Case law

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.”

Bean Dredging, LLC v. United States

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 challenging agency action, so too must that party establish that the errors ascribed were prejudicial. … Clearly, this is not the law.

Electronic Privacy Information Center v. Department of Justice

584 F. Supp. 2d 65 · District Court, District of Columbia · Oct 31, 2008

And recommendations and advice with respect to a final decision that must be made by the President would clearly fall within the deliberative process privilege. 19 The court cannot conclude that the deliberative process applies … Thus, “[n]ot every person who plays a role in the development of presidential advice ... can qualify for the privilege.” Id. (citing In re Sealed Case, 121 F.3d 729, 752 (D.C.Cir.1997)).

Garcia Ramirez v. U.S. Immigration and Custom Enforcement

District Court, District of Columbia · Sep 21, 2021

Cir. 2006) (explaining that the text of the APA, in § 702, “waives the Government’s immunity from actions seeking relief” but only for actions “other than [for] money damages.”) (quoting Dep't of Army v. … The Court has identified a number of ways in which ICE has “acted in a manner that is ‘arbitrary, capricious, an abuse of discretion’ and—most clearly—‘otherwise not in accordance with law’” and has “‘unlawfully withheld

Franklin v. Potter

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) . . . .”

BCCI Holdings (Luxembourg) Societe Anon. v. Khalil

56 F. Supp. 2d 14 · District Court, District of Columbia · Jun 23, 1999

Use of United States mail and international wires was clearly foreseeable. … Khalil clearly was “associated with” the enterprise, but the Liquidators also were required to show that Khalil participated in the conduct of the enterprise.

United States v. Ferguson

565 F. Supp. 2d 32 · District Court, District of Columbia · Jul 8, 2008

To enable “meaningful appellate review” the “district court must carefully consider those factors as applied to the particular case and, whatever its decision, clearly articulate their effect.” … It does not serve the public interest, though, to immunize a defendant who has already been found guilty by a jury of his peers, as in this case, from further prosecution because of a procedural error that has not prejudiced

Sai v. Transportation Security Administration

District Court, District of Columbia · Sep 25, 2018

Circuit has, likewise, observed that the deliberative process privilege is a qualified privilege, which “disappears altogether when there is any reason to believe government misconduct occurred.” … First, while Exemption 6 requires the agency to demonstrate that disclosure would constitute a “clearly unwarranted invasion of personal privacy,” 5 U.S.C. § 552(b)(6), Exemption 7(C) “omits the adverb ‘clearly,’” 100Reporters

['ADIRONDACK MEDICAL CENTER v. SEBELIUS']

29 F. Supp. 3d 25 · District Court, District of Columbia · Mar 21, 2014

To incentivize hospitals serving Medicare patients to control costs, Congress revised the Medicare reimbursement scheme in 1983 and established the Inpatient Prospective Payment System (IPPS). … If SCHs and MDHs were immune from budget neutrality, the Secretary “would have to apply a larger reduction factor to the standardized amounts,” which “would be inequitable to those hospitals that are paid based on the [

United States v. Concord Management and Consulting LLC

District Court, District of Columbia · Aug 13, 2018

Thus, “while the presence of a ‘good cause’ restriction in Morrison did not prevent a finding of inferior officer 21 status, [Morrison] clearly did not hold that such a … The Statutory Authority to Appoint the Special Counsel Qualifying as an inferior officer, however, is not enough to satisfy the Appointment Clause.

Morgan v. Washington Metropolitan Area Transit Authority

District Court, District of Columbia · Nov 18, 2016

She clearly had not been involved in grants budgets as stated in this meeting & @ her interview. … Circuit has clearly instructed that a hostile work environment is not established by “occasional name-calling, rude emails, lost tempers and workplace disagreements.” Baird v. Gotbaum, 792 F.3d 166, 171 (D.C.

Clayton v. District of Columbia

District Court, District of Columbia · Mar 20, 2019

The Court need not consider the legal and factual adequacy of each of Clayton’s many alleged “protected disclosures,” however, because at least one of those disclosures indisputably qualifies for protection under the DC-WPA … Supp. 2d 37, 73–74 (D.D.C. 2011) (holding that “allega[tions] [of] harassment and discrimination in violation of federal and state law . . . clearly fall under subsection (6)(D), as those disclosures [are] plainly based

Maniilaq Association v. Burwell

170 F. Supp. 3d 243 · District Court, District of Columbia · Mar 22, 2016

BACKGROUND Under Title V of the Indian Self-Determination and Education Assistance Act (the Act), qualifying tribes or inter-tribal consortia may enter self-governance compacts to administer health services ordinarily … Second, section 105(l) was meant to establish a set of “allowable cost[]” principles tailored to tribal needs. See id. at 30–32. These arguments have some force.

Ranbaxy Laboratories, Ltd. v. Burwell

82 F. Supp. 3d 159 · District Court, District of Columbia · Mar 11, 2015

The Agency’s Interpretation Is Reasonable By regulation, the FDA clearly conditions tentative approval on a finding of compliance with CGMP. … Circuit did not detail the type of “unusual circumstances” that would excuse a corrective action occurring more than a period of “weeks” after the original decision, this Court believes that the instant matter qualifies

Newborn v. Yahoo! Inc.

437 F. Supp. 2d 1 · District Court, District of Columbia · May 23, 2006

Second, to the extent the plaintiffs complaint alleged infringement of certain items, the allegations were “clearly contradictory to other statements in both the complaint and the plaintiffs [other] *6 pleadings.” … In Noxell, however, the District of Columbia Circuit did provide the following guidance: Congress did not essay in the Lanham Act’s text or related commentary precise definition of cases qualifying as “exceptional” for fee

Ransom v. Babbitt

69 F. Supp. 2d 141 · District Court, District of Columbia · Sep 30, 1999

Regis Mohawk Tribe with grants, contracts, and other financial assistance in order that the tribe might establish its own written governing documents ....’’Id. … Clearly an APA review is not a governmental function that the Constitution commits to a coordinate branch of the federal government.

B.B. v. District of Columbia

District Court, District of Columbia · Mar 21, 2022

Plaintiffs assert that the school system was presented with documentation that “clearly indicated that B.B. required a specific reading intervention.” Id. at 34. … Because Plaintiffs have not been able to establish a denial of FAPE, which is the first of three prongs to qualify for tuition reimbursement, see Forest Grove Sch.

Peternel v. Buttigieg

District Court, District of Columbia · Oct 28, 2025

Fuller attests that when he received plaintiff’s work on the Locomotive Rule, he observed many problems, including that the analyses were “not clearly written,” “not actually completed,” and contained methodological issues … First, Fuller alerted plaintiff that the Drug and Alcohol Rule assigned in December 2018 would not qualify to demonstrate plaintiff’s ability to complete GS-14 level work since Fuller “didn’t realize how small that rule

Dunlap v. O'Malley

District Court, District of Columbia · Aug 7, 2025

Cir. 1987). 3 Affirmative answers to questions 3 or 5 establish disability.” Hines v. … Supp. 540, 543 (D.D.C. 1984) (“That a claimant has recently sought work is immaterial to a determination of whether he qualifies for disability benefits.”), with, e.g., Black v.

United States v. Concord Management and Consulting LLC

District Court, District of Columbia · Aug 15, 2018

Thus, “while the presence of a ‘good cause’ restriction in Morrison did not prevent a finding of inferior officer 21 status, [Morrison] clearly did not hold that such a … The Statutory Authority to Appoint the Special Counsel Qualifying as an inferior officer, however, is not enough to satisfy the Appointments Clause.