42 results for 'judge:"Boasberg"'.
J. Boasberg partially grants the Justice Department's motion for summary judgment in the public-policy organization's Freedom of Information Act suit seeking the release of communications regarding a dismissed FBI agent alleged to have leaked information to the media and improperly discredited information about Hunter Biden. He also partially grants the organization's cross-motion for summary judgment. While the Bureau is correct that some of the requested records are subject to FOIA exemptions for law-enforcement records and invasions of privacy interests, the balance of interests favors release of non-law-enforcement records containing the agent's last name and the term "whistleblower," or the agent's last name with the last name of his accuser, "Grassley."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 29, 2024, Case #: 1:23cv1148, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Boasberg largely grants the employer and co-worker's motion for summary judgment in the employee's suit against them alleging that his hours were cut and he was terminated after objecting to discriminatory comments by the coworker. The employee has adequately pleaded that the employer's stated reason for a reduction of overtime opportunities was pretextual, but has not made that same showing for his other claims.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 25, 2024, Case #: 1:23cv275, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Boasberg denies the union's former national secretary-treasurer's motions for a new trial and attorney fees in his suit against the union alleging that he was improperly disciplined for sending a campaign email to members in his run for the union's presidency. The jury's verdict, which found the union liable for the secretary-treasurer's first removal from office but not his second and awarded him no damages, does not represent an impermissible compromise since there is no inherent conflict between the liability finding and the decision not to award damages. The court also did not err in issuing an instruction requiring that he prove by a preponderance of the evidence that the union removed him from his position because of protected speech, and the court's decision not to issue a nominal-damages instruction did not preclude a finding of nominal damages. That issue was also not preserved. Evidence of reputational harm was not improperly excluded, or indeed excluded at all. Finally, attorney fees are not appropriate because, whether or not he could be counted as "successful" in this suit, members of the union were not benefited by that victory and the secretary-treasurer has repeatedly engaged in vexatious litigation behavior.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 22, 2024, Case #: 1:17cv1867, NOS: Labor/Management Relations - Labor, Categories: Employment, Labor / Unions
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Premises Liability
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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. Boasberg rules in favor of the Department of Defense on the Fifth Amendment claim brought by a Palestinian man working in military intelligence. He lost on his claim before, and proposes amending it, but the DoD is right to say the amendments are futile.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: March 29, 2024, Case #: 1:23cv1471, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Arbitration, Civil Rights, Ada / Rehabilitation Act
J. Boasberg denies, in part, the Department of Health and Human Services' motion for summary judgment on a nonprofit's Freedom of Information Act case seeking records related to homeopathic medicine. The department fails to prove that certain redacted, commercial information is privileged and confidential, nor has it shown it conducted an adequate search for certain materials.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: March 14, 2024, Case #: 1:21cv3118, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Boasberg denies, in part, the Department of Defense's motion to dismiss a military member's Freedom of Information Act, equal protection and race discrimination action arising from the revocation of his security clearance. He has sufficiently alleged certain aspects of his Privacy Act and Freedom of Information Act claims.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: January 22, 2024, Case #: 1:23cv1471, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Privacy, Military
J. Boasberg refuses, in part, to dismiss a group’s constitutional claims challenging the transit authority’s content-based rejection of its ads criticizing government-funded animal experimentation. The group has adequately stated a First Amendment claim regarding the transit authority's guideline that states advertisements "intended to influence members of the public regarding an issue on which there are varying opinions are prohibited."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: January 5, 2024, Case #: 1:23cv1866, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, First Amendment
J. Boasberg dismisses a student's claims against Georgetown University arising from his dismissal from its school of medicine and a dean's allegedly inappropriate relationship with him. Most of his claims are untimely, and he fails to specify any terms of the contract between the parties and, therefore, cannot demonstrate the university's breach.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 15, 2023, Case #: 1:23cv2058, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Contract
J. Boasberg grants, in part, a motion for default judgment filed by victims of Al-Qaeda terrorist attacks and their families. An estate and family members have sufficiently supported their claims for wrongful death and intentional infliction of emotional distress.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 5, 2023, Case #: 1:20cv3859, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Emotional Distress, Wrongful Death
J. Boasberg denies remaining press application for access to judicial records arising from the government’s investigation into election interference and its search warrant for Twitter records associated with Donald Trump’s account. Further disclosure is not warranted, and the government has shown the extensive redaction necessary to protect its investigation renders the records "of little meaning or value to the public."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: November 29, 2023, Case #: 1:23mc84, NOS: Other Statutory Actions - Other Suits, Categories: Public Record
J. Boasberg grants the Office of Federal Acknowledgment's motion to dismiss a tribe's action challenging the agency's refusal to grant it federal recognition. The tribe lacks standing to bring an unreasonable delay claim, and, although it refers to the Administrative Procedure Act, it fails to identify a final agency action it seeks to challenge.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: November 1, 2023, Case #: 1:23cv54, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government
J. Boasberg dismisses a research firm's claims against a group of attorneys and law firms in connection with $30,000 in research done into potential bias in the D.C. jury pool for the Proud Boys' trial that it was allegedly never paid. The firm fails to state a claim for copyright infringement, and the remaining claims are state law-based.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: September 19, 2023, Case #: 1:23cv523, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction, Contract
J. Boasberg denies, in part, an individual's motion to add an additional Freedom of Information Act claim to her case against the district, in which she claims it delays responding or denies requests for information from those who are critical of the police department. The individual failed to diligently pursue the new claim before the deadline to amend had passed.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: August 30, 2023, Case #: 1:22cv277, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Public Record, First Amendment