115 results for 'nos:"Constitutionality of State Statutes - Other Suits"'.
J. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
J. Coggins partially grants the law enforcement agency's motion for summary judgment in the drivers' suit arguing that traffic citations issued to them improperly deprived them of their right to trial by jury. The drivers have not established that the citation system deprives them of that right, since the printed language of the citations unambiguously informs the recipients that they are entitled to a jury trial regardless of any statements by officials. The constitutional claim is therefore dismissed, and a remaining claim for unjust enrichment is remanded to a state court.
Court: USDC South Carolina Aiken, Judge: Coggins, Filed On: February 22, 2024, Case #: 7:21cv2799, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Vehicle
J. Sinatra declines to impose a preliminary injunction against the state in claims contending 2020 amendments to state labor laws violate the U.S. Constitution by requiring farms to enter arbitration and compulsory "contracts" with unions short of reaching an agreement after 70 days of collective bargaining. Courts have upheld similar compulsory arbitration provisions in state statutes that apply to the private sector, but free speech claims regarding the enforcement of state labor laws may be in the public interest.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 21, 2024, Case #: 1:23cv1044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Contract, Labor
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Tort
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J. Marbley grants the internet trade association's motion for a preliminary injunction, ruling it is likely to succeed on the merits of its First Amendment claims against the state of Ohio regarding enforcement of its law to prohibit minors under the age of 16 from registering social media accounts without parental consent. It is a content-based restriction of speech that infringes on minors' free speech rights in an extremely broad fashion. Although protecting children from harmful content and reducing the likelihood of mental health issues are compelling interests, the social media ban is "a breathtakingly blunt instrument" to accomplish such goals and is also likely void for vagueness under the Fourteenth Amendment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 12, 2024, Case #: 2:24cv47, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, First Amendment, Injunction
J. Young denies Massachusetts agricultural regulators’ motion for summary judgment against the pork producers suing them over legislation intended to improve animal welfare. One provision, which creates an exception for sales made at slaughterhouses within Massachusetts, violates the dormant commerce clause because it would disallow federally inspected facilities outside the commonwealth from shipping their pork to Massachusetts customers, who could buy noncompliant pork on the premises of in-state slaughterhouses.
Court: USDC Massachusetts, Judge: Young, Filed On: February 5, 2024, Case #: 1:23cv11671, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Consumer Law, Animal Cruelty
J. Brimmer denies the Colorado Republican Party an injunction in claims challenging the constitutionality of Proposition 108, which allows
voters not affiliated with a political party to vote in nonpresidential primary elections, because the party failed to demonstrate the proposition imposes a severe burden on all political parties or that a party’s nominee would be “determined by adherents of an opposing party.”
Court: USDC Colorado, Judge: Brimmer, Filed On: February 2, 2024, Case #: 1:23cv1948, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections
J. Pitman dismisses most claims brought by a Texas bank against state officials after a leasing agreement between the bank and the Texas Permanent School Fund Corporation fell apart. The parties agreed that the state corporation would lease space from the bank, but after the bank made improvements and modifications per the leasing agreement, an appropriations bill passed during the 2023 Texas legislative session barred the corporation from fulfilling the lease. Because Texas “has passed legislation that unilaterally and completely reneges on its own agency’s obligations under the lease agreement,” the bank may bring contract clause claims against the state comptroller, but its claims against other state officials fail on immunity grounds.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 2, 2024, Case #: 1:23cv691, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Contract
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, Attorney Fees
J. Sannes tosses a constitutional challenge against two provisions under New York’s public health law, the spending mandate and the excess-revenue cap, which set requirements on how state nursing homes can spend their operating revenue. The complaint, filed by a group comprising 250 nursing home operators and three trade associations, argues the provisions constitute an illegal taking and violate a range of constitutional statutes. However, the nursing homes have not yet been fined by the department, nor sought a waiver from the requirements. Their illegal taking claims are not ripe, and they fail to allege the regulations are preempted by federal law or violate their due process rights or the Eighth Amendment’s excessive fines clause.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 9, 2024, Case #: 1:21cv1384, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Health Care
J. Dever denies an investment firm’s motion to remand this suit to a lower court in its attempt to prevent Wells Fargo and a trustee corporation from foreclosing a second time on a property the firm had purchased. The firm was unaware of a lien from 2006 owned by Wells Fargo when it bought the property and requested purchase of a note that would resolve the lien. Wells Fargo responded by initiating a second foreclosure sale, to which the firm responded by suing the bank. Wells Fargo correctly argues that the suit cannot be remanded because the trustee corporation is located in Florida and, therefore, diversity jurisdiction exists.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 5, 2024, Case #: 7:23cv1232, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Property, Jurisdiction
J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Landlord Tenant, Jurisdiction
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Jurisdiction
J. Gleason denies an association of hemp companies' renewal motion for a temporary restraining order in a dispute over the state's regulation of industrial hemp products intended for human or animal consumption. "The amendment effectively prohibits the in-state sale of hemp products intended for human or animal consumption that contain any delta-9-THC or other non-naturally occurring cannabinoid." The association has not shown a likelihood to succeed on the merits of their claims, including that the State’s amended regulations constitute an unconstitutional regulatory taking.
Court: USDC Alaska, Judge: Gleason, Filed On: December 27, 2023, Case #: 3:23cv253, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Trade
J. Pitman denies motions to dismiss by both citizen defendants and "prosecutor defendants" after they were sued by abortion groups who wish to continue funding services like out-of-state travel and lodging for Texans seeking abortions but have been unable to do so due to the Dobbs decision and SB 8, a Texas law that allows people to sue a person who "aids and abets" an abortion. The groups have shown that they have suffered an injury traceable to prosecutor defendants, that SB 8 defendants were properly joined in this case, and that the WDTX is a proper venue for this case.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: December 21, 2023, Case #: 1:22cv859, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Lasnik grants the mortgage lender's motion for rule 11 sanctions against Scott Stafne, attorney for the lendee, arguing that the lendee's claims were all frivolous and that his challenges to the 2021 non-judicial foreclosure sale and subsequent surplus funds proceeding were improperly asserted. Stafne made no attempt to prove his client's claims despite refusing to withdraw the challenged pleading or otherwise attempted to justify their failures by raising meritless challenges to the tribunal. Stafne is liable for $15,300 in attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 7, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Fraud, Sanctions, Attorney Fees
J. Bolden grants the state government officials' motion to dismiss, ruling the vaccination requirement for all preschool and kindergarten children is facially neutral and does not violate the religious school's First Amendment or Free Exercise rights, while the state's interest in preventing the spread of disease and ensuring the health of all students is compelling.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 1, 2023, Case #: 3:23cv304, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Education, First Amendment
J. Jackson denies a preliminary injunction to a group of street vendors who challenge the district's "Clean Hands Law," which does not allow a vendor to get a license or permit if the vendor owes $100 in past due taxes, fines, penalties or interest. The vendors cannot show irreparable harm, as they can seek financial relief via a related amnesty program.
Court: USDC District of Columbia, Judge: Jackson, Filed On: December 1, 2023, Case #: 1:23cv1785, NOS: Constitutionality of State Statutes - Other Suits, Categories: Licensing, Injunction
J. Settle dismisses the security company's lawsuit alleging that the state passed EHB 1090, an allegedly unconstitutional bill that generally prohibits the operation of a private detention facility. Among other factors, the security company's concern that EHB 1090 would allow the state to prevent it from operating a facility under a contract with the U.S. Marshals Service is unfounded, because the security company does not seek this relief in its complaint and EHB 1090 authorizes the U.S. Marshals Service to contract with private detention entities.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 16, 2023, Case #: 3:21cv5313, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Immigration
J. Baker recommends granting, in part, a professor’s motion for a preliminary injunction in his case challenging “diversity, equity and inclusion” rules he claims violate his First Amendment rights. He has shown a likelihood of success on the merits and that he will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: Baker, Filed On: November 14, 2023, Case #: 1:23cv848, NOS: Constitutionality of State Statutes - Other Suits, Categories: Education, First Amendment, Injunction
J. Lasnik grants the mortgage lender's motion for attorney fees and sanctions against the homeowner and his counsel, who brought a lawsuit alleging that the mortgage lender and others wrongfully conducted a 2021 non-judicial foreclosure sale and used the subsequent surplus funds for improper purposes. Because the homeowner and his counsel did not show that something went wrong during the foreclosure that would make judicial remedies available and made no attempt to prove the homeowner's claims, they are jointly and severally liable for $15,300 in reasonable attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 8, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Sanctions, Foreclosure, Attorney Fees
Per curiam, the USDC of Western North Dakota denies voters' motion for summary judgment and oral argument in a matter in which they allege the subdivision of two North Dakota legislative districts are unconstitutional racial gerrymanders. The two voters are North Dakota residents and voters in districts 4 and 9. The two voters claim that the subdistricts drawn in districts 4 and 9 as a part of the state’s 2021 redistricting plan violate the Equal Protection Clause of the Fourteenth Amendment. The state had strong evidence to believe that the creation of subdistricts were required by the Voting Rights Act of 1965.
Court: USDC North Dakota , Judge: Per curiam, Filed On: November 2, 2023, Case #: 1:22cv31, NOS: Constitutionality of State Statutes - Other Suits, Categories: Elections, Native Americans