Case Summaries

Asphalt Specialties Co., Inc. v. Laramie County Planning Commission

CASE SUMMARY – NCLA is pushing back against the Laramie County Planning Commission with an appeal challenging the Commission’s unlawful decision to treat a mere “vision” document like restrictive zoning rules. The Commission did not comply with statutory requirements for zoning.

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…

Brown, Rondeau, Krausz, Jones and the National Apartment Association v. CDC

CASE SUMMARY – NCLA’s complaint asks the court to stop the agency from enforcing the unlawful order that—among other problems—violates the right to access the courts, exceeds limits on the Supremacy Clause, raises serious non-delegation doctrine concerns, and implicates anti-commandeering principles and precedents.

Carmen’s Corner Store, et al. v. U.S. Small Business Administration, et al.

CASE SUMMARY – NCLA filed the complaint in the U.S. District Court for the District of Maryland. NCLA represents Altimont Mark Wilks, a small business owner from Hagerstown, Md., who was unlawfully barred from applying for PPP loans because he is still on probation. The suit challenges unlawful portions of the agency’s Interim Final Rule that purports…

Christopher M. Gibson v. U.S. Securities and Exchange Commission

CASE SUMMARY – The case of Christopher M. Gibson v. SEC. Mr. Gibson’s case against the U.S. Securities and Exchange Commission (SEC) is disturbingly similar to scores of cases where that agency insists on putting people through pointless administrative proceedings…

Dawn Desrosiers, et al. v. Governor Charles D. Baker

CASE SUMMARY – In response to the serious health threat posed by the COVID-19 pandemic, Massachusetts Governor Charlie Baker declared a state of emergency under the Massachusetts Civil Defense Act to justify imposing draconian, “one-size-fits-all” measures across the Commonwealth…

Dr. Mukund Vengalattore 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…

James Harper v. Charles P. Rettig, et al.

CASE SUMMARY – NCLA represents Mr. Harper before the United States District Court for the District of New Hampshire. Mr. Harper’s “crime”? Holding a bitcoin wallet. The lawsuit argues that the IRS has acquired the unbridled power to demand and seize Americans’ private financial information from third parties without any judicial process…

Joel Fleming v. FDRLST Media, LLC

CASE SUMMARY – This is a case of whether a random person on Twitter can claim ‘unfair labor practice’ because a Tweet did not sit well with them. Individuals who are not directly impacted by the consequences of a comment on social media should not be allowed to co-opt the…

KC Tenants v. Byrn, et al.

CASE SUMMARY – NCLA filed a Motion to Intervene and a response in opposition to the plaintiff’s motion for preliminary injunction in the U.S. District Court for the Western District of Missouri. NCLA’s representation gives a voice to Missouri housing providers who are sidelined and suffering significant harm due to unpaid rent and monthly maintenance costs.

Kevin Gubbels and Insure My Honey, Inc. v. U.S. Department of Agriculture and U.S. Risk Management Agency

CASE SUMMARY – NCLA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Nebraska. The case, Kevin Gubbels and Insure My Honey, Inc. v. U.S. Department of Agriculture and U.S. Risk Management Agency, was filed against the U.S. Department of Agriculture…

Law Offices of Crystal Moroney v. Bureau of Consumer Financial Protection

CASE SUMMARY – The New Civil Liberties Alliance has filed a lawsuit in the U.S. District Court for the Southern District of New York challenging the funding mechanism for the Consumer Financial Protection Bureau (CFPB) as unconstitutional…

Lisa Milice v. U.S. Consumer Product Safety Commission

CASE SUMMARY – NCLA filed an opening brief in the U.S. Court of Appeals for the Third Circuit on behalf of client Lisa Milice against the U.S. Consumer Product Safety Commission (CPSC). NCLA is helping Milice, a new mother, challenge CPSC’s practice of keeping consumer product safety standards hidden behind a private paywall.

Matthew Johnson v. Philip D. Murphy, et al.

CASE SUMMARY – NCLA filed the complaint, Matthew Johnson v. Philip D. Murphy, et al., today against Governor Murphy in the U.S. District Court for the District of New Jersey, challenging Executive Order No. 128. The order, which violates federal constitutional law, state constitutional law, state contract law and state landlord-tenant law, purports to allow tenants to use their security deposits to offset rent or back rent.

MoveCorp, et al. v. U.S. Small Business Administration, et al.

CASE SUMMARY – The outbreak of COVID-19 and the government’s response to that virus have decimated the American economy. To help mitigate the economic damage and keep small businesses afloat during these unprecedented times, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Paycheck Protection Program and Health Care Enhancement Act…

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. Mike Faust and Arizona Department of Child Safety

CASE SUMMARY – 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…

Relentless Inc. et al. v. U.S. Dept. of Commerce et al.

CASE SUMMARY – The suit challenges the agencies’ unconstitutional and statutorily unauthorized effort to force fishing companies to pay for a new agency enforcement program. NCLA represents Relentless Inc., Huntress Inc. and their related company, Seafreeze Fleet LLC, in this facial challenge to DOC/NOAA’s newly promulgated rule…

Rivers End Outfitters, et al. v. Department of Commerce, et al.

CASE SUMMARY – The U.S. government is trying to force charter boats and companies that take customers fishing and sightseeing in the Gulf of Mexico to purchase a vessel monitoring system (VMS). Federal agencies will use the VMS tracking devices to monitor boats’ movements…

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…

U.S. Securities and Exchange Commission v. Spartan Securities Group, LTD., et al.

CASE SUMMARY – The SEC alleges that market-makers Spartan, and transfer agent Island, were involved in filing Form 211 applications with the Financial Industry Regulatory Authority (FINRA) to publicly list 19 issuers’ common stock to be traded and available to investors.

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.