Case law

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.

Afghan and Iraqi Allies v. Pompeo

District Court, District of Columbia · Sep 20, 2019

And although Defendants have noted that they spend some time working “with individual applicants to help the applicant establish this [sic] or her eligibility” (Defs.’ … But Defendants did not clearly identify the portion of the amendment that supported this argument. 13 The amendment provides: (a) AFGHAN ALLIES.

United States v. Washington

907 F. Supp. 476 · District Court, District of Columbia · Nov 16, 1995

Stinson is clearly a significant holding for its impact on sentencing and the authority of the Sentencing Commission. However, a close inspection reveals that it fails to even minimally address questions at issue here. … While the Magistrate Judge based his order on the risk of flight and the safety of the community, the Court finds that the government has not established that the defendant presents a risk of flight.

United States v. Saffarinia

District Court, District of Columbia · Jan 15, 2020

Saffarinia’s OGE Forms 278 qualifies as the “proper administration of any matter with the jurisdiction” of a federal agency or department, Mr. … Saffarinia’s] Forms 278 clearly constitute ‘a subject under consideration’ by HUD and OGE” given the common meaning of the word “matter.” Gov’t’s Opp’n, ECF No. 31 at 21. Mr.

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

Amuso v. U.S. Department of Justice

District Court, District of Columbia · Mar 4, 2009

infonnation pertaining to law enforcement techniques and procedures under both Exemptions 2 and 7(E) appears in the discussion of Exemption 7(E). 10 be 'rules and practices' to qualify … Exemption 64 Exemption 6 protects from disclosure "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b )(6

Coleman v. Dhs

District Court, District of Columbia · Mar 11, 2021

commented that she had “provided the travel guidance for this deployment, and everyone was given the same guidance[] on when to checkout and travel,” yet plaintiff “chose to ‘work’ on [her] checkout day, when [Dawson] clearly … As such, the process qualified as “[d]isaster hiring . . . conducted under expedited protocols supported by an Emergency Waiver issued by DHS due to the nature of FEMA Response and Recovery requirements at the onset of

In Re Harman International Industries, Inc. Securities Litigation

27 F. Supp. 3d 26 · District Court, District of Columbia · Jan 17, 2014

Plaintiffs also claim that the company’s senior executives qualify as control persons under section 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78t(a) (2012), and are therefore individually liable for the … Indeed, every circuit court to directly consider the issue has held that the statutory text establishes a disjunctive test. See, e.g., Slayton v. Am.

Select Specialty Hospital - Denver, Inc. v. Sebelius

District Court, District of Columbia · Aug 22, 2019

This policy change in October 1, 2003 was clearly not understood by CMS’s own Intermediary to apply universally to all providers, however, because shortly thereafter, on October 15, 2003, the CMS Intermediary issued a … own briefing later indicates means only that providers need not ‘fully’ participate in Medicaid, because states “are ‘required to permit the provider to enroll for the limited purpose of obtaining adjudication of the [Qualified

L.M.-m. v. Cuccinelli

District Court, District of Columbia · Mar 1, 2020

Holder, 608 F.3d 325, 331 (7th Cir. 2010) (observing that § 1252(e)(3) bars review of “unwritten action” and expressing concerns about Congress’s decision to immunize unwritten action from judicial review); American Immigration … Under that commonsense understanding of the meaning of the default provision, Cuccinelli does not qualify as a “first assistant” because he was assigned 34 the role of

Wharf, Inc. v. District of Columbia

District Court, District of Columbia · Mar 30, 2021

(stated clearly therein), which is to avoid violating the Rule Against Perpetuities and other restraints on alienation. … Alleged passive misconduct by the District may not however qualify as “affirmative misconduct.”

Bernegger v. Executive Office for United States Attorneys

District Court, District of Columbia · Sep 20, 2018

As an initial matter, both declarants establish their competence “to testify on the matters stated.” Fed. R. Civ. P. 56(c)(4). … But, while Exemption 6 is limited to records “the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,” id. § 556(b)(6), “[t]he adverb ‘clearly’ . . . is not used in Exemption 7(C),”

Amalgamated Transit Union, AFL-CIO v. Donovan

554 F. Supp. 589 · District Court, District of Columbia · Nov 2, 1982

Defendants also assert that the legislative history and ease law clearly demonstrate that the Secretary has “virtually unreviewable power.” … The court determined, by reference to specific standards, that the program did not qualify and upheld the District Court’s grant of injunctive relief to plaintiff.

Center for Biological Diversity v. Andrew Wheeler

District Court, District of Columbia · Feb 15, 2024

Plaintiffs have also established a causal link between the EPA’s decision and their alleged injury. … Circuit agreed, holding that it was in “qualified agreement with the district court’s ruling that a ‘biological opinion’ may not deal exclusively with any one particular stage of an outer continental shelf project.”

Fuentes-Fernandez & Company, Psc v. Corvus Group, Inc.

174 F. Supp. 3d 378 · District Court, District of Columbia · Mar 30, 2016

The Court is not certain that the non-public letter expressing the Technical Evaluation Panel’s opinions would qualify, but even if it does, the court in Al-Aulaqi did not specifically address the question of whether the … TA ¶ 2, and the Agreement clearly defined the “Program” as only “SBA 7A Risk Oversight Support Services.”

H.R. v. District of Columbia

District Court, District of Columbia · Mar 29, 2024

2  A “local education” or “State” agency—in this case, District of Columbia Public Schools (“DCPS”)—performs an “initial evaluation” to determine if a child has a qualifying … clearly weighed the relevant testimony and dismissed the issue as speculative.

Center for Biological Diversity v. U.S. Bureau of Land Management

District Court, District of Columbia · Mar 9, 2021

See 44 U.S.C. §§ 2911(a), 3105 (requiring agencies to “establish safeguards against the removal or loss of records”). … Comm., 877 F.3d at 402 (internal quotation marks omitted), that DOI’s declarations clearly state were not searched for responsive records: the data on Secretary Zinke’s International Phone, the data on Secretary Zinke’

Center for Biological Diversity v. Andrew Wheeler

District Court, District of Columbia · Feb 15, 2024

Plaintiffs have also established a causal link between the EPA’s decision and their alleged injury. … Circuit agreed, holding that it was in “qualified agreement with the district court’s ruling that a ‘biological opinion’ may not deal exclusively with any one particular stage of an outer continental shelf project.”

Petrucelli v. Department of Justice

51 F. Supp. 3d 142 · District Court, District of Columbia · Jun 27, 2014

Supp. 2d 82, 115 (D.D.C. 2008) (concluding that documents which “reflect such matters as trial preparation, trial strategy, interpretation, personal evaluations and opinions pertinent to [a plaintiff’s] criminal case” qualify … Specifically, it withheld “portions of interviews where the release of the information could clearly identify the source of that information.” Id. ¶ 70.

Anacostia Riverkeeper, Inc. v. Johnson

District Court, District of Columbia · Jul 25, 2011

Just as a State “cannot immunize itself from the CWA’s important TMDL provisions through the simple expedient of refusing to submit TMDL calculations,” Kingman Park, 84 F. … On their face, however, both statements are severely qualified opinions—no better than quasi-educated guesses—rather than reasoned expressions of the Agency’s judgment.