Case law

Laroque v. Holder

District Court, District of Columbia · Dec 20, 2010

Nor, as the Court -25- explained, has the Supreme Court "ever identified initiative proponents as Article-III-qualified defenders of the measures they advocated." … Thus, even if plaintiffs could establish that they suffered an injury in fact, they cannot establish "redressability" as required by Article III. E.

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

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.

Wilson v. U.S. Department of Transportation

730 F. Supp. 2d 140 · District Court, District of Columbia · Aug 11, 2010

A nonmoving party, however, must establish more than “[t]he mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 . … against any qualifying public interest in disclosure.

United States v. Chammas

District Court, District of Columbia · Dec 19, 2018

Carrier, 477 U.S. 478, 496 (1986), “it is difficult to establish ineffective assistance when counsel’s overall performance indicates active and capable advocacy,” Harrington v. … Regardless of whether counsel delayed in apprising Chammas of the government’s decision to drop the forced-labor investigation into his wife—and nothing in the record suggests he did—Chammas was clearly aware of the decision

Cause of Action Institute v. U.S. Department of Justice

District Court, District of Columbia · Sep 13, 2018

It does not establish that the purpose of this communication was legal in nature. … To qualify under this privilege, a record must meet two requirements. First, it must be predecisional – i.e., “[a]ntecedent to the adoption of an agency policy.” Jordan v. DOJ, 591 F.2d 753, 774 (D.C.

Judicial Watch, Inc. v. United States Department of Defense

245 F. Supp. 3d 19 · District Court, District of Columbia · Mar 28, 2017

Simms, 471 U.S. 159, 167 , 105 S.Ct. 1881 , 85 L.Ed.2d 173 (1985) (holding that the National Security Act “qualifies as a withholding statute under Exemption 3”).' •' The burden is on the agency to justify the withholding … This argument is simir larly unpersuasive as the defendants have clearly demonstrated that the five requested memoranda were solicited and reviewed prior to the President’s decision to‘ launch the raid on bin Laden’s compound

Moore v. Blue Cross & Blue Shield of the National Capital Area

70 F. Supp. 2d 9 · District Court, District of Columbia · Nov 10, 1999

McIntyre with her own handwritten postscript stating that “clearly the parents have devised a program that is effective.” … Moore attempted to establish contact by telephone with Dr. McIntyre directly in early February, 1993, without success. On February 11th he wrote to Dr.

R.J. Reynolds Tobacco Company v. United States Department of Agriculture

130 F. Supp. 3d 356 · District Court, District of Columbia · Sep 17, 2015

Mead Corp., 533 U.S. 218, 226–27 (2001) (explaining that “administrative implementation of a . . . statutory provision qualifies for Chevron deference when it appears that Congress delegated … Opp’n at 33–34 (quoting Black’s Law Dictionary 1404 (9th ed. 2009) (second alteration in original))—clearly reads the CCC’s statutory directive too broadly, because it essentially ignores subsection (g)(1)’s preceding

Hispanic Affairs Project v. Perez

141 F. Supp. 3d 60 · District Court, District of Columbia · Oct 31, 2015

must first obtain certification from the Secretary of Labor, who may certify, or approve, the temporary work visas, called H-2A visas, when, inter alia, (1) “there are not sufficient workers who are able, willing and qualified … Motion to Certify Class Under FRCP 23(b)(2), ECF No. 27. 7 P RACTICE AND P ROCEDURE § 2948 (2d ed. 1995)), requiring the plaintiffs to show clearly (1) that

Gallo v. District of Columbia

District Court, District of Columbia · Jun 21, 2022

Harbury, 536 U.S. 403, 415 n.12 (2002) (invoking the Article IV Privileges and Immunities Clause, the First Amendment Petition Clause, the Fifth Amendment Due Process Clause, and the Fourteenth Amendment’s Equal Protection … One such principle is that, for the doctrine to apply, “a party’s later position must be clearly inconsistent with its earlier position.” Id. (cleaned up). Gallo argues the District violated this principal.

United States v. Suirui Group Co., Ltd.

District Court, District of Columbia · May 26, 2026

United States, 321 U.S. 414 (1944), in support of its argument, but that case establishes the same: Congress speaks clearly when it wants to foreclose a particular 17 … In any event, the court finds that Sharp—who has significant experience acting as a fiduciary, providing crisis management services across many industries, and serving as a receiver in prior cases—is qualified to serve

United States v. Roberson

District Court, District of Columbia · Jan 4, 2022

Evidence of defendant’s internet activity evincing a sexual interest in children at precisely the time he was corresponding with Email Address 2 is thus clearly relevant for rebutting those anticipated defenses without … It is not necessary, however, for the government to show that the proffered act satisfies that jurisdictional element in order to qualify as “child molestation” under the Rule. See United States v.

Reynolds v. U.S. Capitol Police Board

357 F. Supp. 2d 2 · District Court, District of Columbia · Mar 31, 2004

Republic of Angola, 216 F.3d 36, 40 (D.C.Cir.2000); In re Swine Flu Immunization Products Liability Litigation, 880 F.2d 1439, 1442-43 (D.C.Cir.1989). 4 I. … Johnson Reynolds has alleged she requested and was denied a reassignment in March 1998, which is clearly outside the statutory time period. Amend. Compl. ¶ 42.

Kurd v. Republic of Turkey

District Court, District of Columbia · Mar 18, 2019

Accordingly, this allegation fails to establish any sort of agreement among Defendants. … During the protest that ensued, Plaintiffs held up signs clearly indicating their purpose for protesting–calling attention to the treatment of the Kurdish minority in Turkey. Id. at ¶ 63.

Sea-Land Service, Inc. v. Dole

596 F. Supp. 1143 · District Court, District of Columbia · Jun 26, 1984

There is no realistic possibility that any foreign carrier could qualify for such service. … Circuit has stated: The Act and its history make it clear that the operating subsidy established by 46 U.S.C. § 1171 was intended by Congress to be paid in order to meet foreign competition.

Franklin v. Potter

600 F. Supp. 2d 38 · District Court, District of Columbia · Mar 4, 2009

He is regularly absent from duty on FMLA [leave] but because he has several FMLA qualified conditions, he uses the conditions for which he does not have to bring documentation. … evaluating whether a prima facie case has been established).... ” Walker v.

United States v. Smith

District Court, District of Columbia · Oct 9, 2020

Although A.S.’s alleged sexual relationships with other adolescents would clearly be considered evidence of “sexual behavior,” whether other pieces of defendant’s proffered evidence could properly be characterized as “evidence … Wolf is qualified, her testimony will be of assistance to the factfinder, her proposed testimony is reliable, and it “fits” the facts of the case. Miller, 608 F.3d at 895.

United States v. Zabavsky

District Court, District of Columbia · Jan 25, 2024

Sutton is clearly wrong. … Sergeant Bray was not qualified as an expert witness, and even if he had been so qualified, he would not have been allowed to provide legal opinions.

D.A.M. v. Barr

District Court, District of Columbia · Sep 15, 2020

that the alien could establish eligibility for asylum.” Id. § 1225(b)(1)(B)(v). … But the refugee program provides nothing close to a guarantee that petitioners will be able to return to the U.S., even assuming they qualify for protection.

George v. George Washington University

District Court, District of Columbia · May 27, 2022

Under the pandemic-driven modification to NCAA eligibility rules, qualifying athletes were now allowed to compete for five years to make up for the seasons cut halfway through the 2019-2020 academic year. … Indeed, “[a]s a rule, [w]hen a mandatory preliminary injunction is requested, the district court should deny such relief unless the facts and law clearly favor the moving party.”