Cases

ACCEPTED 01-15-00304-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/6/2015

LYNCH, Chief Judge. This case involves legal challenges to recent federal management actions taken in New England’s sensitive Multispecies Groundfish Fishery. We reject the many challenges and affirm entry of summary judgment for the federal defendants. Under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1884, the New Englan

Smith, District Judge. *835In this case, the relator contends that the defendant, a medical device company, paid kickbacks to health care providers in violation of the False Claims Act. The False Claims Act, however, includes a public disclosure bar that prohibits lawsuits brought by relators where the relator's allegations of fraud have alread

518 F.Supp.2d 62 (2007) NORTH CAROLINA FISHERIES ASSOCIATION, INC., et al., Plaintiffs, v. Carlos GUTIERREZ, Secretary, United States Department of Commerce, Defendant. Civil Action No. 06-1815 (JDB). United States District Court, District of Columbia. August 17, 2007. *63 *64

Katzmann' Judge: The court today issues default judgment in a case whose background spans more than two decades' and which has seen the reorganization of a federal agency' a bankruptcy' the withdrawal of counsel' and an issue of first impression before this Court. 1 Plaintiff' the United States ("the Government")' on behalf of

¶1 Sweeney, A.C.J. — Federal courts have exclusive jurisdiction over disputes involving federal agencies. But mere consent by Congress to the creation of a multistate commission (consent required by the compact clause of the United States Constitution, article I, section 10) does not mean that the resulting commission is a federal agency. The trial court held in this personal injury suit that, absent an ex

ORDER RE PLAINTIFF’S MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD (DOC. 71) LAWRENCE J. O’NEILL, District Judge. I. INTRODUCTION Plaintiff Pinnacle Armor, Inc. (“Pinnacle”) produces armor designed to protect buildings, vehicles, and the human body. Among Pinnacle’s primary customers are local law enforcement agencies that often utilize federal subsidies to purchase body a

104 P.3d 17 (2004) Susan K. COLBERT, an individual, Appellant, v. PACIFIC STATES MARINE FISHERIES COMMISSION, an interstate commission; Scott Livingston, a married individual; Jane Doe Livingston, a married individual, Respondents. No. 22400-7-III. Court of Appeals of Washington, Division 3, Panel Eight. December 21, 2004. *18 Da

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT SAMUEL CONTI, District Judge I. INTRODUCTION Now before the Court are cross-motions for partial summary judgment seeking to resolve Freedom of Information Act (“FOIA”) claims in this environmental and administrative law case. ECF Nos. 34 (“Mot.”), 39 (“Opp’n & Cross-Mot.”). Plaintiffs ar

CORRECTED In the United States Court of Federal Claims No. 16-912 Filed: November 26, 2024 PERRY LOVERIDGE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. Thomas S. Stewart and Reed W. Ripley, Stewart, Wald & Smith, LLC, Kansas City, MO, for Plaintiffs. Kimberly A. Cullen and LeeAnn Kim, Trial

In the United States Court of Federal Claims No. 16-912 Filed: November 26, 2024 PERRY LOVERIDGE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. Thomas S. Stewart and Reed W. Ripley, Stewart, Wald & Smith, LLC, Kansas City, MO, for Plaintiffs. Kimberly A. Cullen and Leann Kim, Trial Attorneys, David A. Harrington, Assistant Chief, Todd K

MEMORANDUM OPINION AND ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR., Chief Judge. BEFORE THE COURT are cross-motions for summary judgment filed by the ■ plaintiff, the Institute of Marine Mammal Studies (“IMMS”), and the defendants, the National Marine Fisheries Service (“NMFS”), National Oceanographic and Atmospheric Administration, and Rebecca M. Blank, acting Secretary of

14 So.3d 20 (2009) Karen KUEBEL v. DEPARTMENT OF WILDLIFE AND FISHERIES and Office of Risk Management. No. 2008-CA-1018. Court of Appeal of Louisiana, Fourth Circuit. April 15, 2009. *21 Daniel E. Becnel III, LaPlace, LA, for Plaintiff/Appellant. James D. "Buddy" Caldwell, Attorney General, Henry S. Provosty, Special Assis

OPINION AND ORDER LETTOW, Judge. This is a post-trial decision on liability in a timber-sale case.1 The relevant timber-sale contracts pertained to the “Jigsaw,” ‘White-bird,” and “Pigout” timber areas located in the Umpqua National Forest in Southern Oregon, within Region 6 of the National Forest System. Stip. ¶ l.2 On June 30, 2005,

OPINION AND ORDER BLOCK, Judge. Before this court are cross-motions for summary judgment pursuant to Rule 56 of the Rules of the Court of Federal Claims (“RCFC”). The underlying claim is predicated on the Takings Clause of the Fifth Amendment.1 In essence, plaintiffs are alleging a “temporary taking”2 of its solid waste disposal site due to a wrongf

In the United States Court of Federal Claims No. 17-67 L Filed: June 21, 2021 ) UNITED AFFILIATES CORPORATION and ) MINGO LOGAN COAL LLC, ) ) Plaintiffs, )

751 So.2d 1025 (1999) MISSISSIPPI GAMING COMMISSION, General Paul A. Harvey, In His Official Capacity as Executive Director of the Mississippi Gaming Commission, W.W. Gresham, Jr., Robert Engram and Victor P. Smith, All In Their Official Capacity as Commissioners of the Mississippi Gaming Commission v. IMPERIAL PALACE OF MISSISSIPPI, INC., a Nevada Corporation. No. 97-CA-01083-SCT. Supreme Court of Mis

In the United States Court of Federal Claims No. 19-339C Filed: April 14, 2022 Amended: June 29, 2022 † CULLY CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. Samuel Fortier, Fortier & Mikko, P.C., Anchorage, AK, for Plaintiff. Joseph A. Pixley, Trial Attorney, L. Misha Preheim, Assistant

In the United States Court of Federal Claims No. 19-339C Filed: April 14, 2022 CULLY CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. Samuel Fortier, Fortier & Mikko, P.C., Anchorage, AK, for Plaintiff. Joseph A. Pixley, Trial Attorney, L. Misha Preheim, Assistant Director, Patricia M. McCarthy, Director, and Brian M. Bo

OPINION AND ORDER DENYING CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT WILLIAMS, Judge. Plaintiffs Blue Lake Forest Products, Inc. (“Blue Lake”), Timber Products Company (“Timber Products”), and CLR Timber Holdings, Inc. (“CLR”) bring this action claiming breach of their timber sale contracts by the United States Forest Service (“Forest Service”). Currently before the Court are the parties’ cross-motions for p