Case law

Hall & Associates v. United States Environmental Protection Agency

District Court, District of Columbia · Sep 27, 2022

When invoking the privilege, therefore, an “agency must establish what deliberative process is involved, and the role played by the documents in issue in the course of that process.” … Standing alone, the phrase “records . . . addressing . . . personnel attendance” is most reasonably understood to denote travel records, receipts, and forms—not talking points or substantive memoranda—even when the qualifier

Johnson v. Holway

439 F. Supp. 2d 180 · District Court, District of Columbia · Jul 21, 2006

Moreover, Lawson noted, the fund was established before Heller, Huron’s demand for the $10,000 retainer. (Id. at 15.) … In addition, the ULP charges filed by plaintiffs do not qualify as protected activity since plaintiffs have failed to demonstrate a “ ‘good faith, reasonable belief that the challenged practice[s] violate[d] Title VII.’ ”

Stephens v. Farmers Restaurant Group

District Court, District of Columbia · Jan 31, 2018

Employees who qualify as “tipped employees” under the statute may be paid a lower cash wage (as low as $2.13 per hour), with the remainder of the minimum wage made up by the tips that such employees receive. … In light of Plaintiff Storey’s 15 The Amended Complaint does not clearly assert a minimum wage claim related to this alleged practice. See Am.

Mingo Logan Coal Company, Inc. v. United States Environmental Protection Agency

70 F. Supp. 3d 151 · District Court, District of Columbia · Sep 30, 2014

Council, 490 U.S. 360, 378 (1989) (“When presented with conflicting evidence, courts must generally defer to the agency evaluation because ‘an agency must have discretion to rely on the reasonable opinions of its own qualified … Although it clearly requires the Corps (not necessarily EPA) to consider secondary effects before it issues a permit, the language does not explicitly say that they cannot be considered again after a permit issues.

Vanda Pharmaceuticals Inc. v. Food and Drug Administration

District Court, District of Columbia · Sep 10, 2024

Relevant here, the applicant must also establish that its generic drug is “bioequivalent” to the listed one. 21 U.S.C. § 355(j)(2)(A)(iv). … Based on these studies, the FDA concluded that MSN had established bioequivalence. See id.

Stein v. United States Securities and Exchange Commission

266 F. Supp. 3d 326 · District Court, District of Columbia · Jul 24, 2017

Supp. at 38 (“Interference may be established by demonstrating that release of the records may give the requester earlier and greater access than otherwise possible . . . … The SEC has not explained what, if any, information these documents might contain that would qualify them for work product protection.

Bin Lep v. Trump

District Court, District of Columbia · Mar 30, 2023

The court observed that the Al Warafi court considered the same issue and determined that despite petitioner’s designation as an “enemy combatant,” he still qualified as a “medic” under AR 190-8. Id. … Cir. 1991) (“[T]he threshold for establishing a constitutional violation is clearly lower for the pretrial detainees.”).

Harris v. Mayorkas

District Court, District of Columbia · Aug 18, 2022

That type of workplace, Plaintiff says, “is established for the purpose of setting up an employee to fail.” Id. … Finally, being assigned the same work goals as a prior year and one’s supervisor failing to communicate clearly or timely meet with an employee to discuss future work is assuredly not the type of “severe” conduct actionable

Committee on Ways and Means, United States House of Representatives v. United States Department of the Treasury

District Court, District of Columbia · Dec 14, 2021

McGrain suggests that the legitimate legislative purpose bar is a low one, and the purpose need not be clearly articulated. … The Court cut its own path reminiscent of the functionalist approach established in the Watergate cases.

United States v. Hinckley

40 F. Supp. 3d 8 · District Court, District of Columbia · Dec 20, 2013

Furthermore, the surveillance report also clearly states, contrary to the government’s representation in its opening statement, that during the visit Mr. … Weiss is eminently qualified to serve in this capacity.

J.T. v. District of Columbia

District Court, District of Columbia · Oct 1, 2020

The same is true here; as explained above, “place” as used in the regulation at issue clearly refers to placement at a specific physical school. … Clearly, then, some limited amount of time without a placement does not necessarily amount to a denial of a FAPE.

Klayman v. Obama

957 F. Supp. 2d 1 · District Court, District of Columbia · Dec 16, 2013

This general waiver of sovereign immunity does not apply, however, “if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.” Id. … United States, 529 U.S. 334, 338-39 , 120 S.Ct. 1462 , 146 L.Ed.2d 365 (2000) (''[A] bus passenger clearly expects that his bag may be handled.

Barouch v. U.S. Department of Justice

962 F. Supp. 2d 30 · District Court, District of Columbia · Aug 23, 2013

However, a requester’s interest in his own case is insufficient to establish a relevant public interest. … Because this is a lower standard than Exemption 6, which requires a “clearly unwarranted” invasion of privacy, id. § 552(b)(6) (emphasis added), the Court will address only Exemption (b)(7)(C).

R.B. v. District of Columbia

District Court, District of Columbia · Sep 30, 2019

A Section 504 plan, named after the section of the Rehabilitation Act in which it was established, see Pub. L. … Plaintiffs clearly argued that Woodrow Wilson HS was an improper placement for R.B.

McPherson v. Spencer

District Court, District of Columbia · May 6, 2021

Further, plaintiff’s PLOR “clearly reference[d] that [he] was apprised of [his] rights prior to the imposition of NJP,” yet plaintiff “elected not to submit a statement disputing this fact or any of the claims made in the … Instead, plaintiff argues only that this supposed error qualifies as inherently prejudicial without any further showing, stating that “had the [Navy] not made the error[], the Plaintiff would have been able to keep his job

['PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BROMWICH']

District Court, District of Columbia · Mar 14, 2014

USCG418-19 (requiring, among other things, that wind turbine generators be clearly marked, that “[t]hroughout the design process for a wind farm, assessments and methods for safe shutdown should be established and agreed … Remain Mem. at 31, but instead 41 clearly states that the Coast Guard expected “a moderate impact on navigation safety,” CW66389.

Skinner v. United States Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives

District Court, District of Columbia · Sep 30, 2010

. #1] clearly and concisely sets forth factual allegations with respect to his FOIA requests to four DOJ components. … The declarants have established, and plaintiff does not dispute, that the BATFE, the FBI and the DEA are law enforcement agencies, and each component easily meets Exemption 7’s threshold requirement by establishing that

State of Florida v. United States of America

District Court, District of Columbia · Aug 16, 2012

We cannot agree, however, that the mere existence of other possible avenues for voting renders Florida’s changes to its early voting and inter-county mover procedures immune from section 5 scrutiny. … Moreover, as we suggested above, adopting Professor Hood’s approach would permit covered jurisdictions to enact changes with clearly adverse effects on minority voters as long as more white voters were also affected.

United States Ex Rel. Sansbury v. LB & B Associates, Inc.

58 F. Supp. 3d 37 · District Court, District of Columbia · Jul 16, 2014

Qualifying small businesses that are 1 Because a number of the arguments made in both motions to dismiss overlap, the Court will address the motions together. … The Government also clearly links Defendants’ false claims and statements to payments made by various Government agencies.

Smith v. Ergo Solutions, LLC

District Court, District of Columbia · Jan 9, 2019

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. … Smith and Osborne “bear[] the burden of establishing [their] employer’s negligence.” Id.