The case has been assigned to Judge John R. Adams, a George W. Bush appointee who has a … less-than-stellar … record as a judge. (He’s been removed from multiple cases and had other issues, including a long legal fight with the 6th Circuit Judicial Council, while on the bench.)
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Here’s an article from last year on the settlement in the 6-year-fight over Adams’s behavior on the bench. beaconjournal.com/story/news/202…
From DOJ's complaint: "Approximately eighty percent of the compensation for NS Corporation’s executives are based on performance metrics. ... [A]nnual reports show a stark contrast between the
increases in operating income and the drop in railroad operating costs."
"Norfolk Southern produced the below photograph showing the derailed rail cars and describing their contents."
"51. Firefighting efforts required the use of firefighting materials."
This is followed by five pages detailing how waters implicated in the East Palestine derailment are waters of the United States. (pp.12-16)
The three specific claims by DOJ against Norfolk Southern are "Discharge of Pollutants in Violation of Clean Water Act"; "Discharge of Oil and Hazardous Substances in Violation of the Clean Water Act"; and "Cost Recovery," citing 42 USC 9607. See: law.cornell.edu/uscode/text/42…
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Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.
Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction.
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days.
Here's my thread on the preliminary injunction ruling from Feb. 29:
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com
For background on this issue (while I'm reading and writing), here's some a post relating to the still-pending SCOTUS stay application filed by Idaho in the inverse EMTALA litigation, where DOJ sued Idaho: lawdork.com/i/139439910/th…
BREAKING: Supreme Court will NOT hear case over Washington's conversion therapy ban, over the objection of Thomas, Alito, and Kavanaugh. Thomas and Alito write.
Supreme Court also DENIES RFK Jr.'s request to intervene at SCOTUS in Murphy v. Missouri, the case over Biden administration social media influence out of the Fifth Circuit. Thomas notes his dissent.
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.
Jordan and Rosenbaum, both Obama appointees, hold that the district court did not abuse its discretion in granting an injunction prohibiting all enforcement of the ban, given its underlying finding that the law is likely overbroad and this likely facially unconstitutional.
Brasher, a Trump appointee, dissents and would grant a partial stay, finding the injunction to be, itself, overly broad to achieving the goal of protecting the plaintiff’s rights.