14 results for 'cat:"Administrative Law" AND cat:"Military"'.
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J. Leinenweber partially grants an Illinois city’s motion for summary judgment on one of its police officer’s claims that it violated police and military employment laws. The city made the cop take accrued vacation time for a paid leave of absence to serve full time in the National Guard, which he claims was a violation of those laws. The court finds factual disputes make summary judgment inappropriate as to the city’s alleged violation of the Uniformed Service Members Employment and Reemployment Act, but as the cop was still paid by the city while serving as a guardsman, the court also concludes it did not violate the Illinois Military Leave of Absence Act.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 29, 2023, Case #: 1:17cv7938, NOS: Employment - Civil Rights, Categories: administrative Law, Municipal Law, military
J. Srinivasan vacates the district court's finding for the Secretary of the Army on a veteran's challenge to the Army's assignment of a 20 percent, rather than 30 percent, disability rating following back and leg injuries he suffered in a car accident while on deployment. The secretary improperly adopted the Physical Disability Board of Review's conclusion, which did not assign a rating to the veteran's leg condition, despite the board's finding the condition contributed to his unfitness. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 22-5045 , Categories: administrative Law, military
J. Wright denies an individual's motion for summary judgment and affirms the decision of the Army Board for Correction of Military Records regarding the individual who is "seeking an upgrade of his discharge characterization" and review of Army Board findings. The individual was discharged from the Army for "fraudulent entry" for failing to disclose that he had been investigated for marriage fraud to obtain a visa. The Correction Board did not err in refusing to amend the reasons for the individual's discharge or for refusing to upgrade his character of service to "honorable."
Court: USDC Central District of California, Judge: Wright, Filed On: July 20, 2023, Case #: 2:22cv1905, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, military
J. Bennett grants the U.S. Naval Department’s secretary and vice admiral their motion to dismiss with prejudice a suit against them by a sailor whom they kicked out of a Naval Academy preparatory program for bringing alcohol to his dorm and sharing it with other students, one of whom became ill. The department moves to dismiss for a lack of standing, which is warranted here, and the suit cannot proceed anyway because the Navy’s decision to kick the soldier out is nonjusticiable.
Court: USDC Maryland, Judge: Bennett, Filed On: June 21, 2023, Case #: 1:22cv2299, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Government, military
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, military, Injunction