Covid-19 Legal Action
Broadway v. U.S.
CASE SUMMARY – Mr. Broadway is challenging the lower court’s use of “Stinson deference” to sentence him as a “career offender” based on language in interpretive commentary issued by the United States Sentencing Commission that does not appear in the Sentencing Guidelines themselves.
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.
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.
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.
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.
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.