Phil Lyman sought extraordinary relief from the Utah Supreme Court regarding the 2024 primary election for the Utah Republican Party. He requested the court annul the primary election results and certify him as the Republican nominee for Governor in the general election. Lyman argued that the Republican Party’s internal rules should override Utah’s election laws, a claim previously rejected by the court in Utah Republican Party v. Cox. Additionally, Lyman sought the production of voter signatures from nominating petitions and the removal of Lieutenant Governor Deidre Henderson and Governor Spencer Cox from office for alleged malfeasance.The lower courts had not reviewed this case. Lyman filed his petition directly with the Utah Supreme Court, bypassing the district court. He argued that it was impractical to file in the district court due to the urgency of the impending general election deadlines and the long-standing issues surrounding Senate Bill 54, which had been litigated in various courts.The Utah Supreme Court denied Lyman’s petition. The court held that the Republican Party’s internal rules do not override state election laws, reaffirming its decision in Utah Republican Party v. Cox. The court also found that Lyman had not demonstrated why it was impractical to seek relief in the district court and noted that he could not assert claims on behalf of other candidates. Additionally, the court determined that Lyman had not exhausted his administrative remedies under the Government Records Access and Management Act (GRAMA) for his request for voter signatures. Finally, the court found no viable factual or legal basis for Lyman’s request to remove Henderson and Cox from office. Consequently, the court denied Lyman’s petition for extraordinary relief and his related injunction motions as moot. View "Lyman v. Cox" on Justia Law

In January 2019, Ashley Franklin, an inmate at the Franklin County Regional Jail, was transported to a hospital by Jail Sergeant Brandon Price due to illness. During the transport, Price sexually assaulted Franklin. Franklin filed a lawsuit against Price, Franklin County, and two other Jail employees, asserting constitutional claims under 42 U.S.C. § 1983 and related state law claims. She alleged that Price and his superior, Captain Wes Culbertson, were deliberately indifferent to her safety and that Franklin County had inadequate policies and training to prevent such assaults.The United States District Court for the Eastern District of Kentucky granted Franklin’s motion for summary judgment on her Eighth Amendment claim against Price but denied her other claims. The court granted summary judgment in favor of the other defendants, finding no evidence that Culbertson or Franklin County were deliberately indifferent or that the County’s policies were inadequate. The court also found that the County’s previous incidents of misconduct did not establish a pattern of unconstitutional behavior. Franklin’s negligence claims against Culbertson and Jailer Rick Rogers were dismissed, with the court ruling that they were entitled to qualified immunity under Kentucky law.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The appellate court held that Franklin County was not liable under § 1983 because Franklin failed to show a direct causal link between the County’s policies and her assault. The court also found that Culbertson and Rogers were entitled to qualified immunity, as their actions were discretionary and performed in good faith. Franklin’s claims of gross negligence were deemed forfeited due to lack of development in her arguments. The court concluded that Franklin had not established that the County’s policies or training were constitutionally inadequate or that there was a pattern of similar constitutional violations. View "Franklin v. Franklin County" on Justia Law

Plaintiffs, employees of a hospital operated by Alameda Health System (AHS), alleged that AHS violated California labor laws by denying meal and rest breaks, failing to keep accurate payroll records, and not paying full wages. They sought civil penalties under the Labor Code Private Attorneys General Act of 2004 (PAGA).The Alameda County Superior Court sustained AHS’s demurrer without leave to amend, concluding that AHS, as a public entity, was not subject to the Labor Code provisions cited by plaintiffs. The court also dismissed the PAGA claim, reasoning that public entities are not “persons” subject to PAGA penalties.The California Court of Appeal reversed in part, holding that AHS was not exempt from the meal and rest break requirements or the wage payment statutes. It distinguished AHS from state agencies, noting that the enabling statute indicated AHS was not an agency, division, or department of the county. However, the court agreed that AHS was exempt from the wage statement requirements and that it was not a “person” subject to default PAGA penalties.The California Supreme Court reversed the Court of Appeal’s judgment. It held that the Legislature intended to exempt public employers, including hospital authorities like AHS, from the Labor Code provisions governing meal and rest breaks and related wage payment statutes. The Court also concluded that public entities are not subject to PAGA penalties for the violations alleged. The case was remanded to the trial court to reinstate its ruling on the demurrer and conduct any further proceedings as appropriate. View "Stone v. Alameda Health System" on Justia Law

The Idaho Attorney General filed a petition seeking to prevent an initiative from appearing on the 2024 general election ballot. The initiative, proposed by Idahoans for Open Primaries, aims to replace Idaho’s closed party primary system with a non-partisan "top four primary" and implement ranked-choice voting for the general election. The Attorney General argued that the signatures supporting the initiative were obtained through false statements, violating Idaho Code section 34-1815, and that the initiative violated the single-subject rule of the Idaho Constitution by proposing two distinct changes to election laws.The Idaho Supreme Court dismissed the Attorney General’s petition on procedural grounds. The court held that allegations of fraud in the signature-gathering process must first be adjudicated in the district court. The court emphasized that its original jurisdiction to issue writs of prohibition and mandamus is limited and that the Secretary of State has no clear legal duty to invalidate signatures based on alleged fraud without a prior judicial determination. The court also found that the Attorney General’s challenge to the initiative on the grounds that it violated the single-subject rule was not ripe for review, as the initiative had not yet been approved by voters.The Idaho Supreme Court concluded that the Secretary of State’s role in the initiative process is ministerial and does not include adjudicating the validity of signatures based on alleged misrepresentations. The court dismissed the petition, allowing the initiative to proceed to the ballot, but noted that the Attorney General could pursue his claims in the appropriate district court. View "Labrador v. Idahoans for Open Primaries" on Justia Law

The case involves an unfair labor practice dispute between Rieth-Riley Construction Co., a highway construction contractor in Michigan, and Local 324, International Union of Operating Engineers, AFL-CIO. The dispute centers on subcontracting and employee wages. The last collective-bargaining agreement expired on May 31, 2018, and despite multiple bargaining sessions, no successor agreement has been reached. The Union went on strike on July 31, 2019, and picketing incidents ensued, including an altercation where a striking union member, Michael Feighner, assaulted a truck driver, Karl Grinstern.The National Labor Relations Board (NLRB) General Counsel issued complaints against both parties: against the Union for picketing misconduct and against Rieth-Riley for failing to provide requested subcontracting and employee information. An Administrative Law Judge (ALJ) found that Rieth-Riley violated the National Labor Relations Act (NLRA) by not providing the requested information and that the Union violated the NLRA when Feighner assaulted Grinstern. The ALJ ordered Rieth-Riley to provide the requested information and the Union to cease and desist from such misconduct. The NLRB affirmed the ALJ’s decision with a slight modification.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that President Biden lawfully removed the NLRB General Counsel, and the General Counsel had unreviewable prosecutorial discretion. The court found substantial evidence supporting the ALJ’s conclusions that the requested information was relevant to the Union’s bargaining responsibilities and that Rieth-Riley’s refusal to provide it violated the NLRA. The court also upheld the finding that the Union’s assault on Grinstern was an unfair labor practice. The court denied Rieth-Riley’s petition for review and granted the NLRB’s cross-application for enforcement of its order in full. View "Rieth-Riley Construction Co. v. National Labor Relations Board" on Justia Law

Three licensed substance use disorder professionals, referred to as the Counselors, were employed by NCG Acquisition, LLC and NCG CARE, Inc. They allege that they were wrongfully terminated after attempting to ensure a client received appropriate care. The Counselors had recommended that a client in severe distress be moved to inpatient treatment, but their supervisor, Jessica Tewell, altered their recommendation, preventing the client from receiving the necessary care. The client subsequently died of a drug overdose. The Counselors reported their concerns internally and were terminated shortly thereafter.The Counselors filed a lawsuit in the Western District of North Carolina, claiming wrongful termination in violation of public policy under the North Carolina Substance Use Disorder Professional Practice Act (SUDPPA) and its regulations. The district court dismissed their complaint, concluding that while SUDPPA constitutes an expression of public policy, the Counselors failed to allege a plausible claim that their termination contravened specific SUDPPA regulations.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that SUDPPA and its regulations indeed represent the public policy of North Carolina. The Counselors plausibly alleged that their termination was in retaliation for actions taken in compliance with their professional obligations under SUDPPA, such as protecting client welfare and maintaining accurate records. The court concluded that the Counselors' actions were consistent with their professional duties and that their termination violated the public policy of North Carolina. Consequently, the Fourth Circuit reversed the district court's dismissal and remanded the case for further proceedings. View "Shook v. NCG Acquisition, LLC" on Justia Law

Thomas Zundel attempted to purchase a firearm but was denied due to a 1990 simple assault charge in Jamestown Municipal Court, which was flagged in the National Instant Criminal Background Check System (NICS). The charge was noted as continued for a year pending counseling, with no conviction confirmed. Zundel's voluntary appeal to the FBI was denied because the final disposition of the case was missing. Zundel sought records from various agencies, but none had documentation beyond the initial arrest. He then petitioned the North Dakota Supreme Court for a writ of mandamus to close the case and restore his constitutional rights.The Jamestown Municipal Court and other respondents argued that Zundel had an adequate remedy in federal court, referencing Ross v. Fed. Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the North Dakota Supreme Court found that a federal suit would not adequately address the state court records issue. The court emphasized the municipal court's duty to maintain accurate records and noted that the missing record should have been retained permanently according to administrative rules.The North Dakota Supreme Court granted the petition in part, ordering the Jamestown Municipal Court to conduct a diligent inquiry to locate or reconstruct the missing record and document the results. The court denied Zundel's requests for declaratory relief regarding the nature of the 1990 charge and his right to possess a firearm, citing a lack of evidence in the record to make such determinations. The court's decision underscores the importance of accurate court records for due process and public accountability. View "Zundel v. City of Jamestown" on Justia Law

Timothy Blixseth, a debtor, faced an involuntary bankruptcy petition filed by the State of Montana Department of Revenue (State) along with other state tax agencies. The bankruptcy court dismissed the petition, finding the State's claim was subject to a bona fide dispute. Blixseth then filed an adversary proceeding under 11 U.S.C. § 303(i) seeking costs and damages from the State for the dismissed petition.The bankruptcy court denied the State's motion to dismiss the adversary proceeding, ruling that the State had waived its sovereign immunity by filing the involuntary petition and through statements made by its counsel. The State appealed to the Bankruptcy Appellate Panel (BAP), which dismissed the appeal, stating that the collateral order doctrine did not apply.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the BAP's dismissal, holding that the collateral order doctrine did apply, allowing for immediate appeal. The Ninth Circuit also reversed the bankruptcy court's denial of sovereign immunity. The court held that the State did not waive its sovereign immunity by filing the involuntary petition or through its counsel's statements. Additionally, the court found that 11 U.S.C. § 106, which addresses sovereign immunity in bankruptcy proceedings, was unconstitutional.Applying the analysis from Central Va. Cmty. Coll. v. Katz, the Ninth Circuit concluded that Blixseth's § 303(i) claim was not necessary to effectuate the bankruptcy court's in rem jurisdiction. The court determined that the adversary proceeding did not further the core functions of bankruptcy jurisdiction, such as the equitable distribution of the debtor's property or the debtor's fresh start. Consequently, the Ninth Circuit reversed the bankruptcy court's denial of sovereign immunity and remanded with instructions to dismiss Blixseth's § 303(i) claim against the State. View "Montana Department of Revenue v. Blixseth" on Justia Law

The case involves the Center for Biological Diversity's efforts to protect the Canadian lynx, a threatened species, from incidental trapping in Minnesota. The Center sued the Minnesota Department of Natural Resources, alleging that the state had not done enough to prevent trappers from accidentally capturing lynx. This led to a proposed consent decree requiring Minnesota to implement additional restrictions on trapping methods to protect the lynx.The United States District Court for the District of Minnesota reviewed the case and approved the consent decree over objections from three pro-trapping organizations. These organizations argued that the decree was prejudicial and harmful to their interests and that state law did not permit the adoption of the new regulations in the manner proposed. The district court found the consent decree to be a reasonable compromise that balanced the interests of both parties and had a reasonable relationship to the claims and defenses in the case.The United States Court of Appeals for the Eighth Circuit reviewed the district court's approval of the consent decree. The appellate court examined whether the consent decree was procedurally fair and reasonable. It found that the negotiations were conducted in good faith and at arm's length, and that the trappers had ample opportunity to raise their objections. The court also determined that the consent decree was reasonable because it aimed to reduce the number of lynx deaths and furthered the objectives of the Endangered Species Act. The court concluded that the district court did not abuse its discretion in approving the consent decree and affirmed the judgment. View "Center for Biological Diversity v. MN Trappers Association" on Justia Law

In two separate cases, employees Terry J. Leal and Dustin Kopp sought workers' compensation benefits for injuries they claimed were work-related. Ms. Leal's claim involved a right shoulder injury, while Mr. Kopp's claim involved an abdominal hernia. Both claims were initially denied by the Wyoming Department of Workforce Services, Workers’ Compensation Division, which concluded that the injuries were not caused by their work activities. The employees contested these decisions, leading to hearings before the Office of Administrative Hearings (OAH).In both cases, the OAH appointed attorneys to represent the employees. These attorneys hired medical experts to testify on the causation of the injuries. Ms. Leal's attorney hired Dr. Gregory Reichhardt, and Mr. Kopp's attorney hired Dr. Douglas Adler. The OAH found in favor of the employees, awarding them workers' compensation benefits. However, when the attorneys sought reimbursement for the medical expert fees, the OAH denied these requests, citing a lack of statutory authority under the Wyoming Worker’s Compensation Act to order such reimbursements.The employees appealed to the District Court of Laramie County, which certified the cases to the Wyoming Supreme Court. The Wyoming Supreme Court reviewed whether the OAH had the authority to order reimbursement of medical expert fees. The Court concluded that the OAH does have such authority. It reasoned that the Wyoming Worker’s Compensation Act, when read as a whole, provides for the payment of costs, including expert witness fees, to ensure the quick and efficient delivery of benefits to injured workers at a reasonable cost to employers. The Court found that the OAH's decision to deny reimbursement was not in accordance with the law and reversed the OAH's decision. View "Leal v. State of Wyoming, ex rel. Department of Workforce Services" on Justia Law