Case law

Nelson v. Nationwide Mortgage Corp.

659 F. Supp. 611 · District Court, District of Columbia · Apr 16, 1987

Even if, as Slocum asserts, Nelson’s loans qualify as “business loans” for the purposes of the applicable usury laws, Nelson adequately has alleged that Slocum fraudulently misrepresented the effective interest rate she was … Clearly, the validity of Slocum’s requests were, in Magistrate Burnett’s words, “inextricably involved with the question of whether this case should be certified as a class action____” Statutorily, United States Magistrates

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.”).

United States v. SunGard Data Systems, Inc.

172 F. Supp. 2d 172 · District Court, District of Columbia · Nov 14, 2001

In particular, it is clearly possible to quick-ship the less expensive midrange computer systems, as opposed to mainframe computers or large midrange systems. … As plaintiff notes, “[e]ven if some segment of customers of a relevant product market could turn to alternative products in the face of a price increase, it does not immunize merging parties from Section 7 if there remain

Garnett v. Zeilinger

District Court, District of Columbia · Mar 28, 2018

plaintiffs “must not have antagonistic or conflicting interests with the unnamed members of the class” and (2) that the named representatives “must appear able to vigorously prosecute the interests of the class through qualified … But the statutory scheme provides the requisite level of specificity: it sets clear timelines for handling SNAP benefit applications and recertification notices and clearly mandates that States follow them.

Anand v. U.S. Department of Health and Human Services

District Court, District of Columbia · Mar 27, 2023

A record qualifies for withholding only if it is both “predecisional” and “deliberative.” Access Reports v. U.S. Dep’t of Justice, 926 F.2d 1192, 1194 (D.C. Cir. 1991). … For example, as for the “Key Personnel” list, Brooks explains that the “disclosure of such information would constitute a clearly unwarranted invasion of personal privacy.

SEC v. Bilzerian

District Court, District of Columbia · Jan 24, 2025

Kitts lawsuits, from start to end, is sufficient to establish that he played a role in their commencement, as he was forbidden to do. … This explicitly narrow exception clearly communicates that taking an appeal constitutes the “commencement of proceedings” within the meaning of the 2001 injunction.

Ramallo v. Reno

931 F. Supp. 884 · District Court, District of Columbia · Jun 27, 1996

United States, 720 F.2d 340, 350, 354 (4th Cir.1983) (fundamental fairness of Fifth Amendment required enforcement of government’s promise of immunity even when written agreement lost in mail and defendant was never call … Again, the Court believes that an agreement that is entitled to respect under the Due Process Clause of the Constitution has been established in this record.

Smith v. Hope Village, Inc.

481 F. Supp. 2d 172 · District Court, District of Columbia · Apr 12, 2007

Nevertheless, “the plaintiff bears the burden of establishing that the criminal act was so foreseeable that a duty arises to guard against it.” … Ruling otherwise would render Hope Village utterly immune from liability for the sort of negligence alleged in this case. 17 See White, 780 F.2d at 103 . District of Columbia precedent supports this conclusion.

SEC v. Bilzerian

District Court, District of Columbia · Nov 1, 2010

Rather than follow those orders, though, Bilzerian and his agents abused the judicial system in a concerted effort to interfere with this Court’s attempts to establish the sources and amounts of his assets. … Unlike Bleakley, Hammer clearly had actual notice of the 2001 Order. The fact that this Court has held Hammer in contempt for violating the same Order before is proof enough of that.

Nyc C.L.A.S.H., Inc. v. Carson

District Court, District of Columbia · Mar 2, 2020

APA, a court may hold an agency action unlawful when it is, inter alia, “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”; “contrary to constitutional right, power, privilege, or immunity … But, as defendants note, the consequences of noncompliance with applicable HUD regulations are clearly expressed in HUD’s contracts with the PHAs.

Hughes v. Abell

District Court, District of Columbia · Nov 17, 2010

A non-moving party, however, must establish more than the "mere existence of a scintilla of evidence" in support of its position. Id. at 252. … Hughes alleges that the transaction he entered with Baltimore, Abell, and Modern 18 Management in September 2004 was a "sham sale of his home" that should qualify "as a

A.N.S.W.E.R. Coalition v. Jewell

153 F. Supp. 3d 395 · District Court, District of Columbia · Jan 28, 2016

Such use of the streets and public places is “a part of the privileges, immunities, rights, and liberties of citizens.” White House Vigil for the ERA Comm. v. … established.”

Bean Dredging, LLC v. United States

773 F. Supp. 2d 63 · District Court, District of Columbia · Mar 29, 2011

Just as the burden of establishing that the agency action is arbitrary or capricious rests with the party *74 challenging agency action, so too must that party establish that the errors ascribed were prejudicial. … Clearly, this is not the law.

Kayll v. U.S. Department of Homeland Security

District Court, District of Columbia · Jan 8, 2024

On the other hand, the agency’s declarations clearly indicate that CBP’s ability to use and dispose of the documents is circumscribed. … In this case, the undisputed facts demonstrate that CBP lacks possession of the document, and the lack of possession points clearly to a lack of control.

Mathis v. United States Parole Commission

District Court, District of Columbia · Feb 11, 2025

Davis’s proposed class clearly encompasses only those who are supervised by both the Commission and CSOSA. … Second, the representative “must appear able to vigorously prosecute the interests of the class through qualified counsel.” Id. (cleaned up). Adequacy “is not a stringent requirement.” Hoyte v.

3e Mobile, LLC v. Global Cellular, Inc.

District Court, District of Columbia · Mar 19, 2019

of performance to “supplement or qualify the terms of the parties’ agreement as well as provide interpretive guidance on terms explicit in that agreement.” 22 Waterford Mortg. … Further, Tommy Wang’s testimony clearly established that he did not think that the purchase orders that 3E was copied on constituted orders for product from 3E.

The Fund for Animals v. Norton

294 F. Supp. 2d 92 · District Court, District of Columbia · Dec 23, 2003

The Grand Teton National Park was established in 1950, and the John D. Rockefeller Memorial Parkway established in 1972. … The Court does not question the initial decision to develop the SEIS, as it was clearly the result of the 2001 Settlement reached with the ISMA. 68 Fed.Reg. at 69,268.

Kim v. Financial Industry Regulatory Authority, Inc.

District Court, District of Columbia · Oct 6, 2023

First, Plaintiff cannot establish he is likely to succeed on the merits. … Plaintiff’s Article II Appointments Clause and removal power claims require establishing that FINRA is a state actor, which “clearly requires permanent government control.” Herron v.

American Immigration Council v. U.S. Customs and Border Protection

District Court, District of Columbia · Mar 11, 2022

But CBP would need to state that clearly as opposed to stating that CBP searched for merely the July 10, 2019 memorandum. … See id. at 70 (“The agency’s burden is to establish that documents do not constitute the working law.” (cleaned up)).

In re Long-Distance Telephone Service Federal Excise Tax Refund Litigation

901 F. Supp. 2d 1 · District Court, District of Columbia · Oct 29, 2012

Excise Tax Refund Litig., 469 F.Supp.2d 1348 , 1350 (J.P.M.L.2006) (Transfer Order); accord Practice and Procedure Order Establishing the Governing Practice and Procedure Upon Transfer Pursuant to 28 U.S.C. § 1407 (a) at … This, clearly, is inconsistent with the American rule and the common benefit exception. Id. at 460 (quoting Trujillo v. Heckler, 587 F.Supp. 928, 931 (D.Colo.1984)) (emphasis added); see also United States v.