Military Constitutional Law Civil Procedure

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Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment

Monday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a...more

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

Supreme Court Certiorari Denial Allows Circuit Split Regarding Retroactivity of the 2009 False Claims Act Amendments to Remain

On June 24, 2013, the Supreme Court denied certiorari to review the Sixth Circuit’s November 2012 decision in United States ex rel. Sanders v. Allison Engine Co. This allows a significant circuit split over the retroactive...more

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

The Massachusetts Supreme Judicial Court, in HSBC Bank USA, N.A., Trustee v. Jodi B. Matt, No. 11101 (Jan. 14, 2013), recently clarified the issue of standing for both plaintiffs and defendants in actions under the...more

Political Question Doctrine Requires Dismissal of Wrongful Death Suit Against Government Contractor in Iraq

Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more

Blunders of the Supreme Court of the United States, Part 8

The eighth in a series on blunders made by the Supreme Court of the United States. In this article the case of Cramer v. United States (325 U.S. 1, 1945) is reviewed. The blunder made is that the United States Supreme...more

Rhodes v. Macdonald et al

ORDER Denying Temporary Restraining Order

STRIKE TWO, YOU'RE OUT (of Georgia) Connie Rhodes is a military doctor who received US Taxpayer funding for her medical education and agreed to serve two years in the military in exchange for that education. Rhodes is...more

In Re: National Security Agency Telecommunications Records Litigation (This Document Relates To: Center for Constitutional Rights v. Bush)

Order Denying Plaintiffs' Motion to Supplement Their Complaint

This case is brought by the Center for Constitutional Rights on behalf of lawyers and others working with the Guantanamo Bay prisoners. It is based on the chilling effect on their ability to defend their clients due to the...more

city of enterprise v. defendant

municipal court motion to dismiss for military

State of Alabama Municipal Court Speeding ticket dismissed. Alabama Military Code forbids ticketing and/or arrest of state militia while performing their duties. A similar law exists for state legislators....more

Center for Constitutional Rights et al v Bush et al

Brief of Amici Professors of Ethics & Lawyers Practicing in the Professional Responsibility Field

This case is brought by the Center for Constitutional Rights on behalf of lawyers and others working with the Guantanamo Bay prisoners. It is based on the chilling effect on their ability to defend their clients due to the...more

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