Justia Government & Administrative Law Opinion Summaries

Dr. Ahmed Diaa Eldin Ali Hussein, a dual citizen of Egypt and the United States, sought to enforce an Egyptian administrative court ruling and a related ministerial decree in the United States. These rulings purportedly entitled him to compensation for the expropriation of his shares in the SIMO Middle East Paper Company by the Egyptian government in the 1990s. Hussein filed an enforcement action in New York State court against Dr. Mohamed Ahmed Maait, the Egyptian Minister of Finance, in his official capacity.The case was removed to the United States District Court for the Southern District of New York by Maait, albeit after the 30-day deadline for removal. The District Court found that Egypt was the real party in interest and allowed the late removal under Section 1441(d) of the U.S. Code, which permits enlargement of the removal period for cause. The court then dismissed the suit under Rule 12(b)(1) for lack of subject matter jurisdiction, concluding that Egypt was immune under the Foreign Sovereign Immunities Act (FSIA) and that no exceptions to this immunity applied.On appeal, the United States Court of Appeals for the Second Circuit affirmed the District Court's decision. The appellate court agreed that Egypt was the real party in interest, as Hussein's claims were fundamentally against the Egyptian government and sought compensation from the public treasury. The court also upheld the District Court's finding of cause to extend the removal period, noting the lack of prejudice to Hussein and the procedural challenges faced by Maait in securing U.S. counsel. Finally, the appellate court determined that Hussein had waived any argument regarding exceptions to FSIA immunity by not raising them on appeal. Thus, the dismissal for lack of jurisdiction was affirmed. View "Hussein v. Maait" on Justia Law

John Doe, an individual with a serious mental illness, sued James V. McDonald, M.D., New York’s Commissioner of Health, and other defendants, seeking declaratory and injunctive relief under the Americans with Disabilities Act, the Rehabilitation Act, the Fair Housing Act, and Article 78 of the New York Civil Practice Law and Rules. Doe alleged that New York State regulations discriminated against him by preventing his readmission to Oceanview Manor Home for Adults, a Transitional Adult Home (TAH) where he previously resided. After filing the suit, the State allowed Doe to return to Oceanview, amended the regulations to permit readmission of former TAH residents with serious mental illness, and removed Oceanview’s classification as a TAH.The United States District Court for the Northern District of New York denied the State’s motion for summary judgment, which argued that Doe lacked standing. The district court granted the State leave to file an interlocutory appeal. On appeal, the State contended that the district court erred in finding standing because Doe lacked a concrete plan to leave and seek readmission to Oceanview.The United States Court of Appeals for the Second Circuit reviewed the case and determined that the State’s jurisdictional challenge should be assessed as a question of mootness, not standing, because it addressed events occurring after Doe filed the suit. The court found that Doe’s suit was moot because the State had allowed Doe to return to Oceanview, amended the regulations, and removed Oceanview’s TAH classification. Consequently, there was no reasonable expectation that the alleged violation would recur.The Second Circuit dismissed the appeal, vacated the district court’s order, and remanded the case with instructions to dismiss for lack of subject matter jurisdiction. View "Doe v. McDonald" on Justia Law

The case involves the surviving relatives of Quinn Lucas Schansman, a passenger on Malaysia Airlines Flight 17 (MH17), which was shot down over eastern Ukraine by a missile launched from territory controlled by the Russian Federation-backed Donetsk People’s Republic (DPR). The plaintiffs allege that Sberbank of Russia PJSC (Sberbank) provided material support to the DPR by facilitating money transfers from donors to the DPR via correspondent accounts in the United States, which they claim proximately caused the downing of MH17.The United States District Court for the Southern District of New York denied Sberbank’s motion to dismiss the second amended complaint on foreign sovereign immunity grounds. Sberbank argued that it was immune under the Foreign Sovereign Immunities Act (FSIA) and the Anti-Terrorism Act (ATA) after the Ministry of Finance of the Russian Federation acquired a majority share in Sberbank. The district court found that Sberbank was presumptively immune under the FSIA but that the commercial activity exception applied, as the claims were based on commercial activities carried out in the United States.The United States Court of Appeals for the Second Circuit reviewed the case and held that Sberbank is presumptively immune under the FSIA due to its majority ownership by the Russian Ministry of Finance. However, the court also held that the FSIA’s commercial activity exception applies to Sberbank’s conduct, as the alleged claims are based on commercial activities—facilitating money transfers—carried out in the United States. Additionally, the court held that the ATA’s immunity provisions apply to instrumentalities of foreign states and that the FSIA’s commercial activity exception applies equally to actions brought under the ATA. Consequently, the court affirmed the district court’s order and remanded the case for further proceedings. View "Schansman v. Sberbank" on Justia Law

The Unkechaug Indian Nation and its Chief, Harry B. Wallace, challenged the enforcement of New York State Department of Environmental Conservation (DEC) regulations prohibiting the harvesting of American glass eels. They argued that the Andros Order, a 1676 agreement between the Royal Governor of New York and the Nation, allowed them to fish freely and preempted the DEC’s regulations. The plaintiffs sought declaratory and injunctive relief to prevent the DEC from enforcing these regulations against the Nation’s members in their customary fishing waters.The United States District Court for the Eastern District of New York granted summary judgment to the defendants, holding that the Andros Order is not federal law preempting New York’s fishing regulations. The court also found that the Eleventh Amendment barred claims against the DEC but allowed claims for declaratory and injunctive relief against Commissioner Basil Seggos in his official capacity under the Ex parte Young exception to sovereign immunity.The United States Court of Appeals for the Second Circuit affirmed the District Court’s decision. The appellate court held that the Eleventh Amendment barred claims against the DEC but allowed claims against Commissioner Seggos under the Ex parte Young exception. The court also found that the District Court did not abuse its discretion in failing to resolve Daubert motions or privilege disputes before ruling on the summary judgment motions. Finally, the court held that the Andros Order is not federal law binding on the United States because it was entered before the Confederal period, on behalf of the British Crown, and has not been ratified by the United States. Therefore, the Andros Order does not preempt New York’s fishing regulations, and the judgment of the District Court was affirmed. View "Unkechaug Indian Nation v. Seggos" on Justia Law

Relators Ralph Billington, Michael Aceves, and Sharon Dorman filed a qui tam action against HCL Technologies Ltd. and HCL America, Inc., alleging that HCL defrauded the United States by securing visas for foreign employees, primarily from India, to avoid paying higher salaries to American citizens. They claimed this scheme violated the False Claims Act (FCA) by underpaying H-1B visa workers, thus reducing tax obligations, and by applying for less expensive visas instead of the required H-1B visas, thereby avoiding higher visa application fees.The United States District Court for the District of Connecticut dismissed all claims, concluding that relators could not demonstrate that HCL avoided or decreased any established obligation to pay money to the United States. The court found no established obligation for HCL to pay federal payroll taxes on wages it never paid and no obligation to pay higher H-1B visa fees when it applied for B-1 and L-1 visas instead.The United States Court of Appeals for the Second Circuit reviewed the case and agreed with the district court. The appellate court held that HCL did not have an obligation under the FCA to pay taxes on wages it never paid, as the duty to pay taxes arises only from wages actually paid. Similarly, the court found no obligation for HCL to pay higher visa application fees for visas it never applied for. The court affirmed the district court’s judgment, concluding that relators failed to state a plausible claim that HCL decreased or avoided an established obligation to pay money to the United States. View "United States ex rel. Billington v. HCL Techs. Ltd." on Justia Law

The ACLU made requests under the Freedom of Information Act (FOIA), 5 U.S.C. 552, seeking information from government agencies regarding drone strikes. In this appeal, the ACLU challenges responses to the FOIA requests made to the Office of Legal Counsel (OLC) of the Department of Justice (DOJ), the CIA, and the DOD. The ACLU’s appeal challenges the district court’s ruling to the extent it upheld nondisclosure of 52 documents, and the government’s cross-appeal challenges the ruling to the extent it ordered disclosure, in whole or in part, of seven documents. The court concluded that none of the 52 withheld documents must be disclosed, and that the seven documents ordered disclosed may also be withheld. Accordingly, the court affirmed the appeal, reversed the cross-appeal, and remanded for entry of a revised judgment. View "ACLU v. US DOJ" on Justia Law

Plaintiffs, victims of terrorist acts linked to the Islamic Republic of Iran, contend that they are entitled to enforce unsatisfied money judgments against defendants under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 et seq., and the Terrorism Risk Insurance Act (TRIA), 28 U.S.C. 1610 note. The court concluded that defendants in this case do not equate to the “foreign state” of Iran for purposes of the FSIA or the TRIA; defendants cannot be deemed “agencies or instrumentalities” of Iran under the FSIA, but defendants’ status as “agencies or instrumentalities” of Iran under the TRIA and their properties’ status as “blocked assets” under that statute is not foreclosed as a matter of law; but, nonetheless, the court identified questions of fact that prevent either of these TRIA questions from being decided on summary judgment. Accordingly, the court vacated the award of summary judgment for plaintiffs and remanded for further proceedings. View "Kirschenbaum v. 650 Fifth Avenue and Related Properties" on Justia Law

Claimants-Appellants appealed an award of summary judgment which forfeited to the United States various claimants’ interests in multiple properties, including a 36‐story office building located at 650 Fifth Avenue in Manhattan, real properties in Maryland, Texas, California, Virginia, and New York, and the contents of several bank accounts. Also at issue is the September 9, 2013 order denying a motion to suppress evidence seized from the Alavi Foundation’s and the 650 Fifth Avenue Company’s office. The court vacated the judgment as to Claimants Alavi Foundation and the 650 Fifth Ave. Co., of which Alavi is a 60% owner because there are material issues of fact as to whether the Alavi Foundation knew that Assa Corporation, its partner in the 650 Fifth Ave. Co. Partnership, continued after 1995, to be owned or controlled by Bank Melli Iran, which is itself owned or controlled by the Government of Iran, a designated threat to this nation’s national security; the district court erred in sua sponte considering and rejecting claimants’ possible statute of limitations defense without affording notice and a reasonable time to respond; in rejecting claimants’ motion to suppress evidence seized pursuant to a challenged warrant, the district court erred in ruling that claimants’ civil discovery obligations obviate the need for any Fourth Amendment analysis; and the district court erred in its alternative ruling that every item of unlawfully seized evidence would have been inevitably discovered. Accordingly, the court vacated and remanded for further proceedings. View "In re 650 Fifth Avenue and Related Properties" on Justia Law

Plaintiff filed a Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request to the CIA, requesting information regarding his father, who served in several high-level diplomatic roles on behalf of the Republic of Cuba. The CIA answered plaintiff's request with a Glomar response, and plaintiff filed an administrative appeal. While the administrative appeal was pending, plaintiff filed the underlying action. The district court granted summary judgment to the CIA. During the pendency of the appeal, the FBI released several declassified documents pertaining to plaintiff's father. The CIA reviewed the FBI Disclosures, but declined to alter its position that a Glomar response is supportable in these circumstances. The court concluded that the FBI Disclosures are relevant to the merits of this case and remanded to the district court with instructions to enter an order stating whether its prior conclusion that the CIA adequately justified its Glomar response must be revised in light of the FBI Disclosures and any post‐remand submissions. View "Florez v. CIA" on Justia Law

Plaintiff filed a qui tam action under the New York False Claims Act (NYFCA), N.Y. Stat Fin. Law 187 et seq., on behalf of the State and the City against Wells Fargo for fraudulent avoidance of New York tax obligations. The district court dismissed for failure to state a claim. The court concluded that, with no special state interest, and with no indication of congressional preference for state-court adjudication, the exercise of federal jurisdiction in this case is fully consistent with the ordinary division of labor between federal and state courts. The court also concluded that the complaint did not plausibly allege that the Wells Fargo trusts were not qualified to be treated as Real Estate Mortgage Investment Conduits (REMICs). Therefore, the complaint failed to state a claim on which relief could be granted under the NYFCA for any false statement or record affecting the trusts' entitlement to exemption from income tax under the New York tax laws. Accordingly, the court affirmed the judgment. View "State of New York ex rel. Jacobson v. Wells Fargo" on Justia Law