24 results for 'judge:"Moss"'.
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Moss dismisses a charity's contract, promissory estoppel and negligent misrepresentation claims against a Canadian public broadcaster for allegedly reporting it had lied to donors. The district court lacks subject matter jurisdiction under the Foreign Sovereign Immunities Act.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 27, 2023, Case #: 1:22cv340, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction, Contract
J. Moss denies a political committee's motion for a preliminary injunction that would allow it to deliver a petition to Ron DeSantis that includes a list of more than 200,000 supporters who want him to run for president. The Federal Election Commission properly determined the petition is an in-kind contribution and contact list, as it includes the email addresses and phone numbers of each listed supporter.
Court: USDC District of Columbia, Judge: Moss, Filed On: May 17, 2023, Case #: 1:22cv3282, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government