Justia Government & Administrative Law Opinion Summaries

Plaintiff, an occasional employee of the Federal Emergency Management Agency, which is part of the Department of Homeland Security (DHS), filed an administrative claim of discrimination on the basis of her race, age, and sex. While the suit began as an administrative proceeding within the DHS, it molted into a judicial proceeding. Both the lawsuit and the administrative proceeding were based on Title VII of the Civil Rights Act of 1964. The federal district court granted DHS’s motion for judgment on the pleadings, concluding that Plaintiff had failed to exhaust her administrative remedies by failing to amend her original administrative complaint to add her retaliation claim. The Seventh Circuit reversed, holding that the district court erred in dismissing Plaintiff’s suit because it was the fault of the Equal Employment Opportunity Commission that the retaliation claim did not become part of the original case. Remanded. View "Moreland v. Johnson" on Justia Law

In 2014, two people were killed when a Seattle news helicopter crashed. The National Transportation Safety Board investigated, pursuant to 49 U.S.C. 1131(a)(1), “to ascertain measures that would best tend to prevent similar accidents or incidents in the future.” NTSB “does not engage in traditional agency adjudications, nor does it promulgate or enforce any air safety regulations. Rather, it simply analyzes accidents and recommends ways to prevent similar accidents.” No part of an NTSB accident report may be admitted into evidence or used in a civil action for damages. In 2015, the Board released a Factual Report concerning its investigation of the Seattle crash; it has not yet released an analysis of the likely cause of the accident. The Illinois company that owned and operated the helicopter involved in the crash asserted that the Report “omits significant information that will make it impossible for the Board to reach an accurate determination of Probable Cause” and unsuccessfully requested that NTSB rescind the Report and refrain from releasing its Probable Cause Report until “errors in the Factual Report are addressed.” The Seventh Circuit dismissed a petition seeking an order requiring NTSB to rescind or withhold reports. The court concluded that the Board’s reports are not final orders subject to review. View "Helicopters, Inc. v. Nat'l Transp. Safety Bd." on Justia Law