Lawsuit

Stop-and-Frisk Settlement In Milwaukee Lawsuit Is A Wakeup Call For Police Nationwide

July 17, 2018 Staff, Aclu.org Create! Lawsuit, Milwaukee, Police, Stop and Frisk

In a banner day for police reform, the city of Milwaukee has entered into a settlement agreement to end practices amounting to a decade-long stop-and-frisk program that resulted in hundreds of thousands of baseless stops as well as racial and ethnic profiling of Black and Latino people citywide. The agreement provides a roadmap for how the Milwaukee Police Department and Fire and Police Commission must reform to protect the constitutional rights of the people they serve. The reforms are local, but the implications are national. This settlement sends a signal to police departments across the country about how to remedy stop-and-frisk practices that wrongfully criminalize people of color. The reforms in Milwaukee are the result of the settlement of Collins v. City of Milwaukee, a 2017 lawsuit brought by the ACLU and the law firm of Covington & Burling LLP on behalf of Black and Latino people, including a military veteran, a grandmother, students, and a state legislator.

Federal Judge Dismisses Trump Administration Lawsuit Against California Sanctuary Laws

July 10, 2018 Antonia Blumberg, Huffingtonpost.com.mx Resist! California, Lawsuit, Sanctuary Movement, Trump Administration

A federal judge on Monday dismissed the Trump administration’s lawsuit challenging several California laws that protect undocumented immigrants. U.S. District Judge John Mendez sided with California in its request to reject the Justice Department’s complaint against SB 54, known as the “sanctuary state law,” and AB 103, which requires transparency in the monitoring of detention facilities, as well as a provision of AB 450, the Immigrant Worker Protection Act, that requires employers to inform workers before handing over their employment records to federal authorities. Mendez ruled that the government’s case against other provisions of AB 450 would be allowed to go forward that make employers risk a fine for failing to keep federal agents out of their workplaces without a warrant.

This Tiny California Beach Town Is Suing Big Oil. It Sees This Is A Fight For Survival.

June 29, 2018 David Hasemyer, Insideclimatenews.org Resist! California, Lawsuit, Oil

IMPERIAL BEACH, California—Among Serge Dedina's first stops on a brisk morning tour of this small seaside city is a wall that separates a row of frayed apartments from wetlands known as the San Diego Bay Wildlife Refuge. Artists are dabbing finishing touches on a mural of sea birds against a flamingo-pink wall. This splash of color is important to Dedina. It's something he can do—his city's leadership can do—to cheat the austerity that comes with having one of the smallest city budgets in the state. Dedina, 53, is the mayor of this oceanfront community at the southern edge of California, separated from Mexico by the estuary of the Tijuana River. Water marks three borders around Imperial Beach. And what prosperity there is in Imperial Beach comes from the ocean and its surf. The city logo is a classic Woody station wagon with a surfboard poking out of the back.

Two Boys Sue The U.S. Government For Separating Them From Their Fathers

June 27, 2018 Ryan Devereaux, Theintercept.com Educate! Courts, ICE, Immigration, Lawsuit, Repression, Undocumented

INSIDE THE HEARTLAND International Children’s Rescue Center in Chicago, Illinois, two young boys sit and wait. One is 15 years old. The other is 9. Their fathers are more than a thousand miles away, at two for-profit detention centers on the border. The two families came from Brazil, seeking asylum in the U.S. Instead, they were locked up. It’s been nearly a month since the four were separated. Only one of the boys has been able to speak to his father and even then, the conversation was brief. On Wednesday, as President Donald Trump prepared to sign an executive order with potentially sweeping implications for immigrant detention, the boys became the latest plaintiffs to challenge the administration’s family separation practices. Their complaints, filed in Chicago, appeal to the same critical federal consent decree, known as the Flores settlement, that the president is now seeking to circumvent.

Judge Slams Family Separation As ‘Brutal, Offensive’ Conduct, Lawsuit Proceeds

June 8, 2018 Staff, Aclu.org Resist! ACLU, Immigration, Lawsuit, Trump Administration, Undocumented

SAN DIEGO — A federal judge ruled that the American Civil Liberties Union’s challenge to the Trump administration’s practice of forcibly separating asylum-seeking parents and young children can proceed. The Trump administration argued that these asylum-seeking families had no constitutional right to remain together. The court squarely rejected that position stating that “Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency.” Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, had this reaction: “In the most forceful language, the court rejected the Trump administration’s claim that the Constitution permits it to engage in the inhumane practice of tearing little children away from their parents.”

Landmark Lawsuit Claims Monsanto Hid Cancer Danger Of Weedkiller For Decades

May 25, 2018 Carey Gillam, Theguardian.com Resist! Cancer, Lawsuit, Monsanto

At the age of 46, DeWayne Johnson is not ready to die. But with cancer spread through most of his body, doctors say he probably has just months to live. Now Johnson, a husband and father of three in California, hopes to survive long enough to make Monsanto take the blame for his fate.On 18 June, Johnson will become the first person to take the global seed and chemical company to trial on allegations that it has spent decades hiding the cancer-causing dangers of its popular Roundup herbicide products – and his case has just received a major boost. Last week Judge Curtis Karnow issued an order clearing the way for jurors to consider not just scientific evidence related to what caused Johnson’s cancer, but allegations that Monsanto suppressed evidence of the risks of its weed killing products.

WA Court Dismisses Seven-Year Lawsuit Over Boycott Of Israeli Goods

May 4, 2018 Staff, Ccrjustice.org Resist! boycott, Courts, Israel, Lawsuit, Washington

March 9, 2018, Olympia, WA – Today, a Washington State court ended a seven-year litigation battle against former volunteer board members of the Olympia Food Co-op over their decision to boycott Israeli goods. The lawsuit was first filed in 2011 by five co-op members seeking to block the co-op’s boycott and to collect monetary damages against the board members. Two of the five members pulled out of the case, and none of the defendants originally named in the case remains a board member of the co-op. The court granted the motion for summary judgment from the former board members, who were represented by Center for Constitutional Rights (CCR) and co-counsel, finding the plaintiffs had no standing to bring a case because they failed to show the co-op was injured.

Boulder Sues Exxon Over Climate Change: Wildfires, Droughts And Water Are A Few Reasons Why

April 19, 2018 Staff, Insideclimatenews.org Resist! Climate Change, Colorado, Exxon, Lawsuit

In Boulder, Colorado, climate change means extreme weather and wildfires. It means worrying about water security for people and farms, and about heat waves and mosquito-borne diseases. These aren't just future risks—they're problems the city and its surrounding county are facing now. On Tuesday, the city and Boulder County joined San Miguel County, home to the ski slopes of Telluride, in suing two fossil fuel companies—ExxonMobil and Suncor—over the costs of dealing with climate change. Their lawsuit is the latest in a string of legal actions by communities that are attempting to hold fossil fuel companies accountable for the problems climate change creates. Until now, the plaintiffs had been coastal cities and counties worried primarily about sea level rise.

Fossil Fuels On Trial: Where The Major Climate Change Lawsuits Stand Today

April 6, 2018 David Hasemeyer, Insideclimatenews.org Resist! Climate Change, Fossil Fuels, Lawsuit

A wave of legal challenges that is washing over the oil and gas industry, demanding accountability for climate change, started as a ripple after revelations that ExxonMobil had long recognized the threat fossil fuels pose to the world. Over the past few years: Two states have launched fraud investigations into Exxon over climate change. Nine cities and counties, from New York to San Francisco, have sued major fossil fuel companies, seeking compensation for climate change damages. And determined children have filed lawsuits against the federal government and various state governments, claiming the governments have an obligation to safeguard the environment. The litigation, reinforced by science, has the potential to reshape the way the world thinks about energy production and the consequences of global warming.

US Judge Tosses Saudi Arabia’s Motion To Dismiss 9/11 Complicity Lawsuits

March 30, 2018 Staff, Rt.com Resist! 9/11, Courts, Lawsuit, Saudi Arabia

US District Judge George B. Daniels in Manhattan has dismissed the motion filed by Saudi Arabia to end long-running litigation over what those affected by the 9/11 terrorist attacks claim is Riyadh’s complicity in the tragedy. The allegations put forward by the victims’ relatives and those who were injured in the attack “narrowly articulate a reasonable basis for this Court to assume jurisdiction under JASTA (The Justice Against Sponsors of Terrorism Act) over Plaintiffs’ claims against Saudi Arabia,” Daniels stated in the court opinion. Taking this into account, “this Court will exercise its discretion to allow Plaintiffs limited jurisdictional discovery,” it added before announcing the Saudi Arabian motion dismissed. JASTA, passed by Congress in 2016, overriding then-US President Barack Obama’s veto...

Mining Companies Sue Montana After They’re Told To Clean Up Old Projects Before Starting New Ones

March 28, 2018 Matthew Brown, Billingsgazette.com Educate! Lawsuit, Mining, Montana

An Idaho mining company sued Montana environmental regulators on Friday for labeling the company and its president "bad actors" who should pay for cleanups at several polluted sites before pursuing two new mines beneath a wilderness area. Attorneys for subsidiaries of Hecla Mining described the state's allegation that the company is responsible for past and ongoing pollution from defunct mines as frivolous. Hecla, based in Coeur d'Alene, Idaho, claims to be the oldest precious metals mining company in the United States. It says it had no direct involvement in the polluted mines at issue. Hecla's president, Phillips S. Baker Jr., who also chairs the National Mining Association, was formerly the chief financial officer for Pegasus Mining Co. of Spokane, Washington.

Judge Says Groups Can Sue To Keep Arctic, Atlantic Drill Ban

March 22, 2018 Staff, APNews.com Resist! Arctic, Arctic drilling, Courts, Lawsuit

ANCHORAGE, Alaska (AP) — A lawsuit challenging President Donald Trump’s reversal of a ban on petroleum drilling in most of the Arctic Ocean and Atlantic underwater canyons can move forward. Federal court Judge Sharon Gleason ruled Monday in Anchorage, Alaska, that environmental groups can sue to keep the ban in place. Former President Barack Obama withdrew Arctic waters under provisions of the Outer Continental Shelf Lands Act. Obama also banned exploration in 5,937 square miles (15,377 square kilometers) of Atlantic Ocean canyon complexes. Environmental groups say presidents can permanently withdraw areas but the law makes no provision to reopen areas.

Whistleblowers Sue City’s Top Health Insurance Providers

March 20, 2018 By Brigid Bergin, Wnyc.org Educate! Health Insurance, Lawsuit, Whistleblowers

Three whistleblowers representing New York City employees and retirees are suing the city’s top health insurance providers for defrauding taxpayers of more than a billion dollars. The lawsuit unsealed in New York Supreme Court last month alleges that GHI, along with parent company EmblemHealth and their partner, Empire Blue Cross Blue Shield, engaged in a long-running scheme that provided inadequate healthcare to city employees and retirees — while collecting $3 billion in premiums from the city each year. The GHI-Empire plan covers 600,000 people — about 75 percent of city workers, retirees and families. In a 63-page complaint, the plaintiffs say the companies filed false claims to overstate their expenses by an average of $55 million dollars a year between 2008 and 2014.

TSA Sued Over Searches Of Digital Devices

March 16, 2018 Staff, Aclunc.org Resist! ACLU, FOIA, Lawsuit, Surveillance, TSA

The American Civil Liberties Union Foundation of Northern California filed a Freedom of Information Act (FOIA) lawsuit today demanding government documents about Transportation Security Administration (TSA) searches of electronic devices belonging to people traveling on domestic flights. “The federal government’s policies on searching the phones, laptops, and tablets of domestic air passengers remain shrouded in secrecy,” said Vasudha Talla, Staff Attorney with the ACLU Foundation of Northern California. The lawsuit seeks records from the TSA field office in San Francisco, California and the TSA headquarters in Arlington, Virginia. In particular, the lawsuit seeks records related to policies, procedures, or protocols regarding the search of passengers’ electronic devices; equipment used to search, examine, or extract data from passengers’ devices...

Children’s Climate Lawsuit Heads To Trial

March 10, 2018 Nicholas Kusnetz, Insideclimatenews.org Resist! Climate Change, Lawsuit, Trump Administration

A federal appeals court rejected the Trump administration's attempt to halt a landmark climate change lawsuit on Wednesday, ruling that the case can proceed to trial in a lower court. The lawsuit, brought in 2015 by 21 youths, argues that the federal government has violated their constitutional rights by failing to act on climate change. "We're excited to be back in the district court," said Julia Olson, chief legal counsel for Our Children's Trust, a nonprofit that is representing the youths. "We'll promptly ask for a new trial date for 2018 and get there as quickly as we possibly can, given the urgency of the climate crisis." The plaintiffs are asking the courts to force the government to enact policies that would cut the nation's greenhouse gas emissions and end subsidies to fossil fuel companies.

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