Covid-19 Legal Action

Brown 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 v. U.S. Small Business Administration

CASE SUMMARY – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group filed the complaint, Carmen’s Corner Store, et al. v. U.S. Small Business Administration, et al., 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.

Desrosiers v. Baker

CASE SUMMARY – In June, NCLA filed a complaint in Massachusetts Superior Court on behalf of small business owners, entrepreneurs, church pastors, and the headmaster of a private school, against Governor Baker’s unlawful Civil Defense Act State of Emergency. The lawsuit aims to restore constitutional governance to the Commonwealth by returning the power to protect the health and welfare of Massachusetts residents to local boards of health and the legislature, as required by law and the Massachusetts Constitution.

Johnson v. Murphy

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. 

KC Tenants v. Byrn

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.

Kravitz v. Murphy

CASE SUMMARY – NCLA filed the complaint against Governor Murphy in the Cumberland County Superior Court of New Jersey, challenging Executive Order No. 128. The order, which NCLA is also challenging on federal constitutional ground in Johnson v. Murphy, also violates the New Jersey Constitution by re-writing private contracts and the state’s landlord-tenant laws.

Mark Changizi, et al. v. Department of Health and Human Services, et al.​

CASE SUMMARY –  On March 3, the Surgeon General demanded that the tech companies turn over information about individuals who spread such “misinformation,” a clear intimidation tactic that HHS has labeled a “Request for Information” (RFI). In response to Government pressure, Twitter has permanently banned Mr. Senger, and temporarily suspended Mr. Changizi and Mr. Kotzin. The lawsuit alleges that Surgeon General Vivek Murthy and HHS Secretary Xavier Becerra, whom NCLA has sued in their official capacities, do not have the statutory authority to issue this RFI.

Martinez-Brooks v. Garland

CASE SUMMARY – NCLA seeks to obtain declaratory relief and to halt DOJ’s effort to disregard prior court decisions on prison alternatives for nonviolent and medically vulnerable people.

McArthur v. Brabrand

CASE SUMMARY – A second-grade student at Sunrise Valley Elementary School in Fairfax County, Virginia, was arbitrarily and unlawfully prevented from attending school earlier this semester, in violation of her federal and state Constitutional rights to Equal Protection and Due Process, as well as her right to receive an education under the Virginia State Constitution

Mossman v. CDC

CASE SUMMARY – NCLA filed a class-action lawsuit in the U.S. District Court for the Northern District of Iowa on behalf of Asa Mossman of Cedar Rapids, Iowa, and many other blameless housing providers left powerless against the CDC’s lawless order.

MoveCorp v. U.S. Small Business Administration

CASE SUMMARY – NCLA represents Michael Loughrey, who is the majority owner of MoveCorp, a moving company serving local business clients in Austin, Texas. The Small Business Administration (SBA) unlawfully denied Mr. Loughrey’s application for a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security (CARES) Act by virtue of SBA’s unlawful “Criminal History Rule,” which excludes all persons indicted or charged of any crime.

Norris v. Michigan State University

CASE SUMMARY – Jeanna Norris is a supervisory Administrative Associate and Fiscal Officer at Michigan State University (MSU). She has naturally-acquired immunity to COVID-19 after recovering from the virus late last year. However, the university has threatened disciplinary action, even termination, if she and other employees do not comply with the school’s mandatory COVID-19 vaccination policy.

Rodden v. Fauci

CASE SUMMARY – Federal workers with naturally acquired immunity to COVID-19 filed a class-action lawsuit against their employer, the U.S. government, as well as Dr. Anthony Fauci and other members of the Safer Federal Workforce Task Force, the group designated to act as the intermediate enforcer of the executive order mandating that all federal employees get vaccinated.

State of Missouri ex rel. Schmitt, et al. v. Biden, et al.

CASE SUMMARY – NCLA joined the lawsuit, State of Missouri ex rel. Schmitt, et al. v. Joseph R. Biden, Jr., et al., representing renowned epidemiologists and co-authors of the Great Barrington Declaration, Drs. Jayanta Bhattacharya and Martin Kulldorff, as well as Dr. Aaron Kheriaty and Jill Hines. Social media platforms, acting at the federal government’s behest, repeatedly censored NCLA’s clients for articulating views on those platforms in opposition to government-approved views on Covid-19 restrictions.​

The Property Management Connection v. Uejio

CASE SUMMARY – NCLA filed a lawsuit and motion for temporary restraining order against CFPB in the U.S. District Court for the Middle District of Tennessee for doubling down on the unlawful Halt Order issued by the Centers for Disease Control and Prevention (CDC) last September. NCLA represents The Property Management Connection, LLC, attorney Gordon Schoeffler, and the National Association of Residential Property Managers.​

Vanderstelt v. Biden

CASE SUMMARY – The Plaintiffs in this lawsuit seek judicial relief from the unlawful and unconstitutional Federal Contractor Vaccine Mandate. Two subclasses are being sought within the class-action suit, one for naturally immune contractor employees and one for remote workers.

Zywicki v. GMU

CASE SUMMARY – George Mason University (GMU) is threatening students, faculty, and staff with disciplinary action that includes “unpaid leave or possible loss of employment” for faculty if they don’t comply with the public university’s vaccine mandate. NCLA filed a complaint in the U.S. District Court for the Eastern District of Virginia on behalf of Antonin Scalia Law School Professor Todd Zywicki.