1,070 results for 'cat:"Government"'.
J. Byrne finds that the trial court improperly ruled against a public charter school, denying its plea to the jurisdiction in a breach of contract case filed by a law firm accusing the school of failing to pay for legal services. The law firm failed to show that the contract was ratified by the school board, thus establishing a waiver of immunity. Because such a waiver has not been established, the school's jurisdictional plea should have been granted and the law firm's claims dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: March 29, 2024, Case #: 03-22-00200-CV, Categories: government, Immunity, Contract
J. Bates allows a Department of Homeland Security employee’s race and sex discrimination and hostile work environments claim to proceed, but denies his other retaliation and disability discrimination claims. He was moved from Washington, D.C., to Baltimore after he had an “altercation” with his supervisor.
Court: USDC District of Columbia, Judge: Bates, Filed On: March 29, 2024, Case #: 1:22cv3548, NOS: Employment - Civil Rights, Categories: Civil Rights, government, Employment Retaliation
[Consolidated.] J. Triana finds that the trial court properly issued a temporary injunction in favor of the parents of a transgender child against the Texas Department of Family and Protective Services. The parents sued the department to block it from conducting a child abuse investigation into their decision to provide gender-affirming care to their child. Governmental immunity does not bar the parents' suit. "The families or transgender children have the fundamental right to direct their children's medical care without fear that they will be investigated." Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: March 29, 2024, Case #: 03-22-00420-CV, Categories: government, Jurisdiction, Lgbtq
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J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: government, Water, Negligence
J. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, government, Due Process
J. Eifert grants in part the class of former foster care children's motion for sanctions under Rule 37(e)(1) for the West Virginia Department of Health Services' failure to preserve all electronically stored information (ESI) requested in discovery. Since the spoliation of evidence did slightly compromise the class's ability to present its case demonstrating “systemic deficiencies” in the foster care system, WVDHS is precluded from arguing the deleted ESI would have shown they did not act with deliberate indifference, and it must reimburse the class for their reasonable attorney fees and costs associated with bringing the motion.
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: March 28, 2024, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Discovery
J. Lum finds the lower court properly denied the city's motion to exclude the draft of an annual financial report from the resident's public records request. Although the document was prepared for the benefit of elected officials, it was required to be sent to the state auditor and, therefore, did not involve any official discretion and was not work product subject to exemption under the Colorado Open Records Act. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: March 28, 2024, Case #: 2024COA30, Categories: government, Public Record
J. Rushing finds the lower court properly denied the requested preliminary injunction. The pair of voters argued the state senate districts drawn in 2023 violated the Voting Rights Act of 1965, claiming it effectively disenfranchised Black voters. The voters sought an injunction erasing the current districts and allowing them to draw the lines before the 2024 election cycle. The proximity to the election and not showing the extraordinary circumstances necessary to justify disrupting the status quo before trial makes the injunction not feasible. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: March 28, 2024, Case #: 23-1095, Categories: Elections, government
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: government, Housing, Banking / Lending
J. Kleeh grants the oil and gas service providers' motions to dismiss the whistleblowers' qui tam suit claiming the six companies involved are one interconnected firm with overlapping leadership and organization that share resources, personnel and finances, which should have disqualified them from receiving $13,849,170 in Paycheck Protection Program loans. The whistleblowers failed to provide original source information to the U.S. Department of Justice for consideration of a suit under the False Claims Act, as well as any details of fraud in their amended complaint.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: March 27, 2024, Case #: 1:23cv1, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: government, False Claims
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: Family Law, government, Housing
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: government, Damages, Contract
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, government
J. Chambers grants the transgender woman's motion to amend her complaint to include a claim under the Americans with Disabilities Act, and grants in part the West Virginia Department of Health Service's motion to dismiss the initial complaint seeking injunctive relief for her health maintenance organization to pay for three "medically necessary surgeries" through the state Medicaid program. In addition to demonstrating her ADA claim has merit, the woman makes a plausible denial of equal protection claim when WVDHS "took the 'previously unheard-of step of asking a state court to overturn'" its own Board of Review's eligibility review based solely on her sexual orientation.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 27, 2024, Case #: 3:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Lgbtq
[Consolidated.] J. Lipman denies the laboratory company's summary judgment motion and partially grants the government defendant's competing motion in this lawsuit concerning the company's reimbursements "received on Medicare Part B claims" and an auditor's conclusions that the company was overpaid. The court concludes that the two counts regarding "a potential due process violation around the universe of claims and the failure to include zero-paid claims in the sampling" should be dismissed.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 26, 2024, Case #: 2:22cv2770, NOS: Medicare Act - Contract, Categories: government, Health Care
J. Africk grants an unopposed request by New Orleans’ Inspector General to dismiss claims filed by the former director of the city’s juvenile detention center, who resigned amid media investigations following the OIG’s investigative report alleging long absences from work, neglect of duty and breaches of the city’s swipe-card security system. The ex-director says he was denied due process. He alleged the OIG’s report on him denied him future work opportunities and destroyed his personal business endeavors. Neither harm to the ex-director's reputation nor the consequent impairment of future business or employment opportunities qualifies as a constitutionally cognizable injury.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 26, 2024, Case #: 2:23cv6607, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, Immunity
J. Norton grants the cancer patient's motion for reconsideration. The court awarded summary judgment to the military doctor and government as to the patient's claims the doctor forged his signature on a form consenting to having his prostatectomy performed by a less-skilled surgeon. The patient incurred complications after surgery requiring further medical intervention. A motion in limine has been filed requesting to name a handwriting expert as a witness, and the government has also submitted new evidence. The evidence now is meaningfully different from that before the court on the motions for summary judgment.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 25, 2024, Case #: 2:21cv3801, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, government, Medical Malpractice
J. Hodge finds the former lawmaker and the taxpayer's lawsuit against the Virgin Islands Legislature and its president over the lawmaker's expulsion from the Legislature after an investigation into his alleged sexual harassment of a female employee must be dismissed. The "speech or debate clause" of the Revised Organic Act bars all claims against the president on immunity grounds, as well as the claim for money damages against the Legislature due to that body's sovereign immunity. Remaining claims against the Legislature in the lawsuit not barred on those immunity grounds must be dismissed because they are non-justiciable, as allowing them to proceed would violate the Legislature's authority to "administer its own affairs as a co-equal branch of government," including with regard to actions disciplining or expelling its members.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 22, 2024, Case #: 2024 VI 13, Categories: Constitution, government
J. Myers denies an airline traveler’s motion to set aside judgment after her federal tort claim was dismissed as her reason is not persuasive. Following her suit against some TSA officers for false imprisonment, which was dismissed, she appealed but the pleadings were deficient. She claims that as her mother was severely ill and the traveler herself was 18 years old at the time, she did not have the support she needed to further engage in litigation. However, this does not meet the criteria warranting setting aside judgment under federal rules of civil procedure.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 22, 2024, Case #: 5:21cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, government, Tort
[Consolidated.] J. Crichton finds that the Council of the City of New Orleans has the procedural capacity to sue to seek a declaration that the mayor has acted unlawfully in transferring assets that rightfully belong to the city to private parties regarding a 2020 modification of an agreement between the mayor and certain beneficiaries of a land trust. Under the Home Rule Charter of the City of New Orleans, the council has the power to conduct investigations of “any office, department or board administering the affairs of the City.” Therefore, the council has a right to sue on the contention that the Law Department and the mayor are in direct conflict with the council, and that the suit is “necessary for the assertion or protection of the rights and interests of the city." Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: March 22, 2024, Case #: 2023-C-01106, Categories: Civil Procedure, government
J. Lindbom finds a lower court properly dismissed an energy company's "unfairly distorted" ruling in favor of the secretary of State for energy security and net zero concerning a proposed development of two offshore windfarms. The energy company argued that the proposed development was in the interest of the public. However, the government's impact environmental assessment showed that the majority of nearby landowners objected to the development and that the project would be detrimental to nearby habitats, cultural heritage, and landscapes.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: March 22, 2024, Case #: CA-2023-1527, Categories: Construction, Environment, government