Case law

Financial General Bankshares, Inc. v. Metzger

523 F. Supp. 744 · District Court, District of Columbia · Jul 31, 1981

It agreed that a qualified banker should immediately be brought in as Chief Operating Officer. Tr. Vol. I, at 172; Tr. Vol. Ill, at 54; Defendant’s Exh. … The record establishes that no disclosure was ever made. Finding of Fact 46. 76 .

Pierre-Noel v. Bridges Public Charter School

District Court, District of Columbia · Apr 6, 2023

New products often could not reach markets, and new mass markets could not be established. … It is difficult to establish 1967 Fiction priorities for the above single objectives.

Rockhill Insurance Company v. Hoffman-Madison Waterfront, LLC

District Court, District of Columbia · Sep 30, 2019

The letter also stressed that the newly-added defendant, Fish Market REIT, did not qualify as an insured. Id. at 8. … It is well-established that even if one claim potentially falls within the terms of the policy, the insurance company is obligated to defend against all of the claims.

United States v. Vazquez

District Court, District of Columbia · Oct 30, 2023

The jury has the well-established right “to determine credibility, weigh the evidence and draw justifiable inferences of fact,” United States v. Battle, 613 F.3d 258, 264 (D.C. … In any case, Romo’s testimony is clearly relevant to corroborate Contreras-Arceo’s testimony in several important respects, such as by confirming the conditions of and day-to-day operations at Men’s ranch, that Peteto was

Center for Biological Diversity v. National Marine Fisheries Service

District Court, District of Columbia · Sep 14, 2022

To qualify for this exception to the taking prohibitions, however, vessels must comply with various gear requirements based on the type of fish they catch and the kinds of nets they use. … State Farm, 463 U.S. at 43. 31  At the same time, the agency clearly recognized the deficiencies in the status quo, both because tow times were less adequate

National Trust for Historic Preservation v. Semonite

District Court, District of Columbia · May 24, 2018

The Court denied both motions, finding that the plaintiffs failed to establish a likelihood of irreparable harm prior to the cases being decided on the merits. … Circuit has clearly indicated that controversy in this context is not measured merely by the intensity of the opposition.

American Forest Resource Council v. Ashe

946 F. Supp. 2d 1 · District Court, District of Columbia · Mar 30, 2013

However, FWS also concluded that the tri-state population did not qualify as a DPS under the DPS Policy because the tri-state population was "not discrete." Id. at 8382. … In addition, FWS redetermined the PCEs for the murrelet, stating that these revised (but nearly identical) PCEs were "more detailed" than the PCEs established in 1996 and were based on the latest research.

Bradshaw v. Johanns

District Court, District of Columbia · Sep 2, 2021

In drafting the attached letter, I tried to state our position clearly but without being unnecessarily confrontational.” J. Ex. 20; Stip. No. 21. Mr. Stiebe responded by email. … “Because direct evidence of an employer’s discriminatory motives is often elusive, a plaintiff typically establishes but-for causation using the familiar pretext framework established in McDonnell Douglas Corp. v.

Cobell v. Norton

407 F. Supp. 2d 140 · District Court, District of Columbia · Dec 19, 2005

Defendants qualify their characterization of plaintiffs’ success, however, in an attempt to reduce that award with the time plaintiffs spent litigating those claims which may not have succeeded. … This Court found both trustee-delegates unreasonably breached their clearly delineated fiduciary responsibilities toward plaintiff class.

United States v. Pole

District Court, District of Columbia · Feb 23, 2024

“Under the clearly erroneous standard, the magistrate judge’s decision is entitled to great deference and is clearly erroneous only if on the entire evidence the court is left with the definite and firm conviction that … Mogilnicki’s testimony, his declaration clearly indicates that this “strategy” failed to consider Rule 408.

Buffalo Field Campaign v. Bernhardt

District Court, District of Columbia · Jan 12, 2022

Although the Service concluded “that the . . . petitions, together, provide[d] substantial scientific or commercial information indicating the [Yellowstone bison] may qualify as a DPS,” id. at 397, it concluded that they … 3000 [animals] . . . to avoid inbreeding depression and maintain genetic variation,” id. at 144, the 2014 petition asserts that “the size of the [n]orthern range herd is marginal and that of the [c]entral range herd is clearly

United States v. Michel

District Court, District of Columbia · Aug 30, 2024

Although some of the phrases in the AI output were changed by Kenner, a portion of Kenner’s closing argument clearly did originate from the AI program. … But this too does not establish that Kenner’s performance was deficient.

Edelman v. Securities and Exchange Commission

172 F. Supp. 3d 133 · District Court, District of Columbia · Mar 24, 2016

Reporters Committee for Freedom of the Press, 445 U.S. 136, established the centrality of the concept of control to the analysis. … The continuing vitality of the four-factor test established by the D.C. Circuit in the Tax Analysts litigation is not entirely clear. On the one hand, the D.C.

Stotmeister v. Alion Science and Technology Corporation

65 F. Supp. 3d 56 · District Court, District of Columbia · Aug 25, 2014

“To establish contributory negligence, the party asserting the defense must prove by a preponderance of the evidence that the opposing party’s negligence was a substantial factor in causing his or her injury, and that … Thomas Johnson to be a “government representative” or “client,” the plaintiffs cited no legal authority to support the proposition that, in the District of Columbia, a contractor may blindly follow a client’s order and be immune

Kennedy v. Novo A/S

District Court, District of Columbia · Sep 11, 2019

As the Ninth Circuit has recognized, “[§] 3730(b)(5)’s plain language unambiguously establishes a first-to-file bar, . . . [and] does not contain exceptions.” United States ex rel. Lujan v. … Relator Kennedy argues that she “clearly preserved her rights to a share of the proceeds of the action, [ ] including any alternate remedies.” Kennedy’s Alternate Remedies Reply at 24.

Buffalo Field Campaign v. Bernhardt

District Court, District of Columbia · Jan 12, 2022

Although the Service concluded “that the . . . petitions, together, provide[d] substantial scientific or commercial information indicating the [Yellowstone bison] may qualify as a DPS,” id. at 397, it concluded that they … 3000 [animals] . . . to avoid inbreeding depression and maintain genetic variation,” id. at 144, the 2014 petition asserts that “the size of the [n]orthern range herd is marginal and that of the [c]entral range herd is clearly

Schooley v. Islamic Republic of Iran

District Court, District of Columbia · Jun 27, 2019

“In a FSIA default proceeding, a factual finding is not deemed clearly erroneous if ‘there is an adequate basis in the record for inferring that the district court . . . was satisfied with the evidence submitted.’” … Foreign governments are generally immunized from lawsuits brought against them in the United States unless an FSIA exception applies. See 28 U.S.C. § 1604; Mohammadi v.

Cowan v. Federal Communication Commission

District Court, District of Columbia · Sep 15, 2022

untrustworthy because agency representatives proclaimed under penalty of perjury that agency officials had reviewed responsive materials “document-by-document and line-by-line,” and yet overlooked these documents that should clearly … Supp. at 404–05 (issuing protective order “until [the court] determines whether [the information] qualifies for non-disclosure” and noting that “this order is only temporary in nature”).

In Re: Domestic Airline Travel Antitrust Litigation

District Court, District of Columbia · Sep 12, 2023

Plaintiffs’ response in its CSMF is a qualified denial: The cited materials and other evidence do not support the assertion that Delta recognized that the path to both sustained profitability and to … GDP, 2002-2015) in its Motion, but the Court notes that neither chart on its face demonstrates any clearly apparent pattern of behavior in the airline industry, which appears somewhat volatile depending on the general state

Solomon v. Dechert LLP

District Court, District of Columbia · Sep 18, 2023

It is certainly true that his injury most clearly stems from Defendants’ broadcasting his emails to his employer and the press, but even that causal connection is not so simple because of intervening acts. … Under the CFAA, however, Plaintiff’s loss must fall into one of the aforementioned two buckets to qualify as an actionable loss. See Psychas v. Dist. Dep’t of Transp., 2019 WL 4644503, at *11 (D.D.C.