1,070 results for 'cat:"Government"'.
J. Heytens finds the lower court properly denied the electoral board members' motion to dismiss First Amendment claims. The City of Lynchburg's registrar from 2018 to 2023 claims the board's two Republican members refused to reappoint her to the position, not for the failure of duty but because she was not a loyal Donald Trump supporter. The members are correct in assuming sovereign immunity bars the registrar from recovering monetary damages, but she is entitled to seek injunctive relief. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 19, 2024, Case #: 23-1902, Categories: government, Immunity, First Amendment
J. Smith grants the solid waste director’s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, Due Process
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. Eddins finds that proceedings initiated by a state agency are not sheltered by sovereign immunity, and grants attorney fees to groups defending a frivolous petition filed by the state them. The court deems frivolous the board’s petition, which claims that an environmental group winning a prior case that capped water diversions from a Maui river prevented water from being used to battle the Lahaina wildfires. “It seems that the BLNR tried to leverage the most horrific event in state history to advance its interests.” Despite many sources, including Maui county itself, establishing that water availability from the river had nothing to do with containing the fires, the board refused to withdraw its petition and forced the environmental group to participate in further proceedings. Sovereign immunity is waived when state agencies initiate original actions, therefore the board is subject to the environmental group’s attorney fees.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: April 18, 2024, Case #: SCPW-23-471, Categories: Environment, government, Attorney Fees
J. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: Evidence, government, Negligence
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J. Duncan finds the district court properly granted summary judgment in favor of the Coast Guard. A competitor of the dredging barge owner challenged a Coast Guard ruling the barge was made in the U.S., allowing for its use in U.S. waters. Though the vessel used foreign-made appliances, the Coast Guard correctly ruled the barge is considered to be U.S.-built. The court properly deferred to the Coast Guard’s reasonable interpretation of its own regulations, and the ruling is not arbitrary or capricious. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: April 17, 2024, Case #: 23-20118, Categories: government, Maritime
J. Mclish denies the contractor’s appeal claiming it was underpaid by the Army Corps of Engineers to construct a seepage berm at a state prison in Louisiana. The contract contained an estimation of compacted fill amount, providing that the contractor would be paid the actual amount used as measured by the Corps’ surveys. The contractor raised no objection involving the survey that was conducted, which indicates its understanding of the contract was the same as the Corps’. Though the contractor now offers a different interpretation of the contract regarding its excavation and removal of organic material, it gives no evidentiary support that it held this interpretation all along.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish, Filed On: April 17, 2024, Case #: 63632, Categories: government, Military, Contract
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: government, Health Care, Public Record
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: Fraud, government, Immigration
J. Zipps denies the Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity's motion for restraining order and injunctive relief concerning claims that the U.S. Bureau of Land Management violated the National Historic Preservation Act by authorizing the construction of a transmission line without taking measures to assess the impact it would have on the Traditional Cultural Properties and local Native American tribes. The land management authority presented sufficient evidence in court that it properly solicited feedback from the tribes during the process and invited them to consult on various assessments on the historic property.
Court: USDC Arizona, Judge: Zipps, Filed On: April 16, 2024, Case #: 4:24cv34, NOS: Environmental Matters - Other Suits, Categories: Construction, government, Native Americans
J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: government, Vehicle, Negligence
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, government, Employment Retaliation
J. Devine finds that the court of appeals improperly ruled against a private developer in a contract case it filed against the City of San Antonio water system. Based on a contract it formed with the city, the developer alleged that the city was obligated to reserve sewer capacity for a housing development project. The court of appeals granted the city's motion to dismiss the case, citing governmental immunity, and finding that the city had no contractual right to reserve the capacity. However, the contract entered into by the developer and the city waived the city's immunity because it effectively outlined the terms of the project, forming an agreement between the parties. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: April 12, 2024, Case #: 22-0481, Categories: government, Water, Immunity
J. Hiraoka finds an environmental court properly determined that the conservation group was not entitled to a contested case hearing over the renewal of permits to divert water from a Maui river. The group did not have a constitutionally protected property interest in the permits based on rights to a clean and healthful environment. The permits do comply with environmental regulations and governmental interest in the providing water to its communities overweighs the need for a contested case hearing. However, when the permits were continued, the environmental court should not have modified the conditions to limit stream diversions as the board should have authority over modifications. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: April 12, 2024, Case #: CAAP-22-516, Categories: Environment, government, Water
J. Reiber finds that the environmental court improperly denied the town’s request for reconsideration in this interlocutory appeal. The town argues the tolling provisions do not apply in municipal panel appeals and the request was not filed with the court making it not formal. The appeals court is unpersuaded tolling under judicial economy is required. Accordingly, the claims are remanded for lack of jurisdiction and the environmental court was untimely. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 12, 2024, Case #: 23-AP-247, Categories: Environment, government, Jurisdiction
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: government, Water, Immunity
J. O'Connell denies the contractor's motion for judgment on the pleadings. Contracted to furnish and deliver food in Afghanistan, the contractor was paid with some flexibility in its unit pricing. The contractor later disclosed a former employee had engaged in bid rigging, which resulted in higher prices. Though the contractor says the government's bringing of another supplier into the contract results in its having no right to recover funds, this did not give the contractor a right to charge more because of its corrupt employee. The contractor had a duty to comply with the law and the contract.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: April 12, 2024, Case #: 60309, Categories: Fraud, government, Contract
J. Wilkinson finds the lower court properly granted summary judgment to the agency. Under the Medicaid Drug Rebate Program, a drug manufacturer that increases its prices faster than inflation rises must reimburse Medicaid for the difference. These reimbursements are paid via rebates. Primarily, each drug’s rebate amount is usually determined based on its own original price and inflation clock, but not always. Congress has instructed in the Medicaid statute that some “line extension” drugs can be on the hook not only for their own price increases but also for the price increases of the drugs they evolved from. The agency promulgated a regulation that set forth criteria for what constitutes a line-extension drug that the pharmaceutical company claims expanded the definition of a line extension beyond what the Medicaid statute permitted. Each departure of the regulatory text is patently superficial, with no discernable effect on the term’s reach. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: April 10, 2024, Case #: 23-1457, Categories: government, Medicaid, Agency
J. Boasberg grants the National Labor Relations Board's motion to dismiss the Starbucks employees' action challenging procedures that protect against the removal of Board members. The employees have not shown that they have suffered an injury because of the protections, which are intended to maintain the independence of the agency, and their claims that the protections violate the Constitution's separation-of-powers guarantees also fail on their merits.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 10, 2024, Case #: 1:23cv2954, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, government, Labor / Unions
J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Water
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv585, NOS: Torts to Land - Real Property, Categories: government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv587, NOS: Torts to Land - Real Property, Categories: government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords that evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv588, NOS: Torts to Land - Real Property, Categories: Environment, government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv584, NOS: Torts to Land - Real Property, Categories: government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv583, NOS: Torts to Land - Real Property, Categories: government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv586, NOS: Torts to Land - Real Property, Categories: government, Landlord Tenant