Justia Government & Administrative Law Opinion Summaries

AllService Plumbing and Maintenance, Inc. is a small, family-owned plumbing company in Baton Rouge, Louisiana. In 2009, a union organizer named Charles LeBlanc began efforts to unionize AllService’s workforce. An employee, Joe Lungrin, opposed the unionization and informed the company’s Vice President, Luke Hall, about LeBlanc’s activities. The union filed a petition with the National Labor Relations Board (NLRB) to hold an election among AllService’s employees. After agreeing on an election date, AllService laid off three employees. The union lost the election, and subsequently filed a complaint with the NLRB alleging that AllService violated the National Labor Relations Act (NLRA) by surveilling, threatening, and interrogating employees, and by laying off employees due to their union activities.An NLRB administrative law judge (ALJ) found in 2011 that AllService violated the NLRA and ordered the reinstatement of the laid-off employees with backpay. AllService did not file timely exceptions, and the NLRB adopted the ALJ’s findings in 2012. A second ALJ calculated damages in 2013, and the NLRB ordered AllService to pay over $100,000. However, the Supreme Court’s decision in NLRB v. Noel Canning in 2014 invalidated the NLRB’s quorum, leading the Board to set aside its decision and dismiss its enforcement petition.In 2022, the NLRB issued a notice to show cause for re-adopting the 2013 ALJ decision, blaming administrative oversight for the delay. AllService objected, citing significant business losses due to floods in 2016 and 2021. The NLRB ignored these objections and adopted the 2013 decision. The NLRB then applied to the United States Court of Appeals for the Fifth Circuit for summary enforcement of its 2022 order.The Fifth Circuit denied the NLRB’s request for summary enforcement, finding that the Board failed to prove that enforcement would be equitable. The court held that the Board’s delay and administrative neglect were extraordinary circumstances excusing AllService’s failure to exhaust specific objections. The court also granted AllService’s petition for review, finding that the Board lacked substantial evidence to attribute Lungrin’s activities to AllService and to find that the pre-election layoffs were related to union activity. View "National Labor Relations Board v. Allservice Plumbing" on Justia Law

A group of businesses and individuals in the vision care industry challenged Texas House Bill 1696, which regulates managed vision care plans by limiting the information these plans can provide to their enrollees. The plaintiffs argued that the bill imposed unconstitutional burdens on their rights of commercial speech, associational freedom, and equal protection under the First and Fourteenth Amendments. They sought a preliminary injunction to prevent the bill's enforcement and the defendants, Texas officials, moved to dismiss the case, claiming sovereign immunity.The United States District Court for the Northern District of Texas denied the defendants' motion to dismiss and granted the preliminary injunction. The court found that the plaintiffs were likely to succeed on their commercial speech claims and that the equities favored a preliminary injunction. The defendants appealed both the denial of their sovereign immunity defense and the grant of the preliminary injunction.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's decision to deny the motion to dismiss as it related to Texas Insurance Commissioner Cassie Brown, finding that she had a specific duty to enforce the statute. However, the court vacated the denial of the motion to dismiss as it related to Governor Greg Abbott and Attorney General Ken Paxton, determining that they did not have a sufficient connection to the enforcement of the statute. The court also affirmed the preliminary injunction against Commissioner Brown, concluding that the plaintiffs were likely to succeed on their commercial speech claim and that the balance of equities favored the injunction. The court vacated the preliminary injunction as it applied to Governor Abbott and Attorney General Paxton and remanded the case for modification of the orders. View "Healthy Vision Association v. Abbott" on Justia Law

In 2023, James Broad and Rebecca McCrensky began operating a car-rental agency, Becky's Broncos, LLC, on Nantucket Island without the necessary local approvals. The Town of Nantucket and the Nantucket Town Select Board ordered Becky's to cease operations. Becky's sought preliminary injunctive relief in the District of Massachusetts to continue their business.The District Court for the District of Massachusetts denied Becky's request for a preliminary injunction. The court found insufficient evidence of discriminatory effect under the dormant Commerce Clause and concluded that Becky's had not demonstrated a likelihood of success on the merits of its claims. Becky's appealed the decision.The United States Court of Appeals for the First Circuit reviewed the case. The court affirmed the district court's denial of the preliminary injunction. The appellate court held that Becky's did not show a likelihood of success on the merits of its dormant Commerce Clause claim, as the ordinance did not discriminate against out-of-state businesses. The court also found that Becky's failed to establish a likelihood of success on its antitrust claims due to a lack of a concrete theory of liability. Additionally, Becky's procedural due process argument was rejected because it did not establish a property interest in the required medallions. Lastly, the court held that the ordinance survived rational basis review under substantive due process, as it was rationally related to legitimate government interests in managing traffic and congestion on the island. View "Becky's Broncos, LLC v. Town of Nantucket" on Justia Law

The case involves the Huntington Sanitary Board (HSB) challenging an order by the Public Service Commission of West Virginia (PSC) that designated HSB as the most suitable capable proximate utility (CPU) to acquire and operate the failing sewer system of the Hubbard Heights subdivision in Wayne County. The sewer system, originally servicing 27 customers, had fallen into disrepair and ceased operations, posing health and environmental risks. The PSC's order was issued under the Distressed and Failing Utilities Act, which aims to remediate struggling utilities.The PSC initiated proceedings after a petition was filed by a former president of the Hubbard Heights Homeowners Association (HOA). The PSC found that the sewer system met the statutory definition of a failing utility and considered various alternatives to acquisition, ultimately determining that acquisition by a CPU was necessary. HSB, along with other utilities, was identified as a potential CPU. The PSC held public and evidentiary hearings, during which no utility expressed willingness to acquire Hubbard Heights. The PSC designated HSB as the most suitable CPU based on its size, financial capacity, and proximity.HSB appealed, arguing that the PSC lacked jurisdiction because the customer count had fallen below the statutory threshold of 25 and that the PSC failed to consider alternatives to acquisition adequately. The Supreme Court of Appeals of West Virginia reviewed the case, affirming the PSC's order. The court held that the PSC had continuing jurisdiction over Hubbard Heights despite the reduced customer count, as the utility had not sought to be divested of its status, and the PSC had not relinquished jurisdiction. The court also found that the PSC had considered alternatives and provided a reasoned analysis in designating HSB as the most suitable CPU, complying with the statutory requirements. View "Huntington Sanitary Board v. Public Service Commission" on Justia Law

Houston police officers Manual Salazar and Nestor Garcia, members of the Gang Division Crime Reduction Unit, fatally shot David Anthony Salinas on July 14, 2021, following a pursuit in a sting operation. His widow, Brittany Salinas, filed a lawsuit against Officers Salazar and Garcia and the City of Houston, asserting claims under 42 U.S.C. § 1983, the Texas Tort Claims Act, and the state-created danger theory of constitutional liability.The United States District Court for the Southern District of Texas granted the defendants' motion to dismiss in full. The court found that Brittany Salinas had standing to bring her claims but concluded that the officers were entitled to qualified immunity and that the claims against the City of Houston were meritless. Brittany Salinas timely appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court found that the officers had reasonable suspicion to detain Salinas based on the identifying information on his vehicle and his refusal to stop when the officers engaged their lights. The court also found that the officers did not violate Salinas' Fourth Amendment rights, as they reasonably believed he posed an immediate threat when he continuously reached within his vehicle despite their commands to show his hands. The court affirmed the district court's dismissal of the § 1983 claims against the officers, finding that they were entitled to qualified immunity.Regarding the claims against the City of Houston, the court found no constitutional injury and affirmed the dismissal of the § 1983 claims. The court also affirmed the dismissal of the Texas Tort Claims Act claims, as they were foreclosed by the ruling on qualified immunity and barred by case law. The court concluded that the City of Houston's sovereign immunity had not been waived. The Fifth Circuit affirmed the district court's dismissal of all claims. View "Salinas v. City of Houston" on Justia Law

Dr. Bruce Cairns, a division chief in the Department of Surgery and Medical Director of the Jaycee Burn Center at UNC Hospitals, was sued by Dr. James Hwang, a former surgeon at the UNC Burn Center. Dr. Hwang alleged that Dr. Cairns harassed him and created a hostile work environment, leading to his resignation. The case also involved a complaint filed with the UNC School of Medicine Human Resources Department, accusing Dr. Hwang of inappropriate behavior at a going-away party. Dr. Hwang claimed that Dr. Cairns falsely accused him of misconduct, including touching female coworkers inappropriately.The Superior Court of Durham County denied Dr. Cairns's motion to dismiss, finding that he was not entitled to public official immunity. The court also denied summary judgment, citing conflicting evidence about the origin of the Human Resources complaint. The Court of Appeals affirmed the trial court's decision, concluding that Dr. Cairns was a public official entitled to immunity and that Dr. Hwang did not provide sufficient evidence of malice.The Supreme Court of North Carolina reviewed the case and determined that Dr. Cairns was not a public official entitled to public official immunity. The court found that his positions as division chief and Medical Director were not created by statute and did not involve the exercise of sovereign power. The court reversed the Court of Appeals' decision and remanded the case for further consideration of the parties' outstanding arguments. View "Hwang v. Cairns" on Justia Law

Carter W. Page filed a lawsuit against the United States, the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and several current and former FBI officials. Page alleged that the FBI unlawfully obtained four warrants to electronically surveil him under the Foreign Intelligence Surveillance Act (FISA) and leaked information obtained from these warrants to the press, causing him reputational harm and lost business opportunities. The district court dismissed Page's claims, finding them either time-barred or insufficiently pleaded.The United States District Court for the District of Columbia dismissed Page's second amended complaint for failure to state a claim. The court found that Page's FISA claims were time-barred by the applicable three-year statute of limitations and that his claims were insufficiently pleaded. The court also dismissed Page's Patriot Act claim against the United States, with the majority concluding it was time-barred and the partial dissent finding it legally insufficient. Additionally, the court dismissed Page's Bivens claim and Privacy Act claims for lack of jurisdiction and failure to state a claim.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court's dismissal of Page's FISA and Patriot Act claims as time-barred. The court held that Page had actual or inquiry notice of his FISA claims by April 2017, more than three years before he filed his complaint in November 2020. The court also found that Page's Patriot Act claim was barred because he failed to file his administrative claim with the FBI within two years of its accrual. The court concluded that Page had sufficient information by April 2017 to discover the basis for his claims, making them time-barred. View "Page v. Comey" on Justia Law

Bryan and Ami Hauxwell, farmers using ground and surface water for irrigation, submitted a request to pool ground water from several registered wells for the 2023-2027 allocation period. The Middle Republican Natural Resources District (NRD) denied their application, citing a rule that allows denial for any reason, including rule violations. The denial was communicated through a letter and a marked application. The Hauxwells challenged this denial, alleging it violated their constitutional rights and was arbitrary and capricious.The Hauxwells filed a petition for review with the district court for Frontier County, Nebraska, under the Nebraska Ground Water Management and Protection Act (NGWMPA) and the Administrative Procedure Act (APA). They argued that the denial was contrary to a court order staying penalties previously imposed by the NRD. The NRD moved to dismiss the petition, arguing that the letter was not a final agency action or an order in a contested case, and thus not subject to judicial review under the APA. The district court dismissed the petition, finding that the letter did not arise from a contested case and was not a final order of the decision-making body.The Nebraska Supreme Court reviewed the case and affirmed the district court's dismissal. The court held that the letter denying the Hauxwells' pooling application was not an "order" as defined under the NGWMPA. The court explained that the term "order" in the NGWMPA includes orders required by the act, a rule or regulation, or a decision adopted by the board of directors of a natural resources district. However, the letter in question did not meet these criteria, as it was not issued as part of any case or proceeding and was not required by any specific authority. Consequently, the court concluded that it lacked jurisdiction over the appeal. View "Hauxwell v. Middle Republican NRD" on Justia Law

Bryan and Ami Hauxwell, farmers using ground and surface water for irrigation, were involved in a dispute with the Middle Republican Natural Resources District (NRD) over alleged violations of the NRD’s rules and regulations. The NRD claimed the Hauxwells used ground water to irrigate uncertified acres, failed to install flowmeters, and used non-compliant flowmeters. The NRD issued a cease-and-desist order and penalties after a 2020 hearing, where the NRD’s general manager and counsel participated in the board’s deliberations.The Hauxwells challenged the 2020 findings in the district court for Frontier County, which ruled in their favor, citing due process violations and remanded the case. In 2021, the NRD issued a new complaint and held another hearing, excluding the general manager and counsel from deliberations. The board again found violations but deferred penalties to a later hearing. The district court dismissed the Hauxwells' challenge to the 2021 findings, stating it was not a final order as penalties were not yet determined.In 2022, the NRD held a hearing to determine penalties, resulting in restrictions on the Hauxwells' water use. The Hauxwells filed another petition for review, arguing that the 2020 due process violations tainted the subsequent hearings. The district court agreed, reversing the NRD’s 2022 findings and vacating the penalties.The Nebraska Supreme Court reviewed the case and found that the district court erred in concluding that the 2020 due process violations tainted the 2021 and 2022 hearings. The Supreme Court reversed the district court’s order and remanded the case with directions to address the other claims in the Hauxwells' petition for review. The court emphasized that the NRD’s actions in 2021 and 2022 were separate and not influenced by the 2020 hearing’s procedural issues. View "Hauxwell v. Middle Republican NRD" on Justia Law

A group of parents sued their local public school district and the State of Michigan, alleging that their children were denied essential special-education services. The parents claimed that the school district failed to provide promised services, such as full-time aides and speech therapy, and that the State failed to supervise the district adequately. The parents sought damages under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, and injunctive relief under the Individuals with Disabilities Education Act (IDEA), ADA, and Rehabilitation Act.The United States District Court for the Eastern District of Michigan denied the State's motion to dismiss, holding that the ADA abrogated the State's sovereign immunity under the Fourteenth Amendment. The State then filed an interlocutory appeal.The United States Court of Appeals for the Sixth Circuit reviewed the case and reversed the district court's decision. The Sixth Circuit held that the parents failed to state a claim against the State under Title II of the ADA. The court explained that Title II allows lawsuits against a public entity for its own actions, not for the actions of another government entity. In this case, the school district, not the State, was responsible for the alleged denial of services. The court also noted that the State had already taken corrective actions against the school district and that the parents' claims of the State's failure to supervise were too conclusory to proceed. Therefore, the State was entitled to sovereign immunity, and the parents' ADA claim against the State was dismissed. View "Y.A. v. Hamtramck Public Schools" on Justia Law