Case Summaries

Barry D. Romeril v. U.S. Securities and Exchange Commission

CASE SUMMARY – When Barry D. Romeril settled with the United States Securities and Exchange Commission (SEC) in June of 2003 he didn’t know he would live to regret it 16 years later. That is because order to settle his…

Dr. Mukund Vengalatorre v. Cornell University and U.S. Dept. of Education

CASE SUMMARY – Dr. Vengalattore was a tenure-track professor of physics at Cornell University with an impressive history of conducting ground-breaking research. After a graduate student left his program for academic reasons, the student falsely accused Dr. Vengalattore of sexual harassment…

Howard and Karen Baldwin v. U.S.

CASE SUMMARY – Howard and Karen Baldwin, who produced the critically acclaimed movie Ray(2004) based on Ray Charles’ life, had filed a claim for the refund of their 2005 income tax. Four months before the deadline to claim a refund, they mailed a refund claim to the Internal Revenue Service (IRS) to recover approximately $168,000 in overpaid taxes by regular United States mail…

Michael Cargill v. William Barr; U.S. Department of Justice; Thomas E. Brandon; & Bureau of Alcohol, Tobacco, Firearms and Explosives

CASE SUMMARY –  May a federal agency rewrite a federal statute? May that rewrite turn otherwise innocent Americans into criminals overnight?

Michelle Cochran v. U.S. Securities and Exchange Commission

CASE SUMMARY –  James Madison once said that the concentration of all government powers in one branch is “the very definition of tyranny.” Yet, today, administrative agencies regularly exercise all three of those powers…

New Mexico v. Maggie Toulouse Oliver

CASE SUMMARY –  In 2017, the New Mexico Legislature passed Senate Bill 96 (SB96), but Governor Susana Martinez promptly vetoed it. On the very same day of the Governor’s veto, New Mexico’s Secretary of State declared that she would make the policies and provisions of SB96 law through rulemaking…

Phillip B. v. Gregory McKay and Arizona Department of Child Safety

Mr. B. worked as a caregiver at New Horizons, a group home housing male children. On the morning of June 23, 2018, Mr. B. and Mr. Lam L., another caregiver employed by New Horizons, were on duty at the group home when an alleged child-abuse incident occurred relating to G.C., a 13-year-old resident of the group home…

Raul Mas Canosa v. City of Coral Gables

CASE SUMMARY –  Coral Gables is an upscale, historic municipality of Miami-Dade County, Florida. Residents take pride in their tree-lined streets and so they call it “City Beautiful.” But the city has now lined the streets with Automatic License Plate Readers (ALPRs)…

Raymond J. Lucia v. U.S. Securities and Exchange Commission

CASE SUMMARY – The New Civil Liberties Alliance filed a complaint seeking declarative and injunctive relief against the U.S. Securities and Exchange Commission (SEC) in the U.S. District Court for the Southern District of California in the case of Ray Lucia and his…

R-CALF USA v. United States Department of Agriculture

CASE SUMMARY – Federal agencies have exponentially expanded their authority by engaging in the common-place tactic of issuing informal interpretations, fact sheets, and other forms of “guidance,” the practical outcome of which is to surreptitiously force the regulated community to comply with a variety of “policy positions” that are not legally mandatory…

Robert Shipp v. U.S. Bureau of Prisons

CASE SUMMARY –  In December 2018 the president signed the First Step Act into law. The act was a bi-partisan criminal justice reform bill, that, among other things increased the amount of merit time deductions from his sentence a federal prisoner could earn each year for good behavior…

U.S. v. Jeffrey Havis

CASE SUMMARY– Jeffery Havis was sentenced to federal prison in reliance on a provision of the U.S. Sentencing Guidelines Manual that was passed without required Congressional approval…

W. Clark Aposhian v. William Barr, et al.

CASE SUMMARY – Firearms instructor W. Clark Aposhian of Utah is a law-abiding citizen, but under the “Bump-Stock-Type Devices” Final Rule, on March 26th, 2019, he would have become a felon subject to a 10-year prison sentence unless he…

More Case Summaries are coming soon. For information on all our cases visit NCLA’s Legal Action page.