Justia Government & Administrative Law Opinion Summaries

Institutional Shareholder Services, Inc. (ISS), a proxy advisory firm, challenged the Securities and Exchange Commission’s (SEC) interpretation of the term “solicit” under section 14(a) of the Exchange Act of 1934. The SEC had begun regulating proxy advisory firms by treating their voting recommendations as “solicitations” of proxy votes. ISS argued that its recommendations did not constitute “solicitation” under the Act.The United States District Court for the District of Columbia agreed with ISS and granted summary judgment in its favor. The court found that the SEC’s interpretation of “solicit” was overly broad and not supported by the statutory text. The National Association of Manufacturers (NAM), an intervenor supporting the SEC’s position, appealed the decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court affirmed the district court’s decision, holding that the ordinary meaning of “solicit” does not include providing proxy voting recommendations upon request. The court concluded that “solicit” refers to actively seeking to obtain proxy authority or votes, not merely influencing them through advice. The SEC’s definition, which included proxy advisory firms’ recommendations as solicitations, was found to be contrary to the statutory text of section 14(a) of the Exchange Act. View "Institutional Shareholder Services, Inc. v. SEC" on Justia Law

Dr. John Doe, a federal public servant with a security clearance, was convicted of two felonies in Ohio in the early 1990s. He received a pardon from the Ohio governor in 2009, and his felony convictions were sealed by an Ohio court. In 2022, Dr. Doe applied for a position at the Federal Deposit Insurance Corporation (FDIC), but his application was denied due to a statutory bar against hiring individuals with felony convictions. Dr. Doe then filed a lawsuit challenging the constitutionality of this hiring prohibition and sought to proceed under a pseudonym to avoid public association with his sealed convictions.The United States District Court for the District of Columbia denied Dr. Doe's motion to proceed under a pseudonym. The court acknowledged Dr. Doe's privacy concerns and the lack of unfairness to the government but concluded that the privacy interest in felony convictions does not warrant pseudonymity. The court emphasized the importance of transparency in judicial proceedings, especially in cases involving constitutional challenges against the government.The United States Court of Appeals for the District of Columbia Circuit reviewed the district court's decision. The appellate court affirmed the lower court's ruling, agreeing that Dr. Doe's privacy interest in his sealed felony convictions was insufficient to overcome the presumption against pseudonymous litigation. The court highlighted the public's significant interest in open judicial proceedings, particularly when the case involves a constitutional challenge to a federal statute. The court found that the district court did not abuse its discretion in applying the relevant factors and denying Dr. Doe's motion to proceed under a pseudonym. View "Doe v. McKernan" on Justia Law

Michigan Electric Transmission Company (METC) owns a high-voltage transmission line with Michigan Public Power Agency (MPPA) and Wolverine Power Supply Cooperative. The case concerns the ownership of new transmission facilities, or "network upgrades," connecting a new solar generation park to the transmission line. METC claims exclusive ownership based on existing agreements, while MPPA and Wolverine disagree.The Federal Energy Regulatory Commission (FERC) reviewed the case and found that no agreement conclusively determined ownership rights. FERC declined to decide the ownership question, leading METC to petition for review.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court agreed with FERC's interpretation that the relevant agreements did not grant METC exclusive ownership of the network upgrades. The court found that the Styx-Murphy line qualifies as a "system" under the Transmission Owners Agreement (TOA), and since METC is not the sole owner, it cannot claim exclusive ownership. The court also found that the Styx-Murphy Agreements did not preclude MPPA and Wolverine from owning network upgrades.The court denied METC's petitions for review, upholding FERC's decision. View "Michigan Electric Transmission Company, LLC v. FERC" on Justia Law

Plaintiff Steve Rogers filed a lawsuit against the City of Redlands, alleging that the rates for the City’s solid waste collection included a surcharge for a City program to repair roads, which he claimed violated Vehicle Code section 9400.8. The trial was bifurcated into two phases. In phase one, the trial court determined that section 9400.8 was violated. In phase two, the court ruled that refunds were limited to those who paid under protest pursuant to Health and Safety Code section 5472. Both the City and Rogers appealed these rulings.The Superior Court of San Bernardino County initially reviewed the case. In phase one, the court found that the surcharge for the City’s pavement accelerated repair implementation strategy (PARIS) program constituted a charge for the privilege of using the City’s streets, thus violating section 9400.8. In phase two, the court concluded that Health and Safety Code section 5472 limited refunds to those who paid under protest, denying Rogers the retrospective remedies he sought.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The appellate court affirmed the trial court’s rulings. It agreed that the surcharge for the PARIS program was indeed a charge for the privilege of using the City’s streets, prohibited by section 9400.8. The court also upheld the trial court’s application of Health and Safety Code section 5472, which limited refunds to those who paid under protest. The appellate court found no error in the trial court’s decisions and affirmed the judgment in its entirety. View "Rogers v. City of Redlands" on Justia Law

Power Rental Op Co, LLC ("Power Rental") is a Florida-based company providing water and energy services. The Virgin Islands Water and Power Authority ("WAPA") is a municipal corporation in the U.S. Virgin Islands. In 2012, WAPA entered into a rental agreement with General Electric International, which Power Rental later acquired. By 2019, WAPA owed Power Rental over $14 million, which was reduced to approximately $9.3 million through a promissory note governed by New York law. WAPA defaulted on the note in 2020, leading Power Rental to sue in Florida state court for breach of the note and other claims.The case was removed to the Middle District of Florida, which dissolved pre-judgment writs of garnishment issued by the state court, granted partial summary judgment in favor of Power Rental, and ordered WAPA to complete a fact information sheet. The court found that WAPA waived its sovereign immunity defenses under the terms of the note. WAPA's appeal to the Eleventh Circuit was voluntarily dismissed.Power Rental registered the judgment in the U.S. District Court for the District of Puerto Rico, which issued a writ of execution served on WAPA's account at FirstBank in Puerto Rico. WAPA filed an emergency motion to quash the writ, arguing that the funds were exempt under Virgin Islands law and that the Puerto Rico court lacked jurisdiction. The District of Puerto Rico denied the motion, finding that the separate entity rule did not apply and that it had jurisdiction to issue the writ.The United States Court of Appeals for the First Circuit affirmed the District of Puerto Rico's order. The court held that the separate entity rule was outdated and did not apply, allowing the Puerto Rico court to have jurisdiction over the writ. The court also upheld the lower court's finding that WAPA had waived its statutory immunity defenses. View "Power Rental OP CO, LLC v. Virgin Islands Water and Power Authority" on Justia Law

Zayn Al-Abidin Muhammad Husayn, also known as Abu Zubaydah, was captured in Pakistan in March 2002, suspected of being an Al Qaeda leader. He was transferred to a CIA-operated secret prison where he was subjected to "enhanced interrogation techniques" by James Mitchell and John Jessen, psychologists contracted by the CIA. These techniques included waterboarding, sleep deprivation, and confinement in small boxes, which Zubaydah alleges amounted to torture. He was later transferred to Guantanamo Bay, where he remains detained as an enemy combatant.Zubaydah filed a lawsuit under the Alien Tort Statute seeking damages for the injuries he suffered during his detention and interrogations. The United States District Court for the Eastern District of Washington dismissed the case, citing lack of jurisdiction under the Military Commissions Act (MCA) of 2006, which denies federal courts jurisdiction over certain actions relating to the detention and treatment of enemy combatants by the United States and its agents.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's dismissal. The Ninth Circuit held that the MCA deprived the district court of jurisdiction because Zubaydah's claims related to his detention and treatment by the defendants, who were considered agents of the United States. The court found that the CIA had authorized, controlled, and ratified the defendants' actions, thereby establishing an agency relationship. Consequently, the MCA barred the court from hearing Zubaydah's claims. The decision was affirmed. View "HUSAYN V. MITCHELL" on Justia Law

South Hill Meat Lockers Incorporated (South Hill) alleged that the Idaho Transportation Department (ITD) caused damage to its building during a road construction project on U.S. Highway 95 in Bonners Ferry, Idaho. South Hill claimed ITD was liable under seven different causes of action, including negligence and constitutional violations. ITD moved for summary judgment, asserting "plan or design immunity" under Idaho Code section 6-904(7). The district court initially denied ITD's first motion for summary judgment but later granted ITD's second motion for partial summary judgment, dismissing four of South Hill's claims. After a change in judges, the new judge granted ITD's motion for reconsideration, dismissing South Hill's complaint with prejudice.The district court's rulings were mixed. Judge Buchanan initially denied ITD's first motion for summary judgment, finding genuine disputes of material fact. However, she later granted ITD's second motion for partial summary judgment, dismissing several of South Hill's claims. Upon Judge Buchanan's retirement, Judge Berecz reconsidered and granted ITD's first motion for summary judgment, dismissing all of South Hill's claims.The Idaho Supreme Court reviewed the case and vacated the district court's judgment. The court affirmed in part and reversed in part the district court's summary judgment rulings. The Supreme Court found that there were genuine issues of material fact regarding whether ITD's change orders and the gas line relocation were meaningfully reviewed, which precluded summary judgment on the basis of plan or design immunity. The court also reversed the dismissal of South Hill's nuisance claim, holding that a nuisance claim for damages can persist even after the nuisance has abated. The court affirmed the district court's rulings on other claims, including the determination that Idaho Code section 55-310 does not impose strict liability. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "South Hill Meat Lockers Incorp. v. Idaho Transportation Dept." on Justia Law

Martin Flanagan, a former employee of Fresenius Medical Care Holdings, Inc., filed a qui tam lawsuit under the False Claims Act (FCA) against his former employer. He alleged that Fresenius engaged in a fraudulent kickback scheme to induce referrals to its dialysis clinics, violating the Anti-Kickback Statute (AKS). Flanagan claimed that Fresenius offered below-cost contracts to hospitals, overcompensated medical directors, and provided other benefits to secure patient referrals, which were then billed to Medicare and Medicaid.The U.S. District Court for the District of Maryland initially handled the case, which was later transferred to the U.S. District Court for the District of Massachusetts. The district court dismissed Flanagan's complaint for failing to meet the heightened pleading standard under Rule 9(b) of the Federal Rules of Civil Procedure. The court found that the amended complaint did not adequately allege specific false claims or provide representative examples. Additionally, the court ruled that some of Flanagan's claims were barred by the FCA's public-disclosure and first-to-file rules. The district court also denied Flanagan's motion to amend his complaint, citing undue delay and potential prejudice to Fresenius.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed the district court's dismissal, agreeing that Flanagan failed to plead the alleged fraud with the required particularity. The appellate court also upheld the denial of the motion to amend, noting that Flanagan had ample time to address the deficiencies in his complaint but failed to do so. The First Circuit concluded that the district court did not abuse its discretion in its rulings. View "Flanagan v. Fresenius Medical Care Holdings, Inc." on Justia Law

In 2020, allegations emerged that certain officers in the Vallejo Police Department were bending the points of their badges after using potentially lethal force. The department hired an independent investigator to look into these claims but did not release the investigation's findings. The American Civil Liberties Union of Northern California (ACLU) requested records related to the investigation under the California Public Records Act (CPRA). The department released some records but withheld the investigative report, claiming it was a confidential personnel record.The ACLU filed a petition for a writ of mandate in the Solano County Superior Court, challenging the department's response. The court ordered the disclosure of parts of the investigative report and related materials, with redactions to protect the identities of officers, witnesses, and their families. Both parties sought writ review of this decision.The California Court of Appeal, First Appellate District, reviewed the case. The court concluded that the documents sought by the ACLU were not confidential personnel records but were subject to public disclosure under section 832.7, subdivision (b) of the Penal Code. This section pertains to records relating to the report, investigation, or findings of incidents involving the discharge of a firearm by a peace officer. The court also found that the redaction of officer names could not be sustained on the grounds relied upon by the superior court. However, due to the extensive volume of potentially disclosable materials and minimal briefing on redaction issues, the court remanded the case for further proceedings regarding redactions. View "City of Vallejo v. Superior Ct." on Justia Law

23rd Psalm Trucking, L.L.C. entered into a four-year contract with the Madison Parish Police Jury on July 14, 2014, to collect and dispose of residential waste. The contract was extended for an additional three years, set to expire on July 14, 2021. However, due to fiscal concerns, the Police Jury rebid the contract in June 2020 and awarded it to another contractor, effective January 1, 2021. Psalm Trucking sued for breach of contract and unfair trade practices, claiming an estimated loss of $385,235.50.The trial court granted summary judgment in favor of the Police Jury, finding the contract null and void under La. R.S. 39:1410.60 (A) because it was not approved by the State Bond Commission. The court also rejected Psalm Trucking’s detrimental reliance claim, noting the company did not seek legal advice before contracting. The Court of Appeal affirmed, agreeing that the Bond Commission’s approval was required for multi-year contracts without a non-appropriation clause.The Supreme Court of Louisiana reviewed the case and affirmed the lower courts' decisions. The court held that La. R.S. 33:4169.1 and La. R.S. 39:1410.60 must be read together, requiring Bond Commission approval for contracts that constitute debt. The court found the four-year contract constituted debt and was null and void without the Bond Commission’s approval. The court also agreed that Psalm Trucking failed to prove detrimental reliance against a governmental agency. The judgment of the Court of Appeal was affirmed. View "23rd Psalm Trucking, L.L.C. v. Madison Parish Police Jury" on Justia Law