Case law

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  • Dean v. American Federation of Government Employees, Local 476

    509 F. Supp. 2d 39 · District Court, District of Columbia · Sep 20, 2007

    D)), that arrangement clearly arose after Plaintiffs termination by the Local and therefore cannot demonstrate interrelation of operations at the relevant point in time. … Eitches’ e-mail “is clearly defamatory, as it accuses [Plaintiff] of stealing and fraud[, accusations that] are per se defamatory,” and that “Mr.

    Cited 3 timesPublished
  • American Federation of Government Employees v. U.S. Department of Education

    District Court, District of Columbia · Nov 7, 2025

    Resolution of Thunder Basin’s first step here is straightforward: Congress clearly intended to preclude district court jurisdiction over claims that fall within the CSRA or FSLMRS’s review schemes. … According to the government, AFGE’s claim qualifies as either (1) a “grievance” under the FSLMRS, subject to the arbitration 13 process provided by AFGE’s collective

    Cited 0 timesPublished
  • United States v. Oseguera Gonzalez

    District Court, District of Columbia · Oct 29, 2020

    Ct. 2319, 2323–24 (2019) (finding residual clause in 18 U.S.C. § 924(c)(3)(B) unconstitutional because it “provides no reliable way to determine which offenses qualify as crimes of violence”) and Sessions v. … court granted 7 Defendant suggests that the superseding indictment accuses her of materially supporting the Cartel de Jalisco Nueva Generacion, Def.’s Omnibus Reply at 19, but the language in the indictment clearly

    Cited 0 timesPublished
  • Lewis v. United States Parole Commission

    District Court, District of Columbia · Jul 29, 2024

    Still, “[t]o prevail on its Rule 12(b)(1) motion to dismiss for lack of jurisdiction,” the movant “bears the ‘heavy burden’ of establishing that the case is moot.” Zukerman v. U.S. … However, in that case, the only indication that a class of people with live claims existed was the plaintiffs’ own assertion, “upon information and belief . . . that over a dozen people” existed who would qualify as class

    Cited 0 timesPublished
  • Kalshiex LLC v. Commodity Futures Trading Commission

    District Court, District of Columbia · Sep 12, 2024

    The CFTC is responsible for administering and enforcing the CEA, and the statute vests it with exclusive jurisdiction to regulate various types of commodities and futures on regulated exchanges, as well as to establish … Bay Mills involved a question of tribal sovereign immunity under the Indian Gaming Regulatory Act, which required the Court to consider whether and where a tribe engaged in “gaming activities.” See 572 U.S. at 791–93.

    Cited 0 timesPublished
  • Allen-Brown v. District of Columbia

    174 F. Supp. 3d 463 · District Court, District of Columbia · Mar 31, 2016

    The District has conceded, at least for present purposes, that the denial of a limited-duty accommodation qualifies as an adverse employment action. Dkt. 26-1 at 6; see also Young, 135 S. Ct. at 1354. … Allen-Brown’s complaint was clearly “‘sufficient to put defendant[] on notice of [the] theor[ies] of recovery upon which [she] is relying.’” Kelly, 840 F. Supp. 2d at 304 (quoting Overby v.

    Cited 10 timesPublished
  • Hsue Li Lee v. Reno

    15 F. Supp. 2d 26 · District Court, District of Columbia · Jul 27, 1998

    However, the cited section of the case discusses the establishment of INA habeas not § 2241. … Jackson, The Supreme Court, the Eleventh Amendment, and State Sovereign Immunity, 98 Yale L.J. 1 , 110 & nn. 439-41 (1988).

    Cited 29 timesPublished
  • Banks v. Booth

    District Court, District of Columbia · Jan 26, 2021

    When the Rational Brain loses control of emotions, we can’t think clearly. … ° Clearly explain the purpose of masks and when their use may be contraindicated.

    Cited 0 timesPublished
  • Glass v. District of Columbia

    District Court, District of Columbia · Nov 19, 2020

    Circuit ultimately held that the (at most) month-long delay by DCPS in providing a student with an IEP at the start of the school year “was quite clearly substantive,” because during the interim period she did not “receive … Glass was qualified given her past experience with the test. And contrary to Ms. Glass’s assertions, see Pl.’s MSJ at 17, the hearing officer did not credit the improperly-administered test.

    Cited 0 timesPublished
  • United States v. Honeywell International, Inc.

    District Court, District of Columbia · Nov 25, 2020

    “In order to qualify for reimbursement under the BVP program, body armor was required to have been certified under the relevant NIJ Standard.” HSUMF ¶ 76; USRHSUMF ¶ 76 (undisputed). … Charles clearly has a different view, whether Mr.

    Cited 0 timesPublished
  • Matiella v. Murdock Street LLC

    District Court, District of Columbia · Aug 28, 2024

    Municipal Regulation 12A § 3307.2.2 “clearly” does so with respect to the construction-related trespass alleged in the Second Amended Com- plaint. Id.. … It “is based on the well-established theory that if one breaches a duty owed to another and the breach causes injury, the former should compensate the latter.” Id. The D.C.

    Cited 0 timesPublished
  • Coleman v. Saul

    District Court, District of Columbia · Feb 27, 2023

    C. failed to satisfy the Paragraph C criteria for the examined Listings because the record “does not establish that [Ms. … The rule clearly applies to this case. 14 medical practice . . . for [the claimant’s] medical condition(s),” even if the provider has treated the claimant only “a few times

    Cited 0 timesPublished
  • District No. 1, Pacific Coast District, Marine Engineers' Beneficial Association, Afl-Cio v. Liberty Maritime Corporation

    70 F. Supp. 3d 327 · District Court, District of Columbia · Sep 30, 2014

    Determinations such as who qualifies as a duly recognized representative for the purpose of section 8 are “left in the first instance to the National Labor Relations Board[,]” which has authority to prevent and remedy unfair … It is well established that “‘arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.’” AT&T Techs., Inc. v.

    Cited 8 timesPublished
  • Pharmaceutical Research and Manufacturers of America v. Federal Trade Commission

    44 F. Supp. 3d 95 · District Court, District of Columbia · May 30, 2014

    Consequently, PhRMA has not demonstrated that Congress has clearly spoken on the FTC’s ability to promulgate industry-specific rules based on the legislative history. 3. … In light of the FTC’s explanation of its rule and its response to PhRMA’s comments, the Court finds that the FTC has established such rational connection.

    Cited 7 timesPublished
  • Rail Freight Fuel Surcharge Antitrust Litigation (No. Ii)- Mdl No. 2925

    District Court, District of Columbia · Jun 27, 2025

    AREEDA & HOVENKAMP, supra, ¶ 1406a. 106 discuss interline traffic does not immunize every discussion about FSCs, accord Pls.’ … Lawyers are often not present at business meetings, and their presence does not immunize defendants from engaging in conspiracy.

    Cited 0 timesPublished
  • Miller Ex Rel. Miller v. Laird

    349 F. Supp. 1034 · District Court, District of Columbia · Aug 31, 1972

    Three years ago, paternity was established judicially and the father was directed to make weekly payments toward the support of the child. 19 When suit was filed, the child resided with her mother and maternal grandmother … . 20 The father was then serving in the Army in Vietnam and was not contributing to the child’s support. 21 The complaint alleges the understandable desire of the mother and grandmother to qualify the child for medical care

    Cited 11 timesPublished
  • Securities & Exchange Commission v. International Loan Network, Inc.

    770 F. Supp. 678 · District Court, District of Columbia · Jul 18, 1991

    Sokolow, ICES is currently in the process of establishing a foundation for the purpose of granting scholarships to ICES members on a funds-available basis. … Clearly, if ILN’s written material were all the Court had to go on, the newly initiated PRA program would not be held to be an investment contract.

    Cited 20 timesPublished
  • Wp Company LLC v. Special Inspector General for Afghanistan Reconstruction

    District Court, District of Columbia · Sep 30, 2021

    Exemption 6 permits agencies to withhold “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). … And courts in this district have held that “when invoking Exemption 7(C), an agency need not establish much more than the fact of disclosure to establish foreseeable harm.” Ecological Rts. Found. v. EPA, Civ.

    Cited 0 timesPublished
  • Council on American-Islamic Relations Action Network, Inc. v. Gaubatz

    793 F. Supp. 2d 311 · District Court, District of Columbia · Jun 24, 2011

    That principle is both well-established and uncontroversial. However, it only applies where the publisher has “lawfully acquired” the information. Cohen v. … First, the Gaubatz Defendants argue that electronic data does not qualify as the sort of “personal property” protected by the tort of conversion. See id.

    Cited 58 timesPublished
  • Vanda Pharmaceuticals, Inc. v. Food and Drug Administration

    District Court, District of Columbia · Jan 31, 2020

    And FDA does not dispute that the ICH Guidance qualifies as a “rule” under the APA. See 5 U.S.C. § 551(4) (defining “rule” very broadly); Defs.’ Combined Mem. in Supp. of their Cross-Mot. for Summ. … To be permitted to supplement the record, Vanda “must first establish that the agency acted in bad faith or otherwise behaved improperly, or that the record is so bare that it prevents effective judicial review.” Id.

    Cited 0 timesPublished

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