1,078 results for 'cat:"Government"'.
J. Doyle denies, in part a resident’s motion to dismiss this case stemming from the town’s suspension of water service for over three days. The resident alleges that he was deprived the right of water by the town, its town manager and six selectboard members without due process of law and that his 14th Amendment rights were violated. He also claims the town failed to comply with the Vermont’s Uniform Water and Sewer Disconnect law, causing him intentional and negligent infliction of emotional distress. He failed to include allegations against three of the board members, so the yare dismissed for failure to state a claim; his deprivation of a federal right claim is dismissed as to one board member for not alleging their personal involvement. The resident’s due process and equal protection claims survive the motion, and he may elect to file an amended complaint.
Court: USDC Vermont, Judge: Doyle, Filed On: May 20, 2024, Case #: 2:22cv124, NOS: Other Civil Rights - Civil Rights, Categories: government, Water, Due Process
J. Kobayashi declines to remand back to state court a home renter class action against a leasing company that managed housing on behalf of the Navy that the renters say effectively evicted them by allowing them to use water contaminated by jet fuel from the Navy’s Red Hill storage facility without warning. Diversity jurisdiction exists because, in addition to the leasing company being considered a federal officer due to the link to the Navy, the class members are presumed to be domiciled outside of Delaware and New York where the company is a citizen.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 20, 2024, Case #: 1:24cv6, NOS: Other Contract - Contract, Categories: government, Water, Jurisdiction
J. Kobayashi declines to remand back to state court home renters’ class action against a leasing company that managed housing on behalf of the Navy that the renters say effectively evicted them by allowing them to use water contaminated by jet fuel from the Navy’s Red Hill storage facility without warning. Diversity jurisdiction exists because, in addition to the leasing company being considered a federal officer due to the link to the Navy, the class members are presumed to be domiciled outside of Delaware and New York where the company is a citizen.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 20, 2024, Case #: 1:24cv1, NOS: Other Contract - Contract, Categories: government, Water, Jurisdiction
J. Furman grants the gun manufacturers' motion for certification of an interlocutory appeal, focusing on the court's ruling rejecting their arguments about the meaning of the term "firearm" under federal law. This civil enforcement action targets nine companies that sell unfinished frames and receivers, also known as "ghost guns," that can be easily modified to convert into functional firearms. The court agreed with the state that these products qualify as "firearms" for regulatory purposes.
Court: USDC Southern District of New York, Judge: Furman, Filed On: May 20, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, Constitution, government
J. Boasberg grants summary judgment to the clergyman on the one remaining claim in his suit challenging limitations on demonstrations on the grounds of the U.S. Capitol. His proposed activities, protests on and around the steps on the eastern side of the Capitol building and the paved areas surrounding them, are protected speech under the First Amendment, and the proposed location and involvement of members of Congress do not render them "government speech." Furthermore, that classification would not exempt restrictions on that speech from First Amendment scrutiny. The steps, or at least the lower portion of those steps, have historically been and remain a public forum. Finally, the ban on speech on the steps is both over-inclusive, in that it includes activities that could not reasonably be considered to interfere with the security of the Capitol, and under-inclusive, in that they allow members of Congress to "invite an untold number of private individuals to join in expressive activities without undergoing any security vetting." They also provide no less-restrictive alternatives. A permanent injunction barring enforcement of these restrictions is entered.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: May 17, 2024, Case #: 1:21cv2314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, First Amendment
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J. Busby finds that the court of appeals improperly ruled against the Texas Department of Transportation in a negligence case filed by a property owner whose trees were cut down by a subcontractor who was tasked with clearing a right-of-way easement. Because the property owner failed to show that the subcontractor was in the department's "paid service," its governmental immunity had not been waived and the lower court should have dismissed the case accordingly. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 17, 2024, Case #: 22-0585, Categories: government, Immunity, Negligence
J. Garcia reverses the district court's finding for two government agencies on a group's challenge to their refusal to release certain documents related to Republicans' attempt to repeal the Affordable Care Act in 2017. The agencies fail to show exemption 5, which protects intra-agency memos, applies to the information at issue. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 17, 2024, Case #: 22-5281 , Categories: government, Health Care, Public Record
J. Mathis finds the district court properly dismissed a policy organization’s challenge to the constitutionality of the federal student loan forgiveness program. The organization lacked standing because it could not show it suffered an injury. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: May 17, 2024, Case #: 23-1736, Categories: Constitution, Education, government
J. Mendheim finds the circuit court improperly denied a city’s motion to enforce consent decrees against an advertising company that failed to remove its billboard for violating zoning rules. The company failed to give a legitimate basis to not enforce the terms of the consent decrees. Reversed.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: May 17, 2024, Case #: SC-2023-0657, Categories: Communications, government, Zoning
J. Ellison finds that a corporation that seeks a review of a hearing in which its license to sell, manufacture or import firearms was revoked, is not entitled to a preliminary injunction of the license revocation. The Bureau of Alcohol Tobacco and Firearms presented a history of willful violations indicating that the corporation is unlikely to prevail in the case. The corporation’s motion for a preliminary injunction is denied.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 17, 2024, Case #: 4:23cv3887, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, government, Licensing
J. Sellers finds the trial court properly appointed a receiver to handle bonds given to a city’s sewer system after a bank filed a breach of contract suit against the sewer board claiming it improperly used the funds and suffered from “gross mismanagement." The bank had a "clear legal right to the appointment of a receiver under Alabama law." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 17, 2024, Case #: SC-2023-0881, Categories: Construction, government, Banking / Lending
J. Roumel grants the Electrical Welfare Trust Fund’s motion for final approval of settlement and plan for allocating net settlement fund to exaction class members in this dispute relating to payments it was required to make into the Patient Protection and Affordable Care Act of 2010 Transitional Reinsurance Program for the 2014 plan year.
Court: Court of Federal Claims, Judge: Roumel, Filed On: May 16, 2024, Case #: 19-cv-353, Categories: government, Settlements, Class Action
J. Garrett finds the ballot title prepared for Legislative Referral 403 (2024) (LR 403), which would amend ORS chapter 254 to require “ranked choice voting,” is inaccurate. The ballot title caption for a referred state measure must identify the subject matter of the measure. Referred to the Attorney General for modification.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 16, 2024, Case #: S070879, Categories: Elections, government
J. Stoll finds that the lower court properly dismissed Texas residents’ claims brought after the state ceased to pay pandemic unemployment assistance benefits for which they had previously been eligible. The assistance program does not require the Secretary of Labor to pay the benefits to individual citizens. Affirmed.
Court: Federal Circuit, Judge: Stoll, Filed On: May 16, 2024, Case #: 2023-1163, Categories: government
J. Reyna finds that the lower court improperly upheld the U.S. Department of Commerce’s remand determination as to the scope of an antidumping duty order relating to steel pipes imported from Thailand. A ruling that imports of dual-stenciled pipes fall within the scope of the Thailand order is “reasonable and supported by substantial evidence.” Reversed.
Court: Federal Circuit, Judge: Reyna, Filed On: May 15, 2024, Case #: 2022-2181, Categories: government
J. Kobayashi dismisses an environmental nonprofit’s challenge to the Navy over the contamination of Hawaii waters by its Red Hill fuel storage facility. The facility is in the process of being decommissioned and defueled, so this case may conflict with already existing administrative state and federal processes. However, the nonprofit may amend the complaint to specify their environmental claims for elements such as remediation that are not covered in the administrative processes. Elements that are covered will be stayed pending progression of the defueling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 14, 2024, Case #: 1:22cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, government, Jurisdiction
J. Vigil finds the energy regulation commission erroneously determined the New Mexico Efficient Use of Energy Act requires a partial revenue decoupling mechanism for energy providers. Only a full decoupling mechanism will allow providers to recoup losses and maintain a budget to provide service to ratepayers in the wake of renewable energy sources that drastically reduce usage. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 13, 2024, Case #: S-1-SC-39406, Categories: Energy, government
J. Oliver grants the federal government's motion for summary judgment, ruling the transaction history of the convenient store, including large, successive purchases made by a single household, is sufficient to support the government's conclusion of SNAP benefit trafficking, while the permanent ban sanction was not unreasonable because the store submitted no contrary evidence.
Court: USDC Connecticut, Judge: Oliver, Filed On: May 13, 2024, Case #: 3:21cv823, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, government, Sanctions
J. Pitman denies property owners’ motion for a preliminary injunction barring enforcement of a short-term rental ordinance in Volente, Texas. The owners raised a variety of complaints with the ordinance, such as arguing that rules prohibiting outside activities past 10 p.m. violated freedom of assembly rights. The ordinance “abides by a well-trodden principle in property law: that ‘all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community.’”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 13, 2024, Case #: 1:23cv1246, NOS: Constitutionality of State Statutes - Other Suits, Categories: government, Property
J. DuBose denies a group of residents’ motion for a preliminary injunction in the civil rights lawsuit against the town council members. The residents allege the town has been operating a “hand-me-down governance” system at least since the mid-1960s, where no regular municipal election for the mayor or council have been held. The council members held a secret meeting where they reappointed themselves in order to prevent the residents from electing a majority Black council. The residents are likely to succeed on the merits of their constitutional claim, which would satisfy the first prerequisite for the preliminary injunctive relief, but at this point of proceedings they have failed to show they will suffer an irreparable harm. The court scheduled a bench trial to further address the case.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: May 10, 2024, Case #: 2:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, government
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau’s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas’ Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau’s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, government, Consumer Law
J. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: government, Immunity, Wrongful Death
J. Moore affirms the court of appeals' findings that the Emergency Management Act does not unconstitutionally delegate legislative authority to the Governor and that the Governor did not exceed his authority in declaring a peacetime emergency during the Covid-19 pandemic. The Act is not an
unconstitutional delegation of legislative authority. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 10, 2024, Case #: A21-0626, Categories: Constitution, government
J. Andrews finds a lower court properly dismissed a local resident's objections to a proposed development. The local resident argued that the housing and community authority forged development plans for a crematorium and ceremony hall in a Green Belt, which violates the Town and Country Planning Act of 1990 based on its location in a flood risk zone. However, the planning committee sufficiently showed court that it followed a site- specific flood risk assessment drawn up by a structural engineer company, which determined that the land is not a flood risk.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: May 10, 2024, Case #: CA-2023-388, Categories: Construction, Environment, government
Per curiam, the Vermont Supreme Court finds the trial court erred in granting summary judgment to the state based on the 1812 survey in this appeal brought by a group of citizens involving a dispute concerning the width of a portion of U.S. Route 2 in Richmond, Vermont. The court relied on a survey conducted by the state transportation agency indicating the right of way was four rods wide, the citizens challenge the reliability of that survey and clerical errors. Therefore, the trial court must resolve the question if one of the citizens were properly provided notice for the agency’s motion for summary judgment and correct a typographical clerical error in the decision. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-249, Categories: government, Transportation
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: Employment, government, Due Process
J. Kitchens finds the 2001 public dedication of the subdivision's road as public roadways, as well as the county's refusal to levy taxes on the property and their continued use by members of the general public, renders the roads public and requires the county to pave and maintain them. Although the roads were not officially added to the registry, the minutes of the 2001 council meeting are an official document that effectuated transfer of the roadways to the care of the county. Affirmed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2022-CA-1227, Categories: government, Property, Transportation
J. Wooton reverses the lower court's order partially granting motions of two municipal police departments, their respective police chiefs and two officers to dismiss a motorist's amended complaint alleging the officers wrongfully arrested him for disorderly conduct, and later DUI, after he made remarks on how their vehicles were parked at an apartment complex while responding to a call for a vehicle break-in. The judge committed plain error by basing her immunity decisions on common law qualified immunity principles applicable only to the state of West Virginia or its employees and agents and not on the West Virginia Tort Claims Act applicable to political subdivisions and their employees. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: May 9, 2024, Case #: 22-428, Categories: government, Immunity, Police Misconduct
J. Harpool finds for the nonprofit in a suit challenging Missouri's administration of the Supplemental Nutrition Assistance Program, which has understaffed the program's call center leading to unacceptable wait times and thousands of calls that cannot be completed. In 2023, almost 60,000 applications were denied for failure to complete an interview. These denials were not based on the merits of the applications but the failure of the system to offer a reasonable opportunity to interview. The agency must file a report within 30 days detailing the changes it will make to SNAP benefits reasonably accessible, as well as file monthly reports on the number of applications denied due to the failure to conduct timely interviews.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: May 9, 2024, Case #: 2:22cv4026, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, government, Agency