63 results for 'cat:"Civil Procedure" AND cat:"Government"'.
J. Brennan grants the federal government's motion to dismiss, ruling the restaurants lack standing to challenge the Small Business Administration's refusal to prosecute fraudulent recipients of Covid-19 relief funds. The relevant legislation does not require such enforcement measures. Additionally, the restaurants' claims have been mooted by the expiration of the grant period, such that even if the court were to grant them relief and require disbursement of grants, the businesses would be required to immediately return the funds to the federal government.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 3, 2024, Case #: 1:21cv2361, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, government, Covid-19
J. Young finds that the court of appeals improperly ruled against Texas State University in an injury case that was filed by an individual who was thrown from a golf cart being driven by a university employee. While the individual sued the driver and the university before the two-year statute of limitations expired under the Texas Tort Claims Act, she did not serve the university until three years after the limitations had expired. Both the action of filing a lawsuit and serving the parties involved is included in the two years allotted to plaintiffs. Because the individual failed to meet that standard, the claims against the university should be dismissed. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: May 3, 2024, Case #: 22-0291, Categories: civil Procedure, government, Tort
J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: civil Procedure, government, Employment Retaliation
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Constitution, government
J. Brobson finds that the commonwealth court improperly held that Pennsylvania constitution delegated unfettered authority to natural gas distribution companies to determine the location of gas meters in historic districts. The Pennsylvania General Assembly never enacted a statute imposing any duty on the commission to locate gas meters in historic districts. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: April 25, 2024, Case #: J-70-2023, Categories: civil Procedure, Constitution, government
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J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: civil Procedure, government
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: civil Procedure, Employment, government
J. McHugh grants the federal government’s motion to dismiss an argument by Safehouse, a proposed nonprofit safe injection center for those struggling with opioid addition, that the federal government would be violating the organization’s First Amendment right to free exercise of religion if it criminally prosecuted them for drug crimes after opening the center. While Safehouse argued that it is informed by classic Judeo-Christian beliefs about the need to “preserve life, provide shelter to our neighbors, and do everything possible to care for the sick,” the court found no evidence that the organization is a religious entity in its articles of incorporation.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: April 3, 2024, Case #: 2:19cv519, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, government, First Amendment
J. Myers denies an airline traveler’s motion to set aside judgment after her federal tort claim was dismissed as her reason is not persuasive. Following her suit against some TSA officers for false imprisonment, which was dismissed, she appealed but the pleadings were deficient. She claims that as her mother was severely ill and the traveler herself was 18 years old at the time, she did not have the support she needed to further engage in litigation. However, this does not meet the criteria warranting setting aside judgment under federal rules of civil procedure.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 22, 2024, Case #: 5:21cv338, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, government, Tort
[Consolidated.] J. Crichton finds that the Council of the City of New Orleans has the procedural capacity to sue to seek a declaration that the mayor has acted unlawfully in transferring assets that rightfully belong to the city to private parties regarding a 2020 modification of an agreement between the mayor and certain beneficiaries of a land trust. Under the Home Rule Charter of the City of New Orleans, the council has the power to conduct investigations of “any office, department or board administering the affairs of the City.” Therefore, the council has a right to sue on the contention that the Law Department and the mayor are in direct conflict with the council, and that the suit is “necessary for the assertion or protection of the rights and interests of the city." Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: March 22, 2024, Case #: 2023-C-01106, Categories: civil Procedure, government
J. Parraguirre finds the district court properly denied the county's anti-SLAPP special motion to dismiss. The county opened an investigation into a residential property reported as being used as a short-term rental and party house. The county recorded a lien against the property after violations were found and penalties of more than $38,000 were not paid. After the owner paid the penalties in full, he filed suit alleging the county lacked authority to impose the civil penalties and to record liens against the property. The relevant statute unambiguously defines "person" to exclude government entities. The county is not a "person" for purposes of the anti-SLAPP statute and is not entitled to evoke the statute. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: March 14, 2024, Case #: 85185, Categories: Anti-slapp, civil Procedure, government
J. Tenney finds the district court properly dismissed an nivestment company’s lawsuit against the county, which denied the requested zoning change for a proposed landfill. The planning commission tabled the application due to public concerns; in the meantime, another company was awarded a conditional use permit to operate a landfill. This appeal challenges the court’s conclusions relating to the “similarly situated” and “animus” elements of equal protection. The proposals were filed at different times, and were considered by different commissioners, so they are not similarly situated. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220433-CA, Categories: civil Procedure, government, Property
J. Kim finds that the trial court properly ordered a city to exempt, from coastal development permit requirements, the property owners’ proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. The property owners argued they were entitled to a permit 60 days after completing the application. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 22, 2024, Case #: B323731, Categories: civil Procedure, government, Property
J. Parker grants, in part, the city's motion for summary judgment, ruling the lessees of the basement condo units became aware of flood damage caused by the remodeling of an adjacent parking lot in July 2020 at the latest and that their takings claims did not require structural damage to the building to accrue. Therefore, their takings claims are barred by the two-year statute of limitations. Although flooding has continued on an intermittent basis since the remodeling, the continuing violation doctrine is inapplicable because all of the flooding was caused by a single, discrete event - the construction work at the parking lot - and so the statute of limitations clock was not tolled at any point.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: February 15, 2024, Case #: 1:22cv1007, NOS: Torts to Land - Real Property, Categories: civil Procedure, government, Property
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. Newman grants the agricultural waste companies' motion for summary judgment, ruling the citizen suit under the Clean Air Act is barred by the diligent prosecution doctrine. The EPA has taken reasonable steps to ensure the companies' compliance with air quality standards, including shutting down portions of their plant through enforcement of a consent decree that contains civil fines for noncompliance.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: February 12, 2024, Case #: 3:22cv102, NOS: Environmental Matters - Other Suits, Categories: civil Procedure, Environment, government
J. Pedersen conditionally grants the streaming providers' mandamus petition, in which they challenge the denial of their Rule 91a dismissal motion in the underlying lawsuit brought under the Texas Public Utility Regulatory Act. The statute is "limited to disputes about compensation from franchise fees," and there is no dispute that the streaming providers are not franchise holders. Accordingly, the lower court abused its discretion, and the relators are entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 31, 2024, Case #: 05-23-00485-CV, Categories: civil Procedure, Communications, government
J. Samour finds the appeals court erroneously determined the accrual date of the county's contract claim against the city of Denver regarding a noise modeling system installed near the airport was nearly 20 years after the installation of the system and at the time the county first realized any damages from the city's breach of a noise monitoring agreement. Colorado law unambiguously states a contract claim's accrual date is the date upon which a breach is or should have been discovered by the filing party, and because the county knew the city had installed a noise "modeling" system, rather than a noise monitoring system, immediately after its installation, it had three years from the installation date to file the current action, which is untimely and must be dismissed. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 29, 2024, Case #: 2024CO5, Categories: civil Procedure, government, Contract
[Consolidated.] J. Wecht finds that the lower court properly confirmed certain modifications to a recovery plan that were proposed by the Act 47 receiver for Chester County, a financially distressed municipality. While the plan may limit some local officials’ authority, the Pennsylvania General Assembly has indicated that such plans are permissible in cases where “local officials are unwilling or unable to accept a solvency plan developed for the benefit of the municipality.” Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: January 29, 2024, Case #: J-34A-2023, Categories: Bankruptcy, civil Procedure, government
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to remove Steven Kraus from the March 2024 primary ballot as a candidate for the Ohio House of Representatives. Although he was convicted of a felony for theft from an elderly person in 2015, the position for which he is running does not involve control or management of any state agency or political subdivision and, therefore, he is not barred from running under the state's disqualification statute.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2024-Ohio-290, Categories: civil Procedure, Elections, government
J. Robinson finds that while the Danbury town clerk exceeded the scope of her authority when she determined only the second slate of Independent Party candidates for mayor in the November 2023 election should be placed on the ballot, the trial court's ultimate decision to place neither slate of candidates on the ballot was procedurally correct. The party did not functionally endorse a single set of candidates as required by state law. The first slate of candidates should have been approved by the clerk because an ad in the local newspaper satisfied statutory notice requirements, but the submission of a second set of certified candidates by the Independent Party effectively prevented it from endorsing a unified slate and required the trial court to remove both sets from the ballot. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: January 17, 2024, Case #: SC20907, Categories: civil Procedure, Elections, government
[Consolidated.] J. Wecht finds that the lower court improperly determined that a classified corrections officer was entitled to preference for a promotion he was passed over for in favor of a non-classified employee under Pennsylvania. The ascension of the unclassified employee to a classified service position with higher pay with the same public employer is did not constitute a “promotion,” the scenario where preference would be relevant; it constitutes an appointment because it is based on merit. Reversed in part.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: December 19, 2023, Case #: J-26A-2023, Categories: civil Procedure, Employment, government
J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: civil Procedure, government, Business Practices
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
J. Bright finds the lower court erroneously dismissed the taxpayer's suit against the law firm regarding its status and eligibility to represent the city of Norwich. Although she had filed numerous other suits that involved similar factual issues, none of those cases were decided on the merits, which prevents the application of res judicata. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: December 1, 2023, Case #: AC45662, Categories: civil Procedure, government