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Indian Affairs rapes
WASHINGTON — Two minor girls of the Northern Cheyenne Tribe accuse a Bureau of Indian Affairs officer of raping them while he was on duty. The girls, through their mothers, are suing under 1868's Treaty with the Northern Cheyenne and Northern Arapaho, which allows for reimbursement of injury committed by "a bad man among the whites."
No self-defense claim for Texan convicted of murder
TEXARKANA, Texas — An appeals court in Texas upheld the murder conviction of a man who shot and killed a woman who was out on bond for her alleged involvement in the murder of the man’s cousin, her former boyfriend. The evidence sufficed for the jury to decide his self-defense claim was not credible and there was no valid grounds for the court to give a sudden-passion instruction to the jury.
False rape allegation rumors
MANHATTAN — A federal court in New York declined to dismiss a nonprofit executive’s municipal liability claim against New York City, former mayor Eric Adams and members of the NYPD alleging that police officials released details of her sexual assault and accused her of filing a false rape allegation against a Black man as retaliation against her. She worked as the executive director of a foundation for young and marginalized New Yorkers and advocates for them against violent policing tactics. It is not clear whether one or more officers spread rumors that she falsely accused the Black man of rape, but it does not count as an isolated incident because rumors continued to spread after she put a high-level officer on notice of the claims.
Generic drug price inflation settlements
PHILADELPHIA — A federal court in Pennsylvania granted final approval of two class action antitrust settlements totaling about $70 million, resolving claims that Glenmark Pharmaceuticals, Greenstone and Pfizer participated in a conspiracy to inflate generic drug prices.
Washington Post dodges Trump Media defamation suit
TAMPA, Fla. — The Washington Post won summary judgment from a Florida federal court on Trump Media’s defamation complaint over its article headlined “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social.” The newspaper admits the article included false information — the claim that Trump Media Technology Group “paid a $240,000 referral fee in connection with an $8 million loan from an entity known as ES Family Trust” — and has since issued a correction, but there was no proof of malice in its actions.
Meta escapes investment scam claims
SAN FRANCISCO — A federal court in California dismissed two pump-and-dump investment scheme victims’ lawsuits against Meta, whose platforms Facebook, Instagram and WhatsApp facilitated the Chinese penny-stock schemes. The claims are barred by the Securities Litigation Uniform Standards Act, which deprives the court of jurisdiction over the claims.
Shot in the foot
SACRAMENTO, Calif. — The Supreme Court of California ruled against medical negligence plaintiffs who voluntarily dismissed their case with prejudice so they could appeal the trial court’s adverse rulings. Their case is not appealable because the trial court’s orders had not foreclosed the plaintiffs’ claims, so the action was not finally resolved. Their voluntary dismissal terminated the action and, with it, their right to appeal.
Hit man solicitation convictions vacated
SAN FRANCISCO — The Ninth Circuit ruled that a federal murder-for-hire resulting in death “is not categorically a crime of violence and therefore cannot serve as a predicate offense.” A man sought to vacate four of his convictions after he hired a hit man who killed two of his business associates, then hired another hit man to kill three others but whose murders were not carried out. The district court vacated charges that did not result in death but declined to vacate the other two; it must now vacate the two remaining solicitation convictions.
Hospital faces claim over harassment by ex
BROOKLYN, N.Y. — A federal court in New York declined to reconsider its denial of summary judgment in favor of a hospital and supervising physician sued by a surgical resident, who says the former failed to prevent his ex-girlfriend from sexually harassing him during and outside of work hours. She worked as a contract anesthesiologist at the hospital. There is a factual dispute over whether a single incident of the ex’s alleged groping constitutes a hostile work environment and whether her threats to his life and career show the groping is a pattern of conduct.
1st Circuit upholds puppy import ban
BOSTON — The First Circuit upheld a Centers for Disease Control and Prevention rule banning the importation of dogs that are under six months old into the U.S. The measure is meant to combat rabies and it is valid under the Administrative Procedure Act even as applied to dogs imported from countries that have been declared rabies-free.
Homeless Californians certified as a class
SAN FRANCISCO — A California federal court granted class certification to a group of disabled and homeless citizens who sued for property seizure and destruction under the U.S. and California Constitutions. Their state-created danger claim was not granted class certification, but the plaintiffs may pursue those claims individually. The residents say Berkeley’s policies, including evictions from encampments, violate the Americans with Disabilities Act and the Fair Housing Amendments Act.