1,070 results for 'cat:"Government"'.
J. Kobayashi partially excludes reports and testimony from a doctor and toxicology expert who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. The doctor’s opinions on the contamination causing the families’ short term medical issues are admissible as long as they do not rely on studies done exclusively on animals. The doctor cannot testify as to the long term effects, however, as he does not establish specific causation to the jet fuel.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 9, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, government, Water
J. Ramirez vacates the district court's denial of a motion for a preliminary injunction filed by Indian nationals who challenge the Secretary of State's distribution of visas. Because visa demand was high, the nationals' applications were held in abeyance until visa numbers were available - a delay they challenge. However, U.S. code governing discretionary relief prevents federal courts from hearing a challenge to the department's hold policies, as the actions are left to the discretion of the Attorney General. Vacated.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 9, 2024, Case #: 23-40398, Categories: government, Immigration, Agency
J. Kobayashi partially excludes reports and testimony from three psychologists who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. Testimony from two of the doctors are admissible, as they did conduct full interviews of their patients, including the minors. Information gathered from the parents about their children is admissible as first-hand knowledge when minors are involved is not required. A third doctor is not a physician or military medicine expert so portions of his testimony are excluded, but his testimony on the families' trauma is admissible.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 8, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, government, Water
J. Burroughs denies a Haitian politician’s motion for judgment as a matter of law, or a new trial, because he was required to pay more than $15 million in damages to the family members of and supporters of a man who he killed, some of whom he also tortured and attempted to kill. The expert testimony presented to the jury did not result in a miscarriage of justice.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: April 8, 2024, Case #: 1:17cv10477, NOS: Other Statutory Actions - Other Suits, Categories: government, International Law, Assault
J. Becerra grants summary judgment to the U.S. Department of Health and Human Services in a dispute with the State of Texas and a pharmacy over the Affordable Care Act. Those suing parties argued that federal anti-discrimination laws referenced in the Affordable Care Act, including those protecting pregnant people, could force the pharmacy to dispense abortion-inducing medication in violation of state law and the pharmacy's sincerely held religious beliefs — but “much to the court’s surprise,” HHS has repeatedly stressed this is not the case and has issued revised guidance clarifying that pharmacies do not have to fill prescriptions for abortion medications, and as such, there is no “legally cognizable interest” in the outcome of the case, so it is moot.
Court: USDC Western District of Texas , Judge: Becerra, Filed On: April 5, 2024, Case #: 7:23cv22, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, government, Health Care
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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. Cain denies a request by a surplus line insurance company to dismiss a parish sheriff’s suit for damages to a public building caused by two hurricanes and a winter storm. The insurer argues coverage of the damaged building should be voided to the sheriff’s “misrepresentations” on ownership. The insurer has not shown how certain statements by the sheriff’s office are material to the insurer’s claims, “let alone pointed to any circumstances that they were made with the intent to deceive.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 3, 2024, Case #: 2:21cv3947, NOS: Insurance - Contract, Categories: Fraud, government, Insurance
Per curiam, the Fifth Circuit finds the district court properly dismissed the voters’ suit challenging Texas’ use of electronic voting machines. The generalized grievance that all voters’ votes are made vulnerable by the machines does not confer standing. Though certain of the voters ran for office, and one currently holds office, candidate-specific injuries exist nowhere in the complaint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 23-10936, Categories: Civil Rights, Elections, government
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: government, Jurisdiction, Contract
[Consolidated.] J. Melnick denies the Army Corps of Engineer’s motion to dismiss. The contractor seeks $962,775 in costs related to its building a disputed access road for its contract to design and construct a seepage barrier at the Portsmouth, Ohio, levee. The contracting officer provided the contractor with a date for its final decision without providing an explanation, and the contractor submitted its certified claim. The contractor has filed most claims in these consolidated appeals within the default period.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: April 3, 2024, Case #: 63641, Categories: government, Contract
J. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: Elections, government, Attorney Fees
[Consolidated.] J. Schroeder denies the North Carolina Board of Elections’ motion to dismiss several voter advocacy groups’ complaint that a particular bill allegedly threatens voter protections. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The advocacy groups have shown here, and in other recent litigation, plausible evidence that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more harmful than the possible injury to the government if the process remains the same.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 2, 2024, Case #: 1:23cv878, NOS: Voting - Civil Rights, Categories: Elections, government
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: government, Tax, Native Americans
J. Cartwright partially denies the government's motion to dismiss the government-contracted worker's complaint alleging that his excavator slid on the government's forest route, leading to his injuries. The government seeks to dismiss the worker's claims based on the discretionary function exception to the Federal Tort Claims Act, but the worker's claim that the Forest Service allowed logging to begin over the stretch of road where the worker's accident happened despite the contractor pointing out the hazard of an eroded shoulder survives, because that depends on disputed facts that must be resolved at trial.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 2, 2024, Case #: 3:22cv5303, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Tort
J. Kobayashi partially dismisses a Big Island resident’s claims against the government surrounding safe driving conditions on the island, along with several claims related to his arrest. The government and its agents have immunity in their official capacities but, even in their individual capacities, the resident does not show how they are responsible for what he says is a lack of streetlights and unfair vehicle safety inspections. Claims stemming from his arrest are also denied as he should challenge those in the pending criminal case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 2, 2024, Case #: 1:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: government, Negligence, Police Misconduct
J. Johnson reverses the district court's denial of the Minnesota Department of Transportation's motion for judgment as a matter of law in a case surrounding a road-construction contract, but affirms its entry of judgment in favor of the contractor on a claim for statutory interest penalties. The contractor did not provide evidence sufficient to prove that the Department breached the implied covenant of good faith and fair dealing, specifically failing to demonstrate that the Department's refusal to approve all of the contractor's requested haul roads was motivated by an improper ulterior motive. Desire to reduce damage to county roads as requested by the county is not such an improper motive, and the Department's disapproval of the use of certain roads for hauling is among the risks the contractor expressly assumed. The Department did, however, agree to pay additional compensation to the contractor, and that compensation is therefore an "undisputed billing" incurring interest penalties for untimely payment. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 1, 2024, Case #: A23-0664, Categories: government, Contract
J. Friedrich grants the Department of Justice's motion for summary judgment and partially grants the nonprofit's motion for summary judgment in the nonprofit's Freedom of Information Act action seeking records on the procurement of lethal-injection drugs. The names of contractors providing the drugs are confidential commercial information, as are key contract terms, and the department has shown that foreseeable harm would result from their disclosure. The department has, however, waived an exemption for some materials by publicly sharing it elsewhere. The department is ordered to produce sixteen challenged records and five publicly disclosed records for in camera review.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 31, 2024, Case #: 1:19cv3626, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Public Record
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: Fraud, government, Contract
J. Jackson grants the Department of Energy's motion for summary judgment in the nonprofit's Freedom of Information Act suit seeking information on an ethics matter involving a former deputy assistant secretary. Documents withheld in the Department's original response to the nonprofit's FOIA request fell under an exemption for attorney work product, attorney-client privilege and deliberate process privilege. The privacy interest involved in the redaction of two documents related to a conflict of interest outweighs any public interest in those documents.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 30, 2024, Case #: 1:21cv2486, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Privacy, Privilege
J. Ballou grants the county's motion to dismiss a waste management company's request for a declaratory judgment in a challenge to the county's waste control ordinances, which give the public service authority the exclusive right to collect solid waste in the county. The ordinance's plain language does not carve out exemptions for collecting industrial and commercial waste, as the company contends.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv327, Categories: government, Municipal Law
J. Faber adopts the proposed findings and recommendation by the magistrate judge, and grants the public transportation agency's motion for summary judgment in the legally blind passenger's complaint accusing it of civil rights violations when it excluded him from riding the bus after defending himself in a fight with other passengers the day before. The court finds the agency neither violated his constitutional right to self-defense nor denied him access to public accommodations when it placed him on a 30-day suspension from its services due to his violation of the agency's code of conduct when he became verbally abusive with the other passengers after they refused his requests they move to other seats.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: March 29, 2024, Case #: 1:21cv425, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Transportation
J. Osteen denies the state department of health and human services’ secretary’s motion to dismiss allegations of disability discrimination brought by a class of parents and guardians of disabled children. The class shows sufficient evidence that hundreds of children with disabilities are unnecessarily institutionalized at understaffed state psychiatric wards every year in North Carolina. The children are subject to physical, emotional and sexual abuse and given heavily mind-altering drugs by untrained employees in violation of the ADA, specifically the Olmstead Act.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv1046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, government, Class Action
[Consolidated.] J. Eagles grants a woman’s applications to proceed without prepaying fees and costs in this pro se action against the federal government and YouTube simply to allow the court to recommend dismissal. The woman appears to make sweeping statements regarding institutionalized racism against her and her family imposed by the federal government. She also claims that YouTube has been harassing her with its content even though she has communicated with it that she has mental health difficulties and it should stop. Both allegations fail to state a claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:24cv234, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Technology
J. Smith finds that the trial court properly issued an injunction stalling an investigation that the Texas Department of Family and Protective Services is pursuing against a family based on gender-affirming care. However, the lower court improperly ruled against Gov. Abbott, as the family does not have standing to sue him. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 29, 2024, Case #: 03-22-00126-CV, Categories: government, Jurisdiction, Lgbtq
J. Biggs grants the federal government’s motion to dismiss tort allegations brought by an immigrant man who had temporary protected status when ICE arrested him. ICE agents pulled the man and his son over, citing issues with the man’s license plate. The details that followed are contested between the parties, but the man alleges he was falsely arrested and imprisoned in shackles for six or seven hours, then inexplicably let go a 25-minute drive from his vehicle. Thanks to an exception to the Federal Tort Claims Act, the ICE agents are immune from the suit.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:22cv1008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Immigration, Immunity