Short Circuit: A Roundup of Recent Federal Court Decisions
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New on the Short Circuit podcast: City officials just can’t help themselves from tearing down people’s homes.
- In 2014, the Russia-backed Donetsk People’s Republic shoots down Malaysia Airlines Flight 17, en route from Amsterdam to Kuala Lumpur, killing all 298 people aboard. (Russia denies involvement.) The family of an American passenger sues Sberbank, alleging that its U.S. branches facilitated money transfers to DPR that funded terrorism. Russia then becomes majority owner of the bank—meaning that the bank is now immune from suit, right? Second Circuit: Wading through several issues of first impression, the court holds that neither the Foreign Sovereign Immunities Act nor the Anti-Terrorism Act shield Sberbank from suit.
- Following horrific, race-motivated shooting in a Charleston, S.C. church, one of the victim’s children sued Facebook for allegedly recommending extremist groups to the shooter (via algorithm) that fueled his radicalization. Fourth Circuit: Facebook is immune from the child’s state tort claims under Section 230 of the Communications Decency Act because it merely curated and displayed others’ speech. Case dismissed. Partial dissent: Curating content is one thing; “‘You Should Join’ this hate group” is Facebook’s own speech. Claims regarding the latter allegations should proceed.
- To combat the opioid crisis, Congress permits certain healthcare providers to administer methadone—provided they give patients counseling services as well. Asheville, N.C. physician assistant files False Claims Act suit against her former employer, alleging the company systematically documented therapy and counseling sessions that never took place. Fourth Circuit: Yikes. All this at least gets her past the pleadings; most of the case can proceed.
- In 1940, fourteen Atlantic coastal states (and Pennsylvania) formed the Atlantic States Marine Fisheries Commission, with Congress’s blessing, to recommend fishery-management plans to the compacting states. Last year, the Commission voted to adopt a plan that recommends limiting the customers of Maryland charter boats to keeping one striped bass per day. Maryland charter boats: Wait … what? That’s unconstitutional! Fourth Circuit: You’re not regulated by the Commission, but by Maryland, which you haven’t sued and which has more stringent laws than the Commission’s plan. No standing. (Obligatory maritime pun at page 5: “But striped bass were still not off the hook.”).
- Allegation: Maryland has allowed ineligible people to vote, which violates my rights by diluting my vote. Fourth Circuit: “The vote dilution caused by the counting of an unknown number of invalid third-party votes affects all voters in a State in the same way. That generalized injury cannot support Article III standing.”
- The owners of a Charleston, S.C. timber farm want to develop a portion into 9,000 new homes, schools, city services, and a medical center. They’ve been seeking permits from numerous agencies since 2012, culminating in a set of permit modifications in 2024 to ensure construction did not unduly disturb the endangered northern long-eared bat. Though no such bats have ever actually been seen on the property, and it represents just a fraction of forest habitat in the state, a coalition of conservation groups sue to block construction pending further environmental review. Fourth Circuit: We appreciate you going to bat for these critters, but there’s no need for more environmental paperwork.
- In 2019, a Baltimore, Md. worker drowns in vat of sewage after a catwalk collapses. District court: And though state investigators found a bevy of safety violations at the wastewater treatment plant that contributed to her death, the city is off the hook on thes
Article from Reason.com
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