as an investigation remains ongoing or future law enforcement proceedings would be

Davage v. District of Columbia Housing Authority

District Court, District of Columbia · Jan 28, 2022

To the contrary, Da’Vage clearly alleges that he “relied on Ronnie Thaxton[’s] deceptive information,” including Thaxton’s statement that “everyone agreed that [Da’Vage] should be terminated” and statement that DCHA was … 1343, which confers jurisdiction on federal district courts in civil cases brought “[t]o redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

National Press Club Journalism Institute v. U.S. Immigration and Customs Enforcement

District Court, District of Columbia · Dec 28, 2023

First, 31 Exemption 6 “encompasses ‘clearly unwarranted’ invasions of privacy, while Exemption 7(C) omits the adverb ‘clearly.’” Id. … Cir. 2011) (finding “no need to consider Exemption 6 separately [where] all information that would fall within the scope of Exemption 6 would also be immune from disclosure under Exemption 7(C)”); Rodriguez v. U.S.

Acosta Orellana v. CROPLIFE INTERN.

711 F. Supp. 2d 81 · District Court, District of Columbia · May 13, 2010

Compl. ¶ 392 clearly implying that the spraying of Mancozeb is not a nuisance under all circumstances. (emphasis added); see Defs.’ Mem. at 23. … Bell Atlantic Corp., 398 F.3d 666 , 677 (D.C.Cir.2005) (noting that NoerrPennington provides immunity from liability "under the antitrust laws”) (emphasis added); Whelan v.

ltmc/dragonfly, Inc. v. Metropolitan Washington Airports Authority

699 F. Supp. 2d 281 · District Court, District of Columbia · Mar 30, 2010

Because the Enabling Act specifically requires MWAA to follow open and competitive contracting procedures, it logically follows that a losing bidder would qualify as an “aggrieved party” who may bring a challenge to ensure … Such relief is clearly contemplated by the Enabling Act.

Eley v. District of Columbia

District Court, District of Columbia · Jun 4, 2014

Clearly, the term “placement” in subsection (k) refers, at least in part, to a physical location. … Lunceford is often cited for the proposition that a change in “educational placement” requires “at a minimum, a fundamental change in, or elimination of a basic element of the education program in order for the change to qualify

Renchard v. Prince William Marine Sales, Inc.

28 F. Supp. 3d 1 · District Court, District of Columbia · Jan 6, 2014

Renchard, is “profoundly and pre-linguistically deaf and uses American Sign Language for daily communication” such that “[t]o communicate with Plaintiff effectively in business or other important situations, a qualified … The burden is on the movant for “establishing that the transfer of this action is proper.” Hooker v. NASA, No. 12- 1358, 2013 WL 4454549, at *1 (D.D.C.

Intervet, Inc. v. Merial Limited

District Court, District of Columbia · Aug 12, 2009

“To establish literal infringement, all of the elements of the claim, as correctly construed, must be present in the accused [product].” Id. … Here, Merial clearly foresaw other PCV isolates that were highly homologous to or with great serological similarity to the five listed strains, and so it cannot now argue that such isolates were unforeseeable.

Electronic Privacy Information Center v. United States Department of Homeland Security

999 F. Supp. 2d 61 · District Court, District of Columbia · Nov 15, 2013

The first step "is to establish the 'lodestar': the number of hours reasonably expended multiplied by a reasonable hourly rate." Nat'l Ass'n of Concerned Veterans v. Sec'y of Def., 675 F.2d 1319, 1323 (D.C. … Cir. 1980) (en banc) ("[W]e ask only that the district court judges exercise their discretion as conscientiously as possible, and state their reasons as clearly as possible.").

FPL Group, Inc. v. Internal Revenue Service

698 F. Supp. 2d 66 · District Court, District of Columbia · Mar 12, 2010

Therefore, the six emails accompanying the second Dawson declaration do not establish the inadequacy of defendant’s search. … July 19, 2006) (rejecting plaintiffs segregation claim where agency declaration “very clearly declare[d], under penalty of perjury, ... that ‘all reasonably segregable information has been disclosed’ ”).

Brown v. Government of the District of Columbia

District Court, District of Columbia · Jul 27, 2017

First, Plaintiffs have met their burden to establish numerosity. … What remains of Claim Fourteen, however, is clearly inappropriate for class-wide resolution.

Hudson v. American Federation of Government Employees

District Court, District of Columbia · Jun 16, 2023

Reduction for Limited Success It is well established that a party may be entitled to a reduced award if its victory is incomplete. … See AFGE Opp. at 18–19 (emphasizing under second prong that “Plaintiff’s myriad of claims clearly qualify as related to the extent that they all rest on the central factual allegation that Plaintiff’s race was the decisive

Rosenberg v. United States Department of Immigration and Customs Enforcement

District Court, District of Columbia · Feb 3, 2014

were compiled for law enforcement purposes as required for Exemption 7(C), the Court has “no need to consider Exemption 6 separately because all information that would fall within the scope of Exemption 6 would also be immune … The Court finds the FBI has now met its burden of establishing that 7(E) exempts the series of questions withheld on Rubashkin-734-735.

Kearns v. Federal Aviation Administration

District Court, District of Columbia · May 15, 2018

The FAA also told Kearns that the redacted information additionally qualified for withholding under Exemption 7(C), which protects against the unwarranted invasion of personal privacy through the disclosure of law-enforcement … Supp. 2d 174, 187 (D.D.C. 2007) (“[A] plaintiff must exhaust the administrative remedies established by an agency’s Privacy Act regulations before bringing suit . . . to compel disclosure.”).

Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice

District Court, District of Columbia · Mar 16, 2009

In that way, FOIA “embodies a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” Id. (internal quotation marks omitted). … FOIA also requires each agency to promulgate regulations specifying a fee schedule for FOIA requests and establishing guidelines for the waiver or reduction of fees. 5 U.S.C. § 552(a)(4)(A)(I).

Imapizza, LLC v. at Pizza Limited

District Court, District of Columbia · Sep 24, 2018

Compl. ¶¶ 6, 11. 1 “&pizza is an anti-establishment establishment” that prides itself on its “creative pies and craft beverages, localized shop design, and the strength, unity and vibe of its living-wage-paid, ampersand-tattooed … Nonetheless, the Court concludes that, when all factual disputes are resolved and inferences are drawn in IMAPizza’s favor, some of Dhir’s contacts with the District qualify as business transactions under § 13-423(a)(1)

Lovitky v. Trump

District Court, District of Columbia · Jul 12, 2019

Lovitky has failed to establish that this injury is redressable by a federal court. … A duty qualifies as ministerial when it is “so plainly prescribed as to be free from doubt and equivalent to a positive command.” Id. (quoting Wilbur v. United States ex rel.