Case law

Dana-Farber Cancer Inst., Inc. v. Ono Pharm. Co.

379 F. Supp. 3d 53 · District Court, District of Columbia · May 17, 2019

Honjo, and Ono that had been established in the mid-1990s. T2-18:6-19:7; JTX-0140; JTX-0142; Dkt. No. 314-1 ¶ 7 ("Stip."). … Wood are clearly joint inventors of the '899 Patent.

Tinius v. Choi

District Court, District of Columbia · Mar 28, 2022

Determining whether an official is afforded qualified immunity is a two-step inquiry. … And even if there is a constitutional intrusion, officers may still be entitled to qualified immunity under the same standard outlined above.

Blackmon-Malloy v. United States Capitol Police Board

338 F. Supp. 2d 97 · District Court, District of Columbia · Sep 30, 2004

Moreover, “[a] statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text; the ‘unequivocal expression’ of elimination of sovereign immunity that [the Supreme Court] insist[s] … Instead, the waiver of sovereign immunity has been clearly articulated only as it applies to individual claimants. 2 U.S.C. § 1361 (e)(“Only a covered employee who has undertaken and completed the procedures described in

Al-Wrafie v. Obama

District Court, District of Columbia · Oct 24, 2011

He argues that his detention is unlawful if he qualifies as non-detainable medical personnel under Article 24 or Army Regulation 190-8. … The Convention requires proper identification precisely because Article 24 affords total immunity to qualifYing personnel.

Williams v. Johnson

597 F. Supp. 2d 107 · District Court, District of Columbia · Feb 18, 2009

A legislature’s efforts to acquire information during formal committee investigations or through the issuance of subpoenas thus clearly constitute “legislative acts” covered by the Speech or Debate Clause. 421 U.S. at 504 … First, Plaintiff argues that the Court should find that the District’s Speech or Debate statute provides only qualified, not absolute, immunity, and that the Court should therefore balance Plaintiffs need for the evidence

Osseiran v. International Finance Corp.

498 F. Supp. 2d 139 · District Court, District of Columbia · Jul 27, 2007

Because he has established subject matter jurisdiction, his request will be denied as moot. … CONCLUSION AND ORDER Osseiran has demonstrated that IFC waived its immunity for this action under IOIA and its Articles of Agreement, thus establishing subject matter jurisdiction.

Maynard v. Architect of the Capitol

District Court, District of Columbia · Jun 14, 2021

However, the Supreme Court has clearly held that “[a] waiver of the [f]ederal [g]overnment’s sovereign immunity must be unequivocally expressed in statutory text[.]” Lane, 518 U.S. at 192 (emphasis added). … . § 1831(c)(1), which directs the defendant to establish its pay policy, also does not waive sovereign immunity over claims regarding environmental hazard pay.

Cherokee Nation of Oklahoma v. Babbitt

944 F. Supp. 974 · District Court, District of Columbia · Oct 30, 1996

Although the contours of the Delaware’s status as a “tribe” were not addressed in Weeks , the Court clearly acknowledged that the Delaware Tribe was a distinct Indian tribe. 2. … An Indian group’s status as a tribe and the sovereign authority it possesses as such are inextricably linked and cannot be pulled apart unless done clearly by treaty or statute.

Manoharan v. Rajapaksa

845 F. Supp. 2d 260 · District Court, District of Columbia · Feb 29, 2012

“Thus, where a common-law principle is well established . . . … It is undisputed that head of state immunity is a well established common law principle, see Pls.’

Flythe v. District of Columbia

District Court, District of Columbia · Aug 26, 2016

As a result, the circuit determined that the resolution of qualified immunity—and thus summary judgment— turned on whether Mr. … not the officer’s conduct clearly violated established law.’”

Harbury v. Hayden

444 F. Supp. 2d 19 · District Court, District of Columbia · Aug 1, 2006

Like the defenses of absolute and qualified immunity available to employees under a Bivens action, the Westfall Act confers essentially “an immunity from suit rather than a mere defense to liability” that, like the Bivens-related … the CIA and other Executive Branch agencies or clearly incidental to such authorization.

Blais v. Islamic Republic of Iran

459 F. Supp. 2d 40 · District Court, District of Columbia · Sep 29, 2006

He has been qualified as an expert witness in numerous other cases involving Iranian sponsorship of terrorism. Ex. 1 at 3. He was qualified as an expert witness on terrorism in this case. Tr. 8. 24. Dr. … Blais has clearly suffered damage as a result of the conspiracy. Accordingly, the elements of civil conspiracy are established between Saudi Hezbollah and the defendants Iran, MOIS and the IRGC. 2.

Sibley v. MacAluso

955 F. Supp. 2d 57 · District Court, District of Columbia · Jul 26, 2013

“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction . . . .” Pierson v. … Moreover, the qualified right to inspect certain court proceedings derives from a broader “general right to inspect and copy public records and documents,” which would not include a judge’s personal trial calendar.

Cytologic, Inc. v. Biopheresis Gmbh

682 F. Supp. 2d 1 · District Court, District of Columbia · Jan 15, 2010

The Cytologic Patent is directed to a method for enhancing an immune response by selectively removing immune system inhibitors present in the blood. See Cytologic Patent at cols. 11-4. … “In order for an issue to be raised adequately in an interference proceeding so that it qualifies for evidentiary review in a section 146 proceeding, more is *20 required than passing reference to the subject during the course

Peterson v. Islamic Republic of Iran

264 F. Supp. 2d 46 · District Court, District of Columbia · May 30, 2003

This Court finds these facts to be established by clear and convincing evidence. A. … Therefore, the Court concludes that the military service members at issue in these cases qualify for recovery. 10.

Jsc Dtek Krymenergo v. Russian Federation

District Court, District of Columbia · Apr 17, 2025

The FSIA “establishes a default rule of foreign sovereign immunity,” id., thereby depriving courts of subject matter jurisdiction in “every action against a foreign sovereign” unless one of the FSIA’s textually enumerated … “exceptions to foreign sovereign immunity” applies.

United States v. Esquivel

755 F. Supp. 434 · District Court, District of Columbia · Sep 5, 1990

That defendant received a blasting cap from Barral near the date of the crime is clearly material. No other evidence is available to establish the point. … Clearly, the reliability of testimony is significantly enhanced where cross-examined — in this Court’s view, enough so to overcome any doubts due to the presence of informal immunity.

Rimkus v. Islamic Republic of Iran

District Court, District of Columbia · Nov 16, 2010

Here, plaintiff’s Complaint does not clearly articulate a particular theory of recovery, but rather alleges facts necessary to establish the five basic elements of a cause of action under § 1605A. … immunity.

Roeder v. Islamic Republic of Iran

District Court, District of Columbia · Sep 30, 2010

Accordingly, plaintiffs possess a private right of action under § 1605A(c) if and only if Roeder I qualifies as a “related action” under § 1083(c)(3). … Plaintiffs argue that Roeder I unambiguously qualifies as a related action under § 1083(c)(3).

Board of Governors of the Federal Reserve System v. Smith

District Court, District of Columbia · May 30, 2024

Under the Plan, “the Board provides employees with financial assistance to enroll in qualifying courses.” Id. … To establish breach of contract under federal common law, “a party must allege and establish: (1) a valid contract between the parties; (2) an obligation or duty arising out of the contract; (3) a breach of that duty; and