46 results for 'judge:"Gleason"'.
J. Gleason denies Safeway's motion for summary judgment regarding a slip and fall incident. An individual alleges that he slipped and fell while walking about six feet from a cone in the store, and that the store should have put up more cones to create a wider perimeter that would have prevented him from accessing the entire wet area. The individual's testimony raises a genuine issue of fact regarding the adequacy of Safeway's warning about the wet floor area.
Court: USDC Alaska, Judge: Gleason, Filed On: April 30, 2024, Case #: 4:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Gleason grants the federal government's motion for summary judgment regarding a dispute with the state over the closure of 180 miles of river to non-subsistence uses in order to conserve the fish population for rural residents who would be allowed limited subsistence use of the section. The state authorized gillnet fishing by all state residents on three days. "The State has failed to create a genuine dispute of material fact as to federal preemption." The federal government is entitled to a permanent injunction as it has shown irreparable harm to its ability to enforce rural subsistence priority with the state's conflicting emergency orders.
Court: USDC Alaska, Judge: Gleason, Filed On: March 29, 2024, Case #: 1:22cv54, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason grants the law enforcement defendants' Rule 59 motion to amend the judgment in this case concerning whether an individual was "federally prohibited from possessing a firearm." The court previously ruled that the individual was not barred from possessing firearms based on his convictions in 2010 for misdemeanor crimes of domestic violence under local law, due to an ex post facto issue. However, under Ninth Circuit precedent, the prior ruling was in error, and the court now holds that "there is no ex post facto violation."
Court: USDC Alaska, Judge: Gleason, Filed On: February 29, 2024, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Procedure, Firearms
J. Gleason denies the state's and denies in part the federal government's cross-motion for summary judgment in a dispute over navigability of 16 miles of submerged lands underlying the Fortymile River. A waterway must be susceptible to use as a highway to be legally navigable, however "no court has ever found that as a matter of law, a river is not navigable solely because the only travel that could take place on it was downstream travel." Depth of water alone is insufficient to establish navigability as a matter of law. The state has not shown that "handmade wooden boats or jetboats were customary modes of trade and travel at statehood."
Court: USDC Alaska, Judge: Gleason, Filed On: February 27, 2024, Case #: 3:18cv265, NOS: All Other Real Property - Real Property, Categories: Real Estate
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J. Gleason denies oil and gas lease holders' motion to alter the judgment and motion to vacate the court's order dismissing their claims with prejudice. The lease holders asserted that the government's moratorium on activities related to the oil and gas leases in order to conduct supplemental environmental review caused loss of revenue and employment opportunities that would have come from development of the leases. The moratorium temporarily prevented the lease holders from developing its leases, and the leases were not “cancelled, rescinded, nullified, or otherwise undone.”
Court: USDC Alaska, Judge: Gleason, Filed On: February 22, 2024, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Gleason denies registered guides' motion for a temporary restraining order regarding the award of a U.S. Fish and Wildlife Service-issued permit to guide commercial big game hunting on federal lands within Kodiak National Wildlife Refuge to another party. The registered guides allege that without the temporary restraining order, their "clients will be precluded from obtaining brown bear tags for hunting on Native lands," while the other party's permit would allow others to receive all of the brown bear tags for the area in question. The guides' "purported injury is speculative and does not demonstrate a likelihood of irreparable harm."
Court: USDC Alaska, Judge: Gleason, Filed On: February 16, 2024, Case #: 3:24cv36, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Restraining Order
J. Gleason grants a royalty deed owner's motion for partial summary judgment in a dispute with a gold mine owner. The mine owner "has not identified a contractual right that could form the basis of a waiver defense" and no reasonable jury could find for the mine owner on an impracticability defense. There is no genuine dispute of material fact and the mine owner has not provided evidence that would constitute a mistake of fact.
Court: USDC Alaska, Judge: Gleason, Filed On: February 13, 2024, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Contract
J. Gleason denies the state's amended motion for stay regarding a proposed class' allegations that the state did not respond to Supplemental Nutrition Assistance Program (SNAP) applicants within the required timeframe or denied applicants the right to apply for SNAP benefits the first time they contacted the agency. The state asserts that it has "demonstrated commitment to resolving the backlog" in processing SNAP applicants while the case has been stayed. "Further delaying the resolution of this issue could cause potential damage to the proposed class members."
Court: USDC Alaska, Judge: Gleason, Filed On: February 5, 2024, Case #: 3:23cv44, NOS: Other Statutory Actions - Other Suits, Categories: Government, Class Action
J. Gleason grants the state's motion to dismiss property owners' challenge of a section line from a government survey that crosses both of their properties and the government's statement that "the public could lawfully traverse" these easements. "The relief Plaintiffs seek would invalidate the State’s section line easements throughout all of Alaska."
Court: USDC Alaska, Judge: Gleason, Filed On: January 22, 2024, Case #: 3:23cv85, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Gleason denies a substance abuse treatment center's motion to dismiss an insurance company's claim that the center defrauded the insurer of approximately $3.3 million in falsified claims. The insurer claims that the center recruited Alaska residents as patients, and that these patients would have been eligible for Medicaid, but the center had them enroll in the insurer's plan because the center could charge the insurer more for out-of-state treatment. The insurer has adequately alleged an injury that is traceable to the center's alleged actions. The insurance company's motion to amend the complaint is granted.
Court: USDC Alaska, Judge: Gleason, Filed On: January 17, 2024, Case #: 3:23cv132, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Insurance
J. Gleason grants the former inmate's motion for partial summary judgment as to the enforceability of a settlement agreement that was reached in order for his co-defendants in a criminal case "to be immediately released from prison and his own potentially unlawful conviction to be set aside." The city defendants in this Section 1983 case fail to show that enforcing the settlement agreement, which required the release of "all civil claims" by the plaintiff, is in the public interest, after he "may have been wrongfully imprisoned for nearly two decades."
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 4:17cv34, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Settlements
J. Gleason dismisses the pro se litigant's complaint for failing to state a claim on which relief could be granted, but also grants him leave to file an amended complaint. The litigant asserts certain civil rights violations, but the court notes that the "exact nature of Plaintiff's claims is unclear" and states that he "may represent only his own interests" as a self-represented litigant.
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 3:23cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
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. Gleason denies the government's motion for summary judgment regarding an individual's appeal after he was denied the purchase of a firearm following a background check. The government alleges the individual is ineligible due to a previous assault conviction. The individual's felony convictions have been vacated. The federal firearm prohibition which began in 2022 does not apply to the individual as his misdemeanor crime of domestic violence conviction occurred in 2010. There is currently no federal or state prohibition on the individual's right to possess a firearm.
Court: USDC Alaska, Judge: Gleason, Filed On: December 8, 2023, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Firearms
J. Gleason denies an environmental group's motion for preliminary injunction pending appeal regarding a challenge to approval of an oil and gas development in the National Petroleum Reserve in Alaska. The group alleges violation of the National Environmental Policy Act, Naval Petroleum Reserves Production Act, Alaska National Interest Lands Conservation Act and Endangered Species Act and seeks to halt construction for the remainder of the winter season. The group has not shown that it will suffer irreparable harm if the winter construction activities proceed.
Court: USDC Alaska, Judge: Gleason, Filed On: December 1, 2023, Case #: 3:23cv58, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason denies an environmental group's motion for preliminary injunction pending appeal regarding a challenge to approval of an oil and gas development in the National Petroleum Reserve in Alaska. The group alleges violation of the National Environmental Policy Act, Naval Petroleum Reserves Production Act, Alaska National Interest Lands Conservation Act and Endangered Species Act and seeks to halt construction for the remainder of the winter season. The group has not shown that it will suffer irreparable harm if the winter construction activities proceed.
Court: USDC Alaska, Judge: Gleason, Filed On: December 1, 2023, Case #: 3:23cv61, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason grants a company's motion to be dismissed from a Walmart shopper's personal injury claim after he slipped and fell on ice on the sidewalk outside the store. Walmart alleges that the third-party company was responsible for maintaining the sidewalk. The forum selection clause in the Master Services Agreement is valid and enforceable and applies to all claims.
Court: USDC Alaska, Judge: Gleason, Filed On: November 16, 2023, Case #: 3:22cv153, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Gleason grants a seafood processing company's motion for summary judgment regarding employees' allegations that it violated the Fair Labor Standards Act, the Portal-to-Portal Act and the Alaska Wage and Hour Act by failing to pay overtime during the peak of the Covid-19 pandemic, when employees were restricted to company property and visitors were limited. Because the employees were not actually working during their waiting time, they are not entitled to overtime for waiting time or sleep time.
Court: USDC Alaska, Judge: Gleason, Filed On: November 15, 2023, Case #: 3:22cv155, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Covid-19
J. Gleason dismisses environmental groups' challenge of the Bureau of Land Management's decision to authorize oil production in the National Petroleum Reserve in Alaska. The groups allege that government violated the National Environmental Policy Act "by failing to adequately analyze global greenhouse gas emissions from future oil development" on the lands, failing to consider alternatives, and that the project may adversely affect several species of marine mammals. The government considered "the requisite reasonable range of alternatives."
Court: USDC Alaska, Judge: Gleason, Filed On: November 9, 2023, Case #: 3:23cv58, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason dismisses environmental groups' challenge of the Bureau of Land Management's decision to authorize oil production in the National Petroleum Reserve in Alaska. The groups allege that government violated the National Environmental Policy Act "by failing to adequately analyze global greenhouse gas emissions from future oil development" on the lands, failing to consider alternatives, and that the project may adversely affect several species of marine mammals. The government considered "the requisite reasonable range of alternatives."
Court: USDC Alaska, Judge: Gleason, Filed On: November 9, 2023, Case #: 3:23cv61, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason denies the state's request for declaratory and permanent injunctive relief and dismisses its claims regarding whether the Federal Subsistence Board had the authority to open an emergency subsistence hunt on federal lands for the Organized Village of Kake in the beginning of the Covid-19 pandemic. The Organized Village of Kake is a remote Alaskan community which, like others, requested an emergency hunting authorization to address existing or potential food shortages during the early days of the pandemic due to food supply chain issues. "The hunt successfully concluded on July 24, 2020, and the harvest was distributed to 135 households in the village." The Federal Subsistence Board did not exceed its authority when it authorized the emergency subsistence hunt.
Court: USDC Alaska, Judge: Gleason, Filed On: November 3, 2023, Case #: 3:20cv195, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Covid-19, Injunction
J. Gleason grants a crowd management company's motion to dismiss an individual's claims that its employees confronted him at the fairgrounds, took a bag he was holding, grabbed his arm and threw him to the ground. The company is a private company, not a state entity, therefore he has not shown that the company's employees were acting as state actors during the incident. The individual is granted leave to amend "to adequately plead state actors committed First and Fourth Amendment violations."
Court: USDC Alaska, Judge: Gleason, Filed On: October 19, 2023, Case #: 3:23cv153, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights