138 results for 'cat:"Military"'.
J. Ohlson finds that the U.S. Air Force Court of Criminal Appeals improperly set aside and dismissed defendant’s Article 134 charge relating to indecent conduct for performing sexual acts upon a childlike sex doll. Article 134 gives “fair notice to servicemembers of ordinary intelligence that engaging in sexual acts with a lifelike child sex doll falls squarely within the president’s definition of indecent conduct.” Reversed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: May 8, 2024, Case #: 23-0134, Categories: military
J. Dietz declines to dismiss claims in which servicemen and servicewomen contend they suffered adverse personnel actions due to the Covid-19 vaccine mandate because service members sufficiently pleaded entitlement to backpay since the mandate was unlawful in light of the lack of FDA licensing for the vaccine.
Court: Court of Federal Claims, Judge: Dietz, Filed On: May 2, 2024, Case #: 23-211, Categories: Covid-19, military
J. Stinson grants the government's motion for summary judgment. Contracted for the design and construction of various Afghan Army/Air Force enhancements for the airport at Mazar-e-Sharif, Afghanistan, the Taliban's takeover required the contractor to evacuate the project site. The contractor alleges that the government failed “to make a timely decision... which would have enabled [it] to demobilize...” Though the contractor says the Taliban’s actions at the airfield should have been anticipated, it has not alleged that the damages it sustained were foreseeable based upon the government’s alleged breach.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: April 22, 2024, Case #: 63414, Categories: International Law, military, Contract
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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. Sweet grants the Navy's motion for summary judgment. The contractor left a wooden wedge in a gearcase of the Navy helicopter-landing vessel's transmission while performing testing, which was pulverized by a pre-acceptance engine start. The Navy refused to cover costs of the debris clean-up and the contractor says this violates the liability and insurance clause of the contract. There is no genuine issue of material fact. The costs of removing the wood-debris occurred due to the contractor's defective workmanship.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet , Filed On: April 16, 2024, Case #: 62817, Categories: Insurance, military, Contract
J. Allen sets aside the Board of Veterans Appeals decision denying the service-voided veteran's request for benefits. The veteran's service was voided after his enlistment on grounds he lied about his criminal record. Though voided service is generally equivalent to a dishonorable discharge, the board potentially applied the incorrect legal framework with unclear analysis. The board must clarify whether regulation involving dishonorable discharge or voided service specifically applies.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: April 11, 2024, Case #: 21-6977, Categories: Fraud, Veterans, military
J. Moss grants the Air Force's motion for summary judgment as to the former employee's Freedom of information Act claim, but declines to dismiss his Privacy Act claim. The documents the employee seeks, related to a medical-malpractice investigation and finding, were produced or compiled for a medical quality assurance program, and are protected from disclosure under a FOIA exemption for such documents. The motion to dismiss the Privacy Act claim on its merits is premature, as the employee has not alleged or shown that he has exhausted his administrative remedies for the claim. He is ordered to show cause as to why the court has subject matter jurisdiction over this claim, so that jurisdictional questions can be litigated.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 31, 2024, Case #: 1:23cv473, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Privacy, Jurisdiction, military
J. Kovner dismisses outright a former Army National Guard servicemember’s civil rights complaint filed against various state and federal agencies claiming he was unlawfully separated from the military and denied basic allowance and family separation pay as well as reimbursement for travel expenses. The court finds the Court of Federal Claims has sole jurisdiction over his claims for unlawful separation, and the rest of his claims are either barred by sovereign immunity, fail to state a claim, failed to exhaust all administrative remedies, frivolous or were brought under statutes which do not afford a private right of action.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 21, 2024, Case #: 1:22cv6505, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Jurisdiction, military
J. Giles grants the home owners' association's motion to dismiss claims they violated the Servicemembers Civil Relief Act and Fair Housing Act. The servicemember, new to the neighborhood, believed the home owners' association denied his request to build a fence and a second driveway because of his South Asian ethnicity. The Acts are intended to protect vulnerable people from eviction, but the servicemember failed to identify any specific parts of the Acts the HOA violated in what they say was a purely aesthetic decision that had nothing to with his ethnicity.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 5, 2024, Case #: 1:23cv551, NOS: Other Civil Rights - Civil Rights, Categories: Property, Housing, military
J. Taranto finds that the court of federal claims properly ruled in claims brought by involuntarily retired members of the Coast Guard because their involuntary retirements were not part of a reduction in force and thus were unlawful. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: March 1, 2024, Case #: 3/1/24, Categories: Employment, military
[Consolidated]. J. Singh finds a lower court properly dismissed a Russian boat owner's motion for the release of a yacht detained in the Canary Warf. The Russian boat owner argued that the Secretary of State wrongfully issued the detention of the yacht. However, the detention was proper under U.K. foreign policy due to the fact that the vessel was used by Russia to invade Ukraine. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: February 27, 2024, Case #: CA-2023-1658, Categories: Admiralty, Government, military
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on an association's Freedom of Information Act case seeking records related to the policies of the department's police force at VA facilities. Certain withheld information is segregable and must be disclosed.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 27, 2024, Case #: 1:21cv1298, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Veterans, military
J. Crabtree rules a U.S. Army Colonel may pursue declaratory and injunctive relief concerning a commanding officer's issuance of a Military Protective Order, banning him from contacting his daughters, who claim that he sexually abused them. The father sufficiently showed in court that the protective order violates his due process rights based on the lack of a hearing.
Court: USDC Kansas, Judge: Crabtree, Filed On: February 26, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, military, Injunction
J. Holroyde finds a lower court improperly dismissed a former ear, nose, and throat surgeon's for monetary relief under the Armed Forces and Reserve Forces plan. The Secretary of State for Defense argued that it properly compensated the former surgeon for his moderate functional restrictions. However, the former surgeon sufficiently showed in court that he is entitled to a higher reward based on his depressive adjustment disorder stemming from his service in the Royal Navy from 1990 to 2017. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Holroyde, Filed On: February 23, 2024, Case #: CA-2023-1072, Categories: Damages, military
J. Taylor denies the Navy's motion for summary judgment on a contractor's action seeking payment for costs incurred due to severe weather. It alleges the government building project design changes on the joint reserve center in Des Moines, Iowa pushed construction into adverse weather periods. Though the government says the contractor signed a release resolving all costs, impact effect and delays arising out of or incidental to changes, material factual disputes remain as to whether the parties had a meeting of the minds as to the substance of the release.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: February 22, 2024, Case #: 63291, Categories: Government, military, Contract
J. Arnett denies the Army's motion to dismiss the contractor's appeal. The contractor filed an appeal from the denial of its claim involving missing trucks arising from orders against a blanket purchase agreement for the government to place call orders for material-handling equipment in Erbil, Iraq. The board lacks sufficient information to resolve the dispute over whether the claim for missing trucks includes separate claims or is one claim arising from the same facts.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: February 15, 2024, Case #: 63522, Categories: Government, military, Contract
J. Eyester denies the Navy's motion for summary judgment. The contractor appeals the partial denial of its claim for compensation related to asbestos abatement at a building on Marine Corps Base Camp Pendleton, California. The contractor, after the unforeseen finding of asbestos during its renovation, claimed defective specifications and submitted a cost proposal for its proposed change to demolish and replace walls. The matter was insufficiently briefed and there are disputed facts regarding the number of days of delay, and whether any government-caused delays were concurrent with delays within the contractor's control.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: February 13, 2024, Case #: 62627, Categories: Government, military, Contract
J. Myers and three additional judges grant the federal government’s motion to strike the jury trial demand brought by a group of military service members and their families in an ongoing dispute about allegedly contaminated water at Camp Lejeune. The service members and families claim some of them developed cancer or died after exposure to toxic substances in the water when they lived at the military base. The government enacted a law allowing affected individuals to sue it under certain conditions, but nothing in the law requires a jury trial.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: February 6, 2024, Case #: 7:23cv897, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Water, military
J. Walker grants the government's motion for summary judgment in a negligence suit. A sailor fought with a British sailor at a bar near the base, causing the sailor to suffer severe damage to his left eye. Despite repeated requests to be evacuated to the United States, the Navy said he was cleared to remain on duty. When he finally got back to the U.S. on leave, a doctor found a permanent injury that could have been prevented if he had surgery to repair the eye closer to the time of the incident. The claim is barred by sovereign immunity as it was the Navy doctors' judgment to clear him for work and deny his evacuation request.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: February 6, 2024, Case #: 2:22cv527, NOS: Marine - Contract, Categories: Immunity, Negligence, military
J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, military
J. Robertson grants summary judgment to the U.S. Department of the Army in this employment discrimination lawsuit, alleging age and gender discrimination. The employee fails to show that her non-selection for a promotion was based on a retaliatory motive. Also, the government has shown that an interview panel recommended another candidate for the vacancy "based on the quality of his interview performance."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: January 29, 2024, Case #: 6:19cv437, NOS: Employment - Civil Rights, Categories: Employment Discrimination, military, Employment Retaliation