1,070 results for 'cat:"Government"'.
J. Ramirez finds the trial court improperly granted the petition for a writ of mandate seeking to prevent the enforcement of a county measure limiting a supervisor’s terms, as well as monthly compensation. The term limit is constitutional, and the compensation can be set by initiative. It does not violate minimum wage laws. If the trial court erred by enjoining the measure, the error is forfeited, harmless or moot. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: May 25, 2023, Case #: E077772, Categories: Administrative Law, government
J. Herzfeld sustains the contractor’s appeal of the Navy’s termination of its contract for failure to make progress on a task order for the design and construction of a vestibule and doors at a building in Bahrain. The Navy had waived the performance date and failed to create a new one, and the default termination is converted to one for convenience.
Court: Armed Services Board Of Contract Appeals, Judge: Herzfeld, Filed On: May 25, 2023, Case #: 62753, Categories: government, Military, Contract
J. D’Alessandris grants U.S. Bank’s motion for summary judgment in this appeal for a discrepancy of over $1.5 million in reimbursements for transportation services provided to the Department of Defense which were discovered due to a software platform upgrade necessitating a reconciliation of payments on the existing platform. U.S. Bank has established entitlement to some number of the unreimbursed payments on the account but not the specific amount. Further proceedings are to be scheduled.
Court: Armed Services Board Of Contract Appeals, Judge: D’Alessandris , Filed On: May 24, 2023, Case #: 62986, Categories: government, Contract
J. Taylor denies the Army Corps of Engineers’ motion to dismiss this suit seeking damages of over $1.6 million for the government’s alleged delay of its completion contractor’s performance for the design and construction of quarters and dining facilities at the Naval Support Activity Bahrain. The government terminated the construction contractor’s right to proceed for failing to meet progress schedules which caused permit and scheduling issues with the completion contractor. Events relating to the delay claim are based on a common set of operative facts. The bank has also provided separate sums for its claims resulting from the alleged contract change to other issues resulting from road closure requirements.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: May 24, 2023, Case #: 63278, Categories: Construction, government, Contract
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J. Hanisee finds a lower court erred in determining the New Mexico Human Rights Act does not apply to public schools after a teacher and Albuquerque’s school board were sued by a Native American student who said she was left feeling unwelcome in school following remarks by the teacher about Native Americans. The teacher and school officials argued the student did not bring a valid claim on the grounds that New Mexico public schools are not a “public accommodation” under the Act, but the “plain language” of the Act does refer to schools and a reading of precedent and past laws, including the 1955 Public Accommodations Act, shows that lawmakers intended to include schools. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: May 23, 2023, Case #: A-1-CA-39732, Categories: Civil Rights, Education, government
J. Falvey finds the Board of Veterans Appeals improperly denied the Navy veteran’s claim for an effective earlier date for left eye blindness and service-connected cataracts. The court evokes navigation “through long-gone regulations … past zombie precedent … thought slain by the Supreme Court” in finding that the VA failed to give the veteran proper notice. The initial notice didn’t explain that service connection was denied for cataracts and evidence fails to show that the veteran knew that he could appeal a 1965 corrective notice. The differences between the initial notice and the corrective notice did not reasonably state that the denial could be appealed, and so the appeal never became final. Reversed and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Falvey, Filed On: May 23, 2023, Case #: 21-5454, Categories: government, Health Care, Veterans
J. Fenn finds that the lower court properly dismissed a complaint against the mayor of Green River from an individual who says the mayor violated his oath of office by not investigating a witness who recanted a statement in the individual's underlying murder case. The claims against the mayor were rightfully tossed for being time-barred.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: May 23, 2023, Case #: S-22-0245, Categories: Civil Rights, government
J. Winchester finds the district court properly granted the Oklahoma Turnpike Authority’s motion to dismiss an anti-turnpike advocacy group’s challenge to its authority to construct three proposed turnpikes. The court has exclusive, constitutional, original jurisdiction to determine whether the authority may construct the turnpikes in the bond validation matter. The advocacy group fails to establish that they have a clear legal right to injunctive or mandamus relief. Their claim is entirely dependent upon the court exercising exclusive jurisdiction in the bond validation proceeding. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 23, 2023, Case #: 121039, Categories: Constitution, Construction, government
J. Whitman finds the trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: May 23, 2023, Case #: A163054, Categories: Constitution, government, Class Action
J. Vigil finds New Mexico regulators erred in not only denying a phone company’s status as an “eligible telecommunications carrier,” which would make the company eligible for federal funding, but also banning the company from ever again applying for this designation. Regulators lack “express or implied statutory authority” to impose such a ban. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-38812, Categories: Communications, government, Agency
J. Blacklock finds the court of appeals properly ruled in favor of a school district in a tax appraisal suit. The school district, on a contingent-fee basis, hired an attorney to bring its challenges against the appraisal district. The appraisal district argues that the fee agreement between the school district and the attorney is unlawful. While the school district was not permitted to enter into the contingent-fee agreement, dismissal of the suit would also be improper. The school district has the authority to challenge the appraisal district, and it should be given the opportunity to alter the agreement with the attorney or hire a new attorney on different terms. Affirmed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 19, 2023, Case #: 22-0313, Categories: Civil Procedure, government, Tax
J. Chambers grants in part and denies in part the Wayne County municipality’s and two of its police officers’ motion for summary judgment in a mother’s civil rights suit claiming her son died due to head trauma following the officers’ excessive use of force. The court finds sufficient material issues of facts for a jury to decide whether one of the officers had probable cause to believe the decedent posed a threat of serious harm to him and as to whether the officer’s actions were reasonable, and on the state law claim against the chief of police for spoliation of evidence.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: May 19, 2023, Case #: 3:21cv197, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Police Misconduct
J. Lehrmann finds that the court of appeals improperly ruled in favor of an irrigation district, dismissing a condemnation suit brought by a water improvement district. The dispute between the governmental entities, located in Hidalgo County, began when the improvement district sought to extend a pipeline through a canal managed by the irrigation district. After the improvement district failed a suit to condemn the land for their project, the irrigation district filed a plea to the jurisdiction, asserting it was immune from suit. While governmental immunity may apply in cases similar to this, it does not in this case because the project is intended to benefit both entities involved. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 19, 2023, Case #: 21-0507, Categories: government, Water, Immunity
Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled in favor of Texas Southern University in a breach of contract case brought against it by a construction firm. After the University refused to pay the firm for a project it completed after the construction deadline had passed, the firm brought its breach of contract claim. While the university is privileged to immunity, it is not immune in this case. The construction firm presented sufficient evidence of a cognizable injury. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 19, 2023, Case #: 21-0966, Categories: government, Immunity, Contract