46 results for 'cat:"Government" AND cat:"Jurisdiction"'.
Per curiam, the court of appeals dismisses a veteran's pro se petition seeking an order requiring the VA to show cause as to why its precluding self-represented claimants from remote access to the benefits management system is not invalid. Though accessing the system in person or through a CD mailed to him is difficult and time-consuming, the court does not have jurisdiction to issue such an order.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-2587, Categories: government, Veterans, jurisdiction
J. Reiber finds that the environmental court improperly denied the town’s request for reconsideration in this interlocutory appeal. The town argues the tolling provisions do not apply in municipal panel appeals and the request was not filed with the court making it not formal. The appeals court is unpersuaded tolling under judicial economy is required. Accordingly, the claims are remanded for lack of jurisdiction and the environmental court was untimely. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 12, 2024, Case #: 23-AP-247, Categories: Environment, government, jurisdiction
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: government, jurisdiction, Contract
J. Smith finds that the trial court properly issued an injunction stalling an investigation that the Texas Department of Family and Protective Services is pursuing against a family based on gender-affirming care. However, the lower court improperly ruled against Gov. Abbott, as the family does not have standing to sue him. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 29, 2024, Case #: 03-22-00126-CV, Categories: government, jurisdiction, Lgbtq
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[Consolidated.] J. Triana finds that the trial court properly issued a temporary injunction in favor of the parents of a transgender child against the Texas Department of Family and Protective Services. The parents sued the department to block it from conducting a child abuse investigation into their decision to provide gender-affirming care to their child. Governmental immunity does not bar the parents' suit. "The families or transgender children have the fundamental right to direct their children's medical care without fear that they will be investigated." Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: March 29, 2024, Case #: 03-22-00420-CV, Categories: government, jurisdiction, Lgbtq
J. Kennedy finds that discretionary immunity is a jurisdictional bar, not an affirmative defense, to claims brought against the state, including the one filed against Ohio State University by students who lost certain fees when in-person learning was suspended during the Covid-19 pandemic. Therefore, the case must be remanded to the appeals court to determine whether the university is immune from suit for its actions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 6, 2024, Case #: 2024-Ohio-764, Categories: government, Immunity, jurisdiction
J. Urias denies the doctor's motion to dismiss for lack of jurisdiction, ruling that because she owns property and registered her medical license in Maryland, diversity requirements are met and this court has jurisdiction over the estate's medical malpractice claims. Meanwhile, the federal government's motion to dismiss will also be denied to allow for limited discovery on the issue of whether the doctor was an independent contractor that would render her an employee of the U.S.
Court: USDC New Mexico, Judge: Urias, Filed On: March 6, 2024, Case #: 1:22cv188, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: government, jurisdiction, Medical Malpractice
J. Soto finds a lower court erred in denying Texas Tech’s plea to the jurisdiction and motion for summary judgment after it was sued by a former patient for health care liability claims. The patient filed suit after the statute of limitations had expired, and while he argues it should be extended or tolled due to the Covid pandemic, these limitations are a hard “jurisdictional deadline” when bringing cases against a governmental entity, and the patient has therefore “failed to satisfy a jurisdictional statutory prerequisite” to bringing a case. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 27, 2024, Case #: 08-23-00170-CV, Categories: government, Health Care, jurisdiction
J. Todd finds that the lower court improperly dismissed a petition filed by a Philadelphia-area congregation of Jehovah’s Witnesses who asked whether its leading elders are required to report suspected child sexual abuse under the Child Protective Service Law. Dismissing the petition and its motion for summary relief violated the coordinate jurisdiction rule. Vacated.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: February 13, 2024, Case #: J-47-2023, Categories: Civil Procedure, government, jurisdiction
J. Kennelly grants the government’s motion to dismiss a business services company’s complaint to recover overpaid income taxes. The company claims that, due to an accounting error it discovered in 2019, it overpaid its 2015 income tax by over $1.1 million. After several years of unsuccessfully trying to file amended tax returns with the IRS, it sued the government in March 2023. The court, however, finds it lacks jurisdiction over the suit.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 7, 2024, Case #: 1:23cv1482, NOS: Insurance - Contract, Categories: government, Tax, jurisdiction
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: government, Tort, jurisdiction
J. Theofanis finds that the trial court properly declined to issue a ruling in favor of Texas Attorney Ken Paxton and Gov. Greg Abbott in a lawsuit seeking to force the two politicians to release years of their communications, including emails regarding the Jan. 6 attack on the U.S. Capitol. The trial court has jurisdiction to issue writs of mandamus against Paxton and Abbott in their official capacities to compel them to produce public information under the Public Information Act.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 17, 2024, Case #: 03-23-00090-CV, Categories: government, Public Record, jurisdiction
J. Theofanis dismisses Williamson County’s lawsuit against Texas Attorney General Ken Paxton attempting to withhold public access to ballots and vote records for 22 months after election day. Paxton ruled that this information must be made available for public inspection during the 22-month preservation period. There is no live controversy between the parties as the information requestors in the underlying Public Information Act case have either received the information they requested or have withdrawn their requests.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 11, 2024, Case #: 03-23-00507-CV, Categories: Elections, government, jurisdiction
J. Boone refuses to dismiss a church’s claims against the U.S. Attorney General and others arising from a raid, arrest and seizures of its holy ayahuasca tea, which contains trace amounts of DMT, citing financial and spiritual losses. The district court has jurisdiction, the church has standing and it has sufficiently pleaded a prima facie case under the Religious Freedom Restoration Act.
Court: USDC Eastern District of California, Judge: Boone, Filed On: January 9, 2024, Case #: 1:23cv545, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, jurisdiction
J. Bell grants a county’s superior court administration its motion to dismiss allegations of a breach of contract brought by a man who claims certain staff members received payment for his purchase of a court transcript but falsified it beforehand. The administration department itself is not an independent legal entity, and it is an agency of the state, which cannot be sued in federal court. Therefore, personal and subject matter jurisdiction are lacking.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 8, 2024, Case #: 3:23cv514, NOS: Other Contract - Contract, Categories: government, jurisdiction, Contract
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. Christopher finds that the trial court improperly dismissed the holding company's Chapter 21 claim against the state in a dispute over the repurchase of property previously taken by the state through eminent domain for a highway project. Chapter 21 allows for a "legislative waiver of immunity" in this case, so the state's plea to the jurisdiction was incorrectly granted. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: December 28, 2023, Case #: 14-22-00559-CV, Categories: government, Property, jurisdiction
J. Palafox dismisses, for want of jurisdiction, an appeal brought by El Paso after the city was sued in a wrongful death case by parents who alleged their son lost control his motorcycle because a city street went “suddenly and without notice” from smooth asphalt to a rough unsurfaced street. Because the parents had nonsuited their tort claim, the controversy was moot at the time of the city’s appeal, and the city has presented no independent claim for relief that would justify overcoming the mootness doctrine.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 28, 2023, Case #: 08-23-00174-CV, Categories: government, jurisdiction, Wrongful Death
J. Flanagan grants the U.S. Attorney General’smotion to dismiss allegations of voter suppression brought by a citizen who claims the attorney’s appointment of Jack Smith as special counsel undermined her right to vote for Donald Trump. The citizen also requests an injunction to stop the attorney from appointing any other special counsel who would prosecute Donald Trump. However, the citizen has failed to draw a connection between the attorney’s appointment and any concrete injury to herself. Also, she cannot sue one party in defense of the legal rights of someone other than herself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 28, 2023, Case #: 5:23cv372, NOS: Voting - Civil Rights, Categories: Elections, government, jurisdiction
J. Berger grants the West Virginia Secretary of State's and the West Virginia Republican Party's motions to dismiss the Texas tax attorney and Republican presidential candidate's challenge to former President Donald J. Trump's placement on the 2024 West Virginia primary ballot. Since "he is not actually campaigning for the Republican nomination for President, he has no concrete and particularized competitive injury based on former President Trump's appearance on the ballot." Thus, the Texas tax attorney lacks standing and the case is dismissed.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:23cv598, NOS: Other Statutory Actions - Other Suits, Categories: Elections, government, jurisdiction
J. Vasquez finds a lower court improperly denied a former Arizona Air National Guard agent's motion for summary judgment concerning claims that he failed to comply with a clearance order. The State argued that the former agent, who was indicted on criminal charges of improperly submitting work related travel expenses, was not entitled to a Freedom of Information Act request concerning his clearance status. However, the former agent sufficiently showed in court that in order to move ahead, both parties have to show whether or not that AZANG is an actual law enforcement agency. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 15, 2023, Case #: 2 CA-SA 2023-69, Categories: Employment, government, jurisdiction
Per curiam, the circuit finds the district court improperly exercised supplemental jurisdiction over a former police chief's state law claim after dismissing his federal retaliation claim. The chief claims the city defunded the police department and eliminated it the same day he reported law violations by the mayor and city council members. Considerations of judicial economy, convenience, fairness and comity support reversal of the court’s decision to exercise supplemental jurisdiction. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-50498, Categories: Civil Procedure, government, jurisdiction
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of Medina County on the district attorney's counterclaims alleging that the county cannot sell certain property without her consent. The district attorney’s counterclaims cite an injury that is traceable to the county, thus giving her standing to sue. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-0751, Categories: government, Property, jurisdiction
J. Baker finds the trial court properly ruled against an electricity generator in its fraud suit against executives at the Electricity Reliability Council of Texas. Based on precedent set by the Texas Supreme Court, the Public Utility Commission has jurisdiction over the generator’s claims, not the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 28, 2023, Case #: 03-18-00695-CV, Categories: Energy, government, jurisdiction
J. Brobson finds that the lower court improperly preliminarily enjoined the Pennsylvania Department of Transportation from proceeding with any action for the debarment of the suing contractor as a prequalified bidder on PennDOT construction contracts based upon criminal charges filed against the contractor. The court failed to exercise equitable jurisdiction to award the contractor preliminary injunctive relief in this matter. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: November 24, 2023, Case #: J-15-2023, Categories: government, jurisdiction, Contract