Plaintiff may sue on facts revealed in failed mediation

“A more frivolous counterclaim cannot be imagined.  Counsel for [the defendant] are ordered to show cause why they — attorneys licensed to practice in this court — should not be sanctioned for wasting this Court’s time and the [plaintiff’s] resources by asserting such a claim.”

Thus concluded the federal District Court in Manhattan when the American Society for the Prevention of Cruelty to Animals sued its former CFO for breach of fiduciary duty and the CFO counterclaimed for breach of the confidentiality provisions in the parties’ mediation agreements.

OR Court enjoins HHS Declaration against gender-affirming care

The federal District Court in Oregon (Mustafa T. Kasubhai) has enjoined the Department of Health and Human Services from seeking to enforce Secretary Robert F. Kennedy, Jr.’s Declaration that the provision of gender-affirming care fails “to meet professional[sic] recognized standards of health care” and that any organization providing such services can be terminated from the federal Medicaid and Medicare programs.

Safehouse can’t amend pleadings to add president’s claim

The Pennsylvania nonprofit corporation seeking approval to run a safe injection site for users of illegal drugs in Philadelphia has been denied a request to add its president’s personal claim for religious liberty to the litigation.  The District Court called the request a “ploy” that had already been rejected by the Court of Appeals.

Pastor’s homestead is protected in bankruptcy

An individual who attended a weekend retreat at Soul Quest Church of Mother Earth in Florida consumed ayahuasca, a regulated hallucinogenic, as part of the Church’s sacraments in 2018 and became ill and died a short time later at the hospital. His personal representative sued the Church and its pastor and was awarded a $15 million judgment, of which $9 million is owed by the pastor.

CA Court orders CFPB to request funding

The federal District Court in Northern California (Edward J. Davila) has ordered Russell Vought, the Acting Director of the Consumer Financial Protection Bureau, to request funding for the Bureau from the Federal Reserve Bank, finding that his effort to “shut down” the agency is an arbitrary and capricious violation of the Administrative Procedures Act.

Remote worker can’t sue employer in home court

A fully remote employee of a nonprofit corporation cannot sue his employer for wrongful termination in the court of the employee’s home state, a federal district Court in Illinois had held.  The Court found that the employer did not have sufficient contacts with the state to create personal jurisdiction.

Electioneering Case Dismissed For Lack of Jurisdiction

Court says effort to overturn ‘Johnson Amendment’ for churches is barred by Tax Anti-Injunction Act

The case filed by the National Religious Broadcasters and two churches to invalidate the prohibition against charities’ participation in elections has been dismissed by a Federal District Court in Texas.  The case has been dismissed even though the plaintiffs and the Internal Revenue Service had agreed to a consent decree under which the IRS would not enforce the statute against the two churches.

The Court said it had no jurisdiction to decide the case under the Tax Anti-Injunction Act and the Declaratory Judgment Act.