Justia Government & Administrative Law Opinion Summaries

The City Council authorized the City Manager to sell a parcel of oceanfront property known as "the Boat School." Plaintiffs filed a complaint seeking a declaratory judgment that the sale agreement was invalid due to the City's failure to advertise in accordance with its charter, and moved for a temporary restraining order to prevent the sale of the property. Defendants counterclaimed against Plaintiffs for slander of title and tortious interference with a contract. Plaintiffs filed a special motion to dismiss the counterclaims of Defendants pursuant to Maine's anti-SLAPP statute because Defendants' counterclaims were based on Plaintiffs' petitioning activity. The district court (1) declined to address the merits of Plaintiffs' special motion to dismiss because it was filed after the sixty-day period provided by the statute; (2) granted Defendants' motion for summary judgment on Plaintiffs' complaint; (3) granted in part and denied in part summary judgment for Plaintiffs on Defendants' counterclaims. The Supreme Court affirmed the district court's denial of Plaintiffs' special motion to dismiss, holding that the court did not abuse its discretion in declining to consider the merits of Plaintiffs' untimely special motion. View "Bradbury v. City of Eastport" on Justia Law

Mingo Logan challenged the award of benefits to claimant under the Black Lung Benefits Act (BLBA), 30 U.S.C. 921(c)(4). Because the court concluded that the ALJ did not in fact apply rebuttal limitations to Mingo Logan, and the Board affirmed the ALJ's analysis, the court did not reach Mingo Logan's challenge to the standard announced by the Board to rebut the section 921(c)(4) presumption of entitlement to benefits. The court affirmed the Board's award of benefits because it also found that Mingo Logan's other challenges to the ALJ's factual findings lacked merit. Accordingly, the court denied the petition for review. View "Mingo Logan Coal Co. v. Owen" on Justia Law

Claimant was awarded benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. 901-945. At issue was whether the awards of attorneys' fees properly reflected market-based evidence of counsel's hourly rate, as required by the lodestar analysis in Hensley v. Eckerhart. The court held that neither the ALJ nor the BRB abused its discretion in concluding that counsel provided sufficient market-based evidence of rates, and that the number of hours billed for attorneys' services reasonably reflected the work completed. The court also held that the award of fees for work performed by certain legal assistants was not supported fully by the record, and modified that award accordingly. View "Eastern Associated Coal Corp. v. DOWCP" on Justia Law

Nancy Mick, as personal representative of the estate of Stephen Bradley, sought to have the Kent County Sheriff's Department held in contempt of court. She obtained an order from the probate court to take Stephen Bradley into custody for a psychiatric evaluation. The sheriff's department did not arrive, and Mr. Bradley shot and killed himself. Mick originally filed a wrongful-death action against the sheriff's department, but the department was granted governmental immunity from suit. Mick then filed her contempt action, arguing the estate of Mr. Bradley suffered damages as a result of the sheriff department's failure to show. The department again moved for dismissal on immunity grounds, but the probate court denied that motion. The department then appealed the probate court's decision at circuit court, which reversed. The Court of Appeals reversed the circuit court, finding that the governmental tort liability act (GTLA) did not apply in this case. The department appealed to the Supreme Court. Upon review, the Supreme Court the department was entitled to dismissal on an immunity basis, and reversed the Court of Appeals. View "In re Bradley Estate" on Justia Law

Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that the supervisor's conduct was within the scope of his employment and removed the case to federal district court, substituting the United States as the defendant. The court affirmed the district court's dismissal for lack of subject matter jurisdiction, concluding that the supervisor acted within the scope of his employment and plaintiff's suit was jurisdictionally barred by the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. View "Jacobs v. Vrobel" on Justia Law

Plaintiffs, current and former members of the armed forces, brought suit against defendants, two former Secretaries of Defense, alleging that they were victims of rape and sexual misconduct by fellow servicemembers during their military careers. Plaintiffs sought money damages pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics. The court held that no Bivens action will lie where special factors counsel hesitation in creating an implied right of action and special factors clearly counsel hesitation in implying a cause of action for injuries arising out of military service. The court concluded that judicial abstention was the proper course in this case pursuant to Chappell v. Wallace, United States v. Stanley, and Feres v. United States. Accordingly, the court affirmed the district court's dismissal of the complaint. View "Cioca v. Rumsfeld" on Justia Law

Plaintiff Michael Battaglia worked for defendant United Parcel Service, Inc. (UPS) since 1985. He alleged he received a demotion in retaliation for making certain workplace complaints and comments. In suing UPS, he alleged that his demotion violated the Conscientious Employee Protection Act (CEPA) and the Law Against Discrimination (LAD). Plaintiff also alleged breach of contract, relying on employee manuals stating that employees would not be disciplined for complaints. The trial court dismissed the contract claim for lack of evidence. Following numerous arguments over jury instructions, the court directed the jury that it could consider evidence involving credit cards, meal practices “and other things” on the CEPA claim. The jury found UPS liable on the CEPA and LAD claims, and awarded plaintiff $500,000 in economic damages and $500,000 in emotional distress damages. UPS made numerous post-trial motions, and the court granted its request for remittitur of the emotional distress award, reducing it to $205,000. The parties cross-appealed. The appellate panel affirmed the CEPA claim and dismissal of plaintiff's contract claim, but reversed the LAD verdict for lack of evidence. Upon review, the Supreme Court reversed the appellate court's decision to the extent that it dismissed the LAD claim and affirmed the CEPA verdict. Under the LAD, an employee who voices complaints and allegedly suffers a retaliatory employment action need only demonstrate a good-faith belief that the complained-of conduct violates the LAD. An identifiable victim of actual discrimination is not required. An LAD plaintiff may only recover an award for future emotional distress if evidence of permanency is offered in the form of an expert opinion. In order to succeed on a fraud-based CEPA claim, a plaintiff must reasonably believe that the complained-of activity was occurring and was fraudulent. View "Battaglia v. United Parcel Service, Inc." on Justia Law

Petitioner Allen Davenport appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision to terminate benefits on his claim for treatment of his cervical spine and left shoulder and denying his claims for benefits for treatment of his anxiety and depression and lower back condition. He argued his anxiety and depression and his cervical spine, left shoulder and back conditions were "compensable injuries." Upon further review, the Supreme Court concluded Davenport failed to establish by a preponderance of the evidence that work incidents subject to this claim substantially accelerated the progression of, or substantially worsened the severity of, his existing conditions and that his physical injury caused at least 50 percent of his anxiety and depression. View "Davenport v. WSI" on Justia Law

A large sinkhole developed behind the property of T.L. Carraway. A culvert system failed, causing the hole. The culvert system drained Eastover Lake, which was maintained by the owners whose properties surrounded the Lake. Carraway filed suit against the Owners; the Owners filed third-party complaints for indemnity against the City of Jackson, alleging that the City's sewer line repairs caused the system failure and in turn, the sinkhole. The chancellor found the Owners and the City jointly and severally liable for the repair of the culvert system. All defendants appealed that decision. Upon review, the Supreme Court affirmed in part, finding no merit to the arguments made by the Owners and City. However the Court found the chancellor erred by ordering joint and several liability. The case was reversed and remanded for redetermination of defendants' respective allocations of fault as to be determined by the chancery court. View "Borne v. Estate of T. L. Carraway, Jr." on Justia Law

After meeting with a high-school guidance counselor, a teenaged student said he was feeling alone and unloved, and had attempted suicide. The Counselor talked with the student for four hours; at the end of the discussion, the counselor felt the student no longer posed a threat to himself and sent him back to class. The school did not notify the student's parents of his statements or acts. After the student went home that day, he killed himself. The student's family sued the school district for wrongful death. The district court granted the district summary judgment, finding no duty to the student, and no wrongful act under the wrongful death statute. Plaintiffs appealed, asserting a common law duty based on the special relationship between a school and its students. The Supreme Court found no merit to plaintiffs' appeal except for a negligence per se claim. The alleged violations of the State Department of Education’s and the School District’s mandatory requirements to notify a parent or guardian of the student’s crisis situation state, in the Court's view, a claim of negligence per se. Accordingly, the judgment of the Superior Court was reversed and remanded the case for further proceedings. View "Rogers, et al. v. The Christina School District, et al." on Justia Law