26 results for 'judge:"Moss"'.
J. Moss finds in favor of the U.S. Fish and Wildlife Service and Wyoming in the environmental groups' suit challenging the reclassification of the once nearly extinct black-footed ferret as a "nonessential experimental population" under the Endangered Species Act. The environmental groups have not shown that the Service's decision violated the Act by any of the four theories they advance. They also have not shown that the Service's environmental assessment and finding of no significant impact were deficient.
Court: USDC District of Columbia, Judge: Moss, Filed On: September 5, 2024, Case #: 1:21cv2864, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment
J. Moss finds in partial favor of the sugar substitute maker in its suit challenging the regulator's decision to treat its product like a traditional sugar on food labels. Summary judgment is granted to the substitute maker on its Administrative Procedure Act claim, since the regulator has not adequately explained its denial of the substitute maker's petition for exemption of its product from labeling requirements for added sugars, and particularly failed to explain the use of calorie counts as the major basis of that decision when previous decisions also took metabolic factors into account. Cross-summary judgment motions on a First Amendment claim are premature.
Court: USDC District of Columbia, Judge: Moss, Filed On: August 28, 2024, Case #: 1:23cv645, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, First Amendment
J. Moss dismisses the heir’s complaint seeking funds from the Native American nation that she claims are owed to her under an 1866 treaty as a descendant of Cherokee Freedman. The nation has not waived its sovereign immunity. Her claim against the Director of the Bureau of Indian Affairs fails because she has not specifically alleged that he violated the Constitution in connection with her claims.
Court: USDC District of Columbia, Judge: Moss, Filed On: August 16, 2024, Case #: 1:23cv1422, NOS: Other Contract - Contract, Categories: Native Americans, Immunity, Contract
J. Moss grants the law firm's motion for summary judgment in the mortgagor's suit alleging that the firm made false statements to a court in its efforts to foreclose on her mortgage on behalf of a dismissed party, the mortgagee. The evidence in the record is insufficient for a reasonable jury to find that the statements the law firm made in the foreclosure action were materially false or misleading.
Court: USDC District of Columbia, Judge: Moss, Filed On: August 13, 2024, Case #: 1:19cv3012, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Foreclosure
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J. Moss denies the paramedics-turned-firefighters' motion for an injunction requiring that their employer credit them with their years served as paramedics for the purposes of calculating retirement fund benefits, and grants the employer's motion to dismiss their suit as to 15 of their 20 asserted claims. The injunction motion is, in effect, a summary judgment motion and a request for a permanent injunction, and the firefighters have not demonstrated that they are entitled to prevail on the merits of their case, nor have they demonstrated a likelihood to suffer an irreparable injury. The firefighters' disparate-treatment claim, alleging that the failure to credit these years stems from racial discrimination, is premised on conclusory allegations. One firefighter's individual Section 1981 claim fails because he has not sufficiently supported an inference of discriminatory intent, but another's claims under Section 1981, Title VII and the D.C. Human Rights Act survive dismissal. The firefighters remaining claims under D.C. statutes and common law are dismissed, as the court declines to exercise supplemental jurisdiction over them.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 26, 2024, Case #: 1:23cv1564, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Class Action
J. Moss denies the gun dealers' organization's renewed motions to intervene in the city government's Freedom of Information Act suit seeking firearm trace records to identify the sources of guns used in crimes in the city. The organization, a private party, cannot step into the shoes of a federal agency to assert FOIA exemptions the agency has not, and it has not established either associational or organizational standing.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 21, 2024, Case #: 1:23cv3762, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record, Jurisdiction
J. Moss partially grants the Medicare Advantage plan providers' motion for summary judgment in a suit alleging that the Centers for Medicare and Medicaid Services' calculation of its 2024 "star ratings" for such plans was contrary to its own regulations. The Centers' changes to their method of calculating such ratings, which involved removal of far-outlying plans from its data set, improperly changed the lines between particular star ratings by more than the maximum of 5% without changing the rule which set that maximum. The plan provider's star ratings are set aside and the Centers are ordered to redetermine them.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 7, 2024, Case #: 1:23cv3902, NOS: Medicare Act - Contract, Categories: Administrative Law, Medicaid, Medicare
J. Moss partially grants the FDA's motion for summary judgment and the tobacco vaporizer maker's cross-motion for summary judgment in a Freedom of Information Act suit brought by the vape maker seeking information on its denied premarket tobacco applications. The FDA's withholding of records under an exemption for "inter-agency or intra-agency memorandums or letters" was proper because those documents were part of the deliberative process, regardless of the vape maker's various arguments that they were produced after the agency's decisions were made, because they were nevertheless produced before those decisions were finalized and published. Memos summarizing scientific data also are not privilege-free scientific reports in this case, since they were compiled for deliberative purposes. The agency has also established that the release of withheld memos would cause foreseeable harm and would chill the ongoing supervisory review process.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:22cv2853, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Government, Public Record
J. Moss denies the state of Florida's motion seeking a stay of an injunction entered in a suit brought under the Endangered Species Act pending appeal. Staying the decision would, in effect, deny the environmental groups the preliminary injunctive relief they sought, so the public interest and risk of injury to those groups weigh against a stay. Florida, meanwhile, has not demonstrated that it is likely to suffer an irreparable injury absent a stay, nor that it is likely to prevail on appeal.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment
J. Moss denies the state of Florida's motion for a stay of a prior order granting partial summary judgment to environmental groups in a suit alleging that federal regulators improperly delegated permitting authority to Florida regulators, and denies its motion for final judgment while granting its alternative request for relief in the form of partial final judgment. A limited stay in this case “is neither workable nor desirable,” and would require the Court to develop a program splitting work between different agencies over those agencies’ objections and result in needless redundancy. The final judgment motion is denied because one count, regarding the Army Corps of Engineers’ retained waters list, has remaining controversies to resolve. This count, however, is substantially distinct from the other counts in its legal theory and the administrative record it involves, so final, appealable judgment is entered as to the other counts.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 12, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Civil Procedure, Environment
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. Moss denies the Bureau of Land Management and State of Utah's motions for partial dismissal and partially grants their motions for summary judgment in the animal activist group's action challenging their management plans for wild horse populations, and partially grants the activist group's motion for summary judgment. The four ten-year plans the group challenges are set aside insofar as they purport to authorize new gathers of wild horses after achieving "appropriate management levels," but the group's challenge to a specific 2021 gather in the Onaqui Mountain Herd Management Area is moot, its challenge of the ten-year gather plans themselves under the National Environmental Policy Act fails because the Bureau sufficiently analyzed them under NEPA, and its claim that the Bureau departed from prior policy without an explanation does not identify a specific requirement that the bureau has failed to meet. All these are therefore dismissed.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 30, 2024, Case #: 1:18cv2029, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Moss refuses to issue Meta Platforms an injunction preventing the Federal Trade Commission from moving forward with modifications to the parties’ previous settlement that would require Meta to institute a more stringent privacy program and data security protections for its users, and restrict its use of facial recognition technology. Meta fails to show the FTC's powers violate due process or right to a jury trial, nor does it show it faces irreparable harm without an injunction.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 14, 2024, Case #: 1:23cv3562, NOS: Other Civil Rights - Civil Rights, Categories: Communications, Constitution, Technology
J. Moss finds for the environmentalist groups on several of their Endangered Species Act claims arising out of their challenge to the EPA’s approval of the state of Florida’s application to assume permitting power under the Clean Water Act within the state. The EPA unreasonably relied on the Fish and Wildlife Service's flawed biological opinion and incidental take statement.
Court: USDC District of Columbia, Judge: Moss, Filed On: February 15, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Moss denies, in part, a feminist organization's motion for summary judgment on its former vice president's claims arising from her removal from office. There are genuine issues of fact regarding her claims for race discrimination, hostile work environment and retaliation, among others.
Court: USDC District of Columbia, Judge: Moss, Filed On: January 22, 2024, Case #: 1:19cv3845, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Moss finds reserves, in part, an order granting an individual's motion to appoint himself as substitute party for the decedent, who won a $7 million judgment against a former business partner. Questions remain whether the individual is required to file an appointment as personal representative of the decedent's estate and, if so, whether he has done so.
Court: USDC District of Columbia, Judge: Moss, Filed On: January 12, 2024, Case #: 1:09cv1642, NOS: Other Contract - Contract, Categories: Wills / Probate, Partnerships, Enforcement Of Judgments
J. Moss finds for the FDA and a pharmaceutical company on a generic drugmaker's challenge to the FDA's tentative, rather than final, approval, which will not allow it to sell its irritable bowel syndrome medication until 2029. The generic drugmaker fails to show the lower court's order addressing the parties' patent issues would have allowed the FDA authority to approve the company's drug prior to 2029.
Court: USDC District of Columbia, Judge: Moss, Filed On: November 1, 2023, Case #: 1:23cv1611, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Patent
J. Moss dismisses an attorney's defamation case against another lawyer whom he claims defamed in an email exchange involved in underlying litigation. Even if defamatory, the lawyer's statement was made in the course of a judicial proceeding and, therefore, is protected by privilege.
Court: USDC District of Columbia, Judge: Moss, Filed On: September 26, 2023, Case #: 1:22cv3106, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privilege