2 U.S.C. § 1404
Repealed. Pub. L. 115–397, title I, § 101(c)(1), Dec. 21, 2018, 132 Stat. 5301
[repealed]
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1997–2021 · leading case: Halcomb v. Off. of the Senate Sergeant-At-Arms, 563 F. Supp. 2d 228 (D.D.C. 2008).
Halcomb v. Off. of the Senate Sergeant-At-Arms, 563 F. Supp. 2d 228 (D.D.C. 2008). “2 U.S.C. § 1404 . And, Ms. Halcomb chose this forum rather than the administrative process to pursue her discrimination claim.”
Brady v. Livingood, 360 F. Supp. 2d 94 (D.D.C. 2004). “2 U.S.C. §§ 1404 , 1408. The covered employee must commence an action under the CAA by requesting counseling not later than 180 days after the alleged discriminatory action, 2 U.”
Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012). “See 2 U.S.C. §§ 1404 , 1407–09. Although Congress restricted some employment claims from judicial review, it only did so for claims arising under the Accountability Act, which Davis’s First Amendment 7 Some House Members would have allowed personal liability suits against…”
Halcomb v. Off. of the Senate Sergeant-At-Arms of the United States Senate, 209 F. Supp. 2d 175 (D.D.C. 2002). “2 U.S.C. § 1404 . 1 In reviewing a motion to dismiss based upon lack of subject matter jurisdiction under Rule 12(b)(1), the court must accept the complaint’s factual allegations as true and draw all reasonable inferences in favor of the plaintiff.”
Blackmon-Malloy v. United States Capitol Police Bd., 575 F.3d 699 (D.C. Cir. 2009). “Even so, the timetable under the CAA means, in general, that completion of the counseling and mediation will take more than three months before an employee will be in a position to elect further remedies under 2 U.S.C. § 1404 : 30 days for counseling + "5 days for receipt of…”
Howard v. Off. of the Chief Admin. Officer of the United States House of Representatives, 720 F.3d 939 (D.C. Cir. 2013). “Difficulty arises in those circumstances because the Speech or Debate Clause, as construed by the Supreme Court, establishes a privilege that as relevant here (i) prevents use of evidence of legislative activities against Members and (ii) protects Members from being forced to 1…”
Ross v. United States Capitol Police, 195 F. Supp. 3d 180 (D.D.C. 2016). “Beginning with the administrative-leave claim, there is no doubt that Ross completed counseling and mediation over his grievance regarding administrative leave and filed a complaint in this Court within 90 days of the close of mediation on the matter, as the statute requires,…”
Singh v. United States House of Representatives, Comm. on Ways & Means, 300 F. Supp. 2d 48 (D.D.C. 2004). “Section 1404, 2 U.S.C. § 1404 , states: *53 Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either — (1) file a complaint with the…”
Reynolds v. U.S. Capitol Police Bd., 357 F. Supp. 2d 2 (D.D.C. 2004). “2 U.S.C. §§ 1404 ,1408. The covered employee must commence an action under the CAA by requesting counseling not later than 180 days after the alleged discriminatory action, 2 U.”
Banks v. Off. of Senate Sergeant-At-Arms, 222 F.R.D. 7 (D.D.C. 2004). “2 U.S.C.A. § 1404 (1997). If the employee chooses the administrative remedy, a hearing officer resolves the case and either party may appeal that officer’s decision to the Board of Directors of the Office of Compliance.”
Brady v. Livingood, 456 F. Supp. 2d 1 (D.D.C. 2006). “2 U.S.C. §§ 1404 , 1408. The covered employee must commence an action under the CAA by requesting counseling not later than 180 days after the alleged discriminatory action, 2 U.”
Waters v. United States Capitol Police Bd., 216 F.R.D. 153 (D.D.C. 2003). “2 U.S.C.A. § 1404 (1997). If the employee chooses the administrative remedy, a hearing officer resolves the case and either party may appeal that officer’s decision to the Board of Directors of the Office of Compliance.”
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