117 results for 'nos:"Constitutionality of State Statutes - Other Suits"'.
J. Kobayashi partially dismisses claims by a helicopter association that says a new state law requiring tour aircraft operators to submit monthly reports about flight information to the state Department of Transportation is preempted by the Federal Aviation Act. The claims against the state are barred by the 11th Amendment, though claims against the DOT director may remain. Though the measure is yet to be fully implemented, the helicopter association did show sufficient potential hardship, as the threat of enforcement is enough for the claims to survive. A claim related to a previous dispute involving FAA regulations is dismissed as it should have been brought as a refiling in the prior case, not a new complaint.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 17, 2023, Case #: 1:23cv83, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Aviation
J. Nye denies the state and school board's motion to dismiss individuals' and a student organization's allegations that Idaho Senate Bill 1100, which requires that public school students use the bathroom or locker room that corresponds with their biological sex, is unconstitutional. "The fact that other courts have found merit in similar claims against the backdrop of regulations similar to S.B. 1100 weighs against finding that Plaintiffs’ claims are wholly implausible." The temporary restraining order on implementing S.B. 1100 will be extended by 21 days to "provide enough time for school districts to identify and designate restrooms, changing facilities, and overnight accommodations in a manner consistent with S.B. 1100."
Court: USDC Idaho, Judge: Nye, Filed On: October 12, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Heil denies the plaintiffs' request for a preliminary injunction in this lawsuit challenging the constitutionality of the state's Senate Bill 613, which prohibits healthcare providers from knowingly providing "gender transition procedures to any child." The court concludes that the plaintiffs, which include transgender youth and their parents, have not shown a likelihood of success on the merits of their equal protection and due process claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: October 5, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Health Care, Lgbtq
J. Shipp dismisses constitutional claims contending the state's prohibition on 3-D printed gun information forced a Texas-based company to cease activities in New Jersey for fear of enforcement because computer code designed for printing weapons is likely non-expressive speech, and plaintiffs failed to demonstrate how each type of information constitutes protected speech. Meanwhile, plaintiffs did not allege an individual had been prevented from printing a 3-D firearm, and the commerce clause does not prevent one state from criminalizing behavior originating from another state.
Court: USDC New Jersey, Judge: Shipp, Filed On: September 29, 2023, Case #: 3:21cv9867, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
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J. Newman denies the government's motion to dismiss, ruling the chamber of commerce's request for injunctive relief on claims related to government-set prescription drug prices under the Inflation Reduction Act allows it to pursue claims under associational standing on behalf of several drug manufacturers. However, because there is insufficient evidence at this stage to show a likelihood of success on the merits of the chambers' claims and any economic harm to the manufacturers will not be realized for years, their request for a preliminary injunction will be denied.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: September 29, 2023, Case #: 3:23cv156, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Injunction
J. Riggs finds that no occupying country or government, including Mexico, Spain, or the U.S., ever extinguished the aboriginal water rights of the Pueblo Indians because none of the countries took actions to intervene or reduce the tribe's use of the Jemez Valley River Basin.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 28, 2023, Case #: 6:83cv1041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Environment, Native Americans, Water
J. Hittner enjoins state officials from enforcing a law touted as the "Drag Ban," which bans sexually oriented performances, carries civil and criminal penalties, and grants counties and cities the ability to regulate the performances. The law is unconstitutional.
Court: USDC Southern District of Texas, Judge: Hittner, Filed On: September 26, 2023, Case #: 4:23cv2847, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Sannes awards a New York-based gun rights advocacy group $443,601 in attorney fees and $4,099 in costs after the U.S. Supreme Court agreed with their claims and struck down a state law that prevented gun owners from carrying a firearm outside of their homes for self-defense purposes on the grounds that the law violated their constitutional rights. The court finds that, despite the challenges of litigating a case in front of the U.S. Supreme Court, their initial demand of more than $1.2 million is unreasonable, so the court adjusts their hourly rates to better fit with cases in specialized areas of law previously filed in New York federal judicial districts.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 22, 2023, Case #: 1:18cv134, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Attorney Fees
J. Brown grants a motion to recover attorney's fees and costs to a group of litigants who prevailed on their claims alleging New York State's Covid-19 Emergency Eviction and Foreclosure Prevention Act violated their due process rights. The U.S. Supreme court agreed with their claims and issued an injunction preventing partial enforcement of the law, and afterwards New York State amended the clause to address the court's concerns. The court awards them $377,477 in attorney's fees and $7,251 costs, representing half of what they initially sought.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:21cv2516, NOS: Constitutionality of State Statutes - Other Suits, Categories: Due Process, Attorney Fees
J. Albright grants a preliminary injunction to a group of booksellers and publishers who sued Texas over a new law restricting children's access to so-called "sexually explicit" books. While the state no doubt has a strong interest in protecting children from "obscene content," this new law imposes "a web of unconstitutionally vague requirements," including by "abdicating its responsibility" to regulate obscenity and instead placing the burden on third parties like booksellers. Texas is temporarily barred from attempting to enforce the bill, HB 900.
Court: USDC Western District of Texas , Judge: Albright, Filed On: September 18, 2023, Case #: 1:23cv858, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, First Amendment
J. Lasnik grants the consumer's motion to compel the production of exchanged documents and communications from government investigations of Alexa devices and all documents identified using the court-ordered search terms. Despite Amazon's argument to the contrary, the fact that a government agency inquired about Amazon's storage and sharing of Alexa audio recordings and transcriptions falls within the permissible scope of discovery for this case, in which the consumer alleges that Amazon saved recordings of consumers who used their Alexa devices.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 15, 2023, Case #: 2:21cv750, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Privacy, Discovery
J. McDonough denies the plaintiff horse trainer's motion for a preliminary injunction in this case concerning the enforcement of the Horse Protection Act, after the U.S. Department of Agriculture allegedly filed two administrative complaints against him. The horse trainer contends that the USDA's administrative proceedings are unconstitutional, but he fails to establish a likelihood of success on the merits. Additionally, he has not shown that he will suffer irreparable harm.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: September 13, 2023, Case #: 4:23cv24, NOS: Constitutionality of State Statutes - Other Suits, Categories: Administrative Law, Agriculture, Animal Cruelty
J. Lin dismisses the transport company's lawsuit alleging that David Danner, chair of the Washington Utilities and Transportation Commission, wrongfully passed a state statute that forced railroad companies to pay for the expenses to install upgraded safety devices at the rail grade crossing. The transport company's preemption claims fail as a matter of law because the regulation it cites to show that it is not responsible for the expenses focuses on construction, not maintenance.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 8, 2023, Case #: 3:22cv5544, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Transportation
J. Davidson grants a hemp manufacturer's motion for a preliminary injunction allowing Delta THC to be produced, stating the new state law prohibiting it violates federal law allowing production. The law is also vague and, if enforced, could make them subject to criminal sanctions and financial loss.
Court: USDC Eastern District of Arkansas , Judge: Wilson, Filed On: September 7, 2023, Case #: 4:23cv718, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Choice Of Law, Business Practices
J. Brooks grants a social media trade association’s preliminary injunction stopping a state law from taking effect that would have required social media users to verify their age and have minors receive consent from an adult before accessing the platforms. Companies argued the law is too broad to enforce, stifles freedom of speech, and does not directly translate to protecting minors from the harms of social media. "Age-gating social media platforms for adults and minors does not appear to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: August 31, 2023, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: Communications, Constitution, Injunction
J. Copenhaver grants in part and denies in part the Coalition's motion for summary judgment in its suit challenging the constitutionality of the 2018 "Parking Lot" amendments to the West Virginia Business Professional Liability Act that prohibits property owners from banning firearms on the parking lots of their premises. The Inquiry and Take-No-Action provisions of the amendments "facially violate the First Amendment’s guarantee of free speech," as "the term 'any action against' is not defined, its scope is unknown and serves to chill any comment or conduct," and "property owners may certainly inquire into the presence of a firearm in order to prepare for and provide for the safety of their customers, employees and invitees and do so without intending to banish or discriminate against the possessor." The West Virginia Attorney General is enjoined from further enforcement of two provisions.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 31, 2023, Case #: 2:19cv434, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Firearms
J. Quraishi partially grants the Bankers' Association's motion for attorney's fees in its successful suit seeking to overturn a state law which banned banks from making political contributions. The Association is a "prevailing party," having altered the parties' relationship in its favor in a "judicially sanctioned" manner. Its attorneys' hourly rates are reasonable, but certain hours billed are excessive and duplicative, and deductions are made accordingly. The Association's success, however, was "less than complete" since one of its counts was dismissed and it did not successfully obtain freedom for individual banks to make contributions under the law. The lodestar amount is therefore reduced. In total, the Attorney General is ordered to pay $1,217,634.65 in fees and $102,674.47 in costs.
Court: USDC New Jersey, Judge: Quraishi, Filed On: August 31, 2023, Case #: 3:18cv15725, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Attorney Fees, First Amendment
J. Kirsch finds unconstitutional a state law prohibiting New Jersey, its political subdivisions and private entities from contracting to own or operate a facility which detains people for violations of civil immigration law. By preventing Immigration and Customs Enforcement from contracting with in-state companies to aid in its enforcement of federal immigration law, the state law violates the Supremacy Clause of the U.S. Constitution since immigration detention is a function that "is and always has been performed solely by the federal government."
Court: USDC New Jersey, Judge: Kirsch, Filed On: August 29, 2023, Case #: 3:23cv967, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Immigration, Preemption
J. Boardman denies summary judgment to a driver after police officers pulled her over and allegedly assaulted her and unnecessarily arrested her. The officers claim the driver purposely drove on private property to avoid a “traffic control device,” drove while talking on her phone and had expired tags. One officer requested back up and the group eventually ordered the driver out of her car. She describes being afraid so she refused to exit. The officers allegedly cut her seatbelt with a knife and forcibly removed her from the car, then restrained her on the ground while arresting her. After review of the evidence including bodycam footage, it was found that officers behaved reasonably and that the driver’s claims lack merit.
Court: USDC Maryland, Judge: Boardman, Filed On: August 25, 2023, Case #: 8:22cv1542, NOS: Constitutionality of State Statutes - Other Suits, Categories: Malicious Prosecution, Vehicle, Negligence
J. Chambers denies, in part, the state of West Virginia's motion to dismiss the drug manufacturer's suit challenging the constitutionality of the Unborn Child Protection Act on the grounds the 2022 law restricts the sale of mifepristone, the first in a two-step abortion medication regime. The risk evaluation and mitigation strategy promulgated by the Food and Drug Administration on mifepristone preempts the Act on restricting its prescription via telemedicine.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 24, 2023, Case #: 3:23cv58, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Health Care
J. Neals dismisses commerce clause claims contending that state regulations regarding sales of alcoholic beverages discriminate against out-of-state wine retailers. Under the 21st Amendment, New Jersey has the right to create a tiered system for alcohol distribution and sales, and out-of-state wine retailers seek to be treated differently than in-state retailers by being allowed to shirk licensing rules.
Court: USDC New Jersey, Judge: Neals, Filed On: August 22, 2023, Case #: 2:19cv14716, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Licensing
J. Thurston allows four transgender women to intervene in a case filed by four cisgender females challenging a law that allows inmates to choose whether they want to be housed with men or women based on their own preference. The intervenors, who argue the corrections department will not adequately defend the transgender law, have "a materially distinct perspective on the issues."
Court: USDC Eastern District of California, Judge: Thurston, Filed On: August 21, 2023, Case #: 1:21cv1657, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, Civil Rights, Prisoners' Rights
J. Jones denies the charter company’s motions for a temporary restraining order and preliminary injunction preventing the Nevada Transportation Authority from exercising jurisdiction over its operations. The charter company owns a bus line that operates an interstate charter service in multiple states, including Nevada. It says that the authority “declared war” after issuing multiple citations which culminated in a vehicle being impounded due to noncompliance. “In actuality, the NTA went about its business as a regulator.” It dealt with the company’s inability to follow regulations for two years before acting, giving every opportunity to comply.
Court: USDC Nevada, Judge: Jones, Filed On: August 17, 2023, Case #: 3:23cv219, NOS: Constitutionality of State Statutes - Other Suits, Categories: Transportation, Agency, Injunction
J. Johnson grants the state Republican Party's motion to declare several campaign finance laws unconstitutional. The limit on contributions made by state political parties to county political parties is too far removed from the state's concern of "big-money" donors' support of individual candidates to sufficiently address the problem of quid pro quo corruption and, therefore, must be enjoined. Additionally, the law seeking to limit contributions from state parties to individual candidates is not "closely drawn" to address the corruption problem and sets limits drastically lower than similar ones upheld by the U.S. Supreme Court, while the state has also failed to provide evidence regarding the cost of a typical campaign to support the limits.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 17, 2023, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, First Amendment
J. Singal partially grants some education professionals’ motion to dismiss claims brought against them by parents who wanted their child to attend school in person and be exempt from the Covid-19 vaccination requirement on religious grounds. The plaintiffs fail to provide substantial evidence that the law backed their viewpoints at the time the school officials did not allow their child to attend school without the vaccine based on a religious exemption.
Court: USDC Maine, Judge: Singal, Filed On: August 16, 2023, Case #: 2:22cv251, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Education, Health Care