1,070 results for 'cat:"Government"'.
J. Bryan denies the government's motion to dismiss the family member's complaint that the wife died after being exposed to asbestos fibers while doing laundry for her husband, who was an enlisted navy machinist mate and came into contact with asbestos at the Puget Sound Naval Shipyard. The government argues that the discretionary function exception applies because it covers certain "governmental decision-making from judicial second guessing of legislative and administrative decisions," but it is uncertain if two of the navy's regulations related to asbestos were mandatory directives that required action and if the government failed to follow those directives.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: May 7, 2024, Case #: 3:22cv5701, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: government, Wrongful Death, Asbestos
J. Callins finds a lower court erred when it sustained a demurrer by county officials after they were sued by residents concerned about the approval of a major development by Amazon. The officials did not comply with requirements to give adequate public notice because the summary of their proposed action did not include relevant information, including a proposed increase “in the height and density limits for buildings.” Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: May 7, 2024, Case #: 0240-23-4, Categories: government, Due Process
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: government, Property, Experts
[Consolidated.] J. Thompson denies, in part, the attorney general’s motion to dismiss this lawsuit regarding the constitutionality of prosecuting anyone who assists in facilitating out-of-state abortions brought by an advocacy group, also on behalf of its clients, and a women’s center also on behalf of its staff. The group and center seek to prohibit the prosecution of those who assist pregnant women to obtain abortions where it is still legal in other states alleging it is a violation of the right to travel, freedom of speech, freedom of association, the right to fair-notice due process claims, and is overbroad. The attorney general cannot prevent people to travel to another state, “Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here.” Their overbreadth and the fair-notice due process claims are dismissed, but the advocates’ freedom of speech, right to travel, freedom of association and extraterritoriality claims survive the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 6, 2024, Case #: 2:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, Due Process
J. Biggs orders that the NAACP in North Carolina cannot use five witnesses it proposed in this ongoing voting rights suit against the state’s board of elections. The NAACP moves for clarification, but the magistrate judge’s order clearly stated who is and is not allowed to be considered as a witness, and these five are either specifically named or inferred in that list. Thus, the NAACP objects to the order and is not seeking clarification. Adding or replacing any witnesses would prejudice the process.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: May 4, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Elections, government, Experts
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J. Blacklock finds that the court of appeals improperly affirmed a jury verdict in favor of two City of Denton employees who sued the city under the Texas Whistleblowers Act after they were allegedly fired for reporting a member of the city council for meeting with a reporter at their home, violating the Public Information Act and the Open Meetings Act. The city council members are not paid, thus making the council member not an employee who would otherwise be covered under the Act. Furthermore, her actions were hers alone and not on behalf of the city council. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 3, 2024, Case #: 22-1023, Categories: Administrative Law, government, Whistleblowers
J. Childs vacates the district court's finding for the Small Business Administration on a concert tour company's challenge to the agency's rejection of its application for a $4.9 million grant in connection with Covid-19 under the Shuttered Venue Grants program. The agency ignored relevant proof supporting the company's eligibility for the grant, including more than 100 pages of creative elements it used to design concerts for the band, Twenty One Pilots, and its financial role in the tour. Vacated.
Court: DC Circuit, Judge: Childs, Filed On: May 3, 2024, Case #: 22-5253 , Categories: Administrative Law, government
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, Property
J. Rodriguez denies a compounding pharmacy’s motion to dismiss for want of prosecution after it was sued under the False Claims Act for allegedly falsely inflating prices in bills to the federal government. The pharmacy argued that the U.S. has excessively extended its “intervention deadline” since the original complaint was filed in 2014, but the False Claims Act requires the government to “diligently ... investigate” claims made under the Act, and the delays — rather than reflecting “significant periods of total inactivity” — have instead reflected the government’s efforts to investigate other companies, which are necessary here “because all the defendants were alleged to have participated in the same scheme.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 3, 2024, Case #: 5:14cv212, NOS: Other Statutory Actions - Other Suits, Categories: government, Due Process, False Claims
J. Bell grants a group of medical product makers’ partial motion to dismiss product liability allegations after a spinal surgery patient developed tuberculosis following her operation. The patient claims that the group’s sale of “FiberCel” to the hospital where she had her surgery done is not covered under the North Carolina Blood and Tissue Shield Statute. She incorrectly argues the group’s sale of FiberCel, as a processed-tissue product, is not covered under the statute because it is not specifically blood, a blood product or human tissue, but a “tissue-based product.” Although FiberCel was recalled two months after the patient’s surgery for also resulting in tuberculosis in other patients, the product is shielded by the statute because its language includes any person or institution involved in the “processing” of human tissue.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: May 3, 2024, Case #: 5:21cv172, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: government, Health Care, Product Liability
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
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. 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. Durkin partially grants motions for summary judgment from both the FBI and the journalist who is suing over access to records. The journalist accuses the FBI of illicitly monitoring Arab and Muslim communities in Chicagoland from the late 90s through early 2000s, and sued the bureau for the relevant files. The files the FBI produced were heavily censored, and now the court finds it must lift any redactions in the relevant documents concerning identified individuals’ race, ethnicity and nationality. However, the court will also allow the FBI to withhold documents that the bureau deemed too sensitive to be shown publicly.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: May 3, 2024, Case #: 1:17cv4782, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Public Record, Privacy
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: government, Medicaid, Property
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. Baker finds that the Department of Commerce properly recalculated the sales expenses of a foreign producer of propane canisters in this antidumping case. The department’s methodology for its calculations was supported by substantial evidence.
Court: Court of International Trade, Judge: Baker, Filed On: May 2, 2024, Case #: 24-54, Categories: government
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. Tookey finds the trial court erred in ruling Washington County's ban on the sale and distribution of flavored tobacco and flavored synthetic nicotine products is preempted by Oregon’s scheme for TRL. Since “Oregon does not require tobacco retailers to sell any particular type of tobacco product or inhalant delivery system, Oregon’s scheme for TRL can operate concurrently with” the county. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A179834, Categories: government
J. Cruz finds a lower court properly denied the Arizona Creditors Bar Association's motion for permanent injunction challenging the newly passed Predatory Debt Collection Act aka Proposition 209. The Arizona Creditors Bar Association argued that the Act should be voided based on vagueness. However, the state voters sufficiently showed in court that the Act protects consumers with medical debt from facing bankruptcy, as well as a cap on property subject to debt collection.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: April 30, 2024, Case #: 1 CA-CV 22-765, Categories: Debt Collection, government, Injunction
J. Milazzo grants a preliminary injunction to a 71-year-old widow with a medical condition and sole custody of her 6-year-old granddaughter. The Louisiana Department of Health is ordered to continue paying the woman’s Medicaid health premium while she challenges the state’s termination of her benefit based on its “size of the family” criteria that does not include children or grandchildren. Louisiana stopped paying the grandmother’s monthly Medicaid premium in early April 2024, based on its conclusion she lived in a one-person home, a finding that does not include the child, who is dependent upon her for financial support. Louisiana’s Medicaid manual limits the state’s family size criteria to a household of two - an applicant and an eligible spouse.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 30, 2024, Case #: 2:24cv728, NOS: Other Civil Rights - Civil Rights, Categories: government, Health Care, Medicaid
J. Byrne finds that the trial court properly in part ruled in a case in which a court reporter and her firm sued the Judicial Brand Certification Commission for allowing another reporting firm to provide services without proper certification. The trial court correctly denied the commission’s plea to the jurisdiction for the reporter’s petition for mandamus relief. However, the trial court incorrectly denied the commission’s plea to the jurisdiction against the judicial review, because such a review is not an available option within this administrative context. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 30, 2024, Case #: 03-22-00245-CV, Categories: Administrative Law, government, Immunity
J. Boasberg partially grants the Justice Department's motion for summary judgment in the public-policy organization's Freedom of Information Act suit seeking the release of communications regarding a dismissed FBI agent alleged to have leaked information to the media and improperly discredited information about Hunter Biden. He also partially grants the organization's cross-motion for summary judgment. While the Bureau is correct that some of the requested records are subject to FOIA exemptions for law-enforcement records and invasions of privacy interests, the balance of interests favors release of non-law-enforcement records containing the agent's last name and the term "whistleblower," or the agent's last name with the last name of his accuser, "Grassley."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 29, 2024, Case #: 1:23cv1148, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Public Record