Monday, May 16, 2022

Class Action Lawsuit Against Federal Government

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Federal Employees Fight Covid Vaccine Mandates In Court

Canadian Veterans Lawsuit Against Government

With a looming deadline of Nov. 22, 2021, thousands of federal employees and contractors continue to push back against the Biden administrations sweeping COVID vaccine mandates. According to The Washington Post, tens of thousands of federal employees remain unvaccinated pending word on whether religious or medical exemptions will be approved.

Federal employees who fail to comply by Nov. 22, including those who are teleworking, are in violation of a lawful order and are subject to discipline, up to and including termination or removal.1

Federal Prisoner Mental Health Class Action

In 2015, Koskie Minsky LLP commenced a class action against the Attorney General of Canada on behalf of all inmates incarcerated in Federal correctional institutions who were seriously mentally ill. The case alleges, among other things, that Canada breached sections 7, 9 and 12 of the Canadian Charter of Rights and Freedoms by subjecting mentally ill inmates to periods of administrative segregation. The action was certified as a class proceeding in December 2016.

The court has ordered an amendment to the class definition to exclude those seriously mentally ill prisoners who were never in administrative segregation.

The claim now covers the following class:

All offenders who were placed in administrative segregation, who were diagnosed by a medical doctor with an Axis I Disorder , or Borderline Personality Disorder, who suffered from their disorder, in a manner described in Appendix A, and reported such during their incarceration, where the diagnosis by a medical doctor occurred either before or during incarceration in a federal institution between 1992 and present.

Appendix A refers to:

Please note that the Claims process for the Federal Administrative Segregation Class Actions is done by the Administrator, Epiq Class Action Services Canada Inc., and not Koskie Minsky LLP. The Administrators website, all documents, and answers to frequently asked questions is available at:

Afn Files $10b Class Action Against Federal Government Over Treatment Of Indigenous Children

The Assembly of First Nations has filed a class action lawsuit against the federal government seeking $10 billion in damages for what it says is a policy of under-funding children and family services for Indigenous children living on reserves and in the Yukon.

The suit alleges the federal government “systematically ignored” Jordan’s Principle which states that Indigenous children on reserves must not be kept waiting for vital social services because governments can’t agree on who should pay for them.

The lawsuit also claims that by under-funding services for Indigenous children, the federal government created an incentive to remove them from their homes and place them in foster care as the “first not the last resort.”

“Year after year, generation after generation, Canada systemically discriminated against First Nations children and families simply because they were First Nations,” said AFN National Chief Perry Bellegarde in a statement.

“It did so by under-funding preventive care, perpetuating the historical disadvantage resulting from the residential schools. Canada breached its responsibility to our children and families, infringed on their charter rights and caused them real harm and suffering. We will always stand up for our children.”

The lawsuit, which has not been certified by a court, also calls for reforms to eliminate discrimination and prejudice from the child welfare system.

Judicial review

Taking the lead

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The Right To Fish ‘does Not Exist’ Ottawa Argues But Bc Court Rules Class Action Lawsuit Over Geoduck Clams Can Go Ahead

A class action suit against the federal government can go ahead, despite Ottawa’s claims that the right to fish “does not exist,” a B.C. judge has ruled.

In a judgment issued last week and recently posted online, Justice Simon R. Coval was asked whether a lawsuit involving the harvesting of a bizarre-looking mollusk could go ahead, a suit the government claims is “bound to fail.”

The issue involves 15 areas off the southern end of Haida Gwaii. Until 2019, these areas were used for commercial fishery of geoduck clams, but, in an attempt to protect a sensitive ecosystem, the government has since expropriated the area.

Those spots are now strictly protected.

Those behind the claim James Austin, Darrell Thomas and two companies called Hideaway II Ventures Ltd. and Front Line Diving Ltd. say they aren’t challenging the government’s right to protect such areas, but they’re seeking compensation for future income loss if they can no longer harvest geoducks from those spots.

On their side, the class action lawsuit is an attempt to get back some of the money they say they would have earned through fishing the property.

On the federal government’s side, the legal battle is a fight over a made-up right.

In his summary, Coval wrote that Ottawa argues “the claim seeks compensation for loss of an alleged right the right to fish that does not exist, and is a variation on a theme that has repeatedly failed in our courts.”

Cerb Class Action Lawsuit Filed After Government Asks For The Money Back

Asylum

UPDATE: On February 9, 2021 Prime Minister Justin Trudeau announced that self-employed Canadians will not have to pay the government back the Canada Emergency Response Benefits they received.

For people who accessed CERB based on their gross income instead of net income, as long as you met the other eligibility criteria, you will not have to return your CERB payments, Prime Minister Trudeau reportedly said in a press conference on Tuesday.

The announcement provides a breath of relief for those who were initially on the hook to pay back up to $14,000 amid the ongoing pandemic struggles. The announcement is also a pivot from the governments previous position that resulted in the CRA sending out hundreds of thousands of letters reportedly requesting the money back.

The governments initial stance on the mix-up sparked this class action lawsuit filed by a retired teacher claiming her and other self-employed Canadians were not to blame for the money mistake.

The prime minister agreed saying in part, Our priority is ensuring that you and your family get through this pandemic and back on your feet.

Those who paid the money back to the government with haste will get it back, according to a Global News report.

Top Class Actions will continue to update this news article as it develops. Click on the Follow Article at the top of this page to get the latest updates about the CERB repayment class action lawsuit by using your free Top Class Actions account.

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Black Class Action Lawsuit

Representative plaintiffs Michelle Herbert, Nicholas Marcus Thompson and Kathy Samuel
Court
Nicholas Marcus Thompson et al V. Her Majesty the Queen
Citation
Associate Chief Justice Jocelyne Gagné
Keywords
Black class action, systemic discrimination, racism, Canada

Nicholas Marcus Thompson Et Al V. Her Majesty The Queen is a landmark case known as the Black Class Action Lawsuit filed with the Federal Court of Canada on December 2, 2020. The $2.5-billion claim filed by both current and former Black public servants seeks damages for “the unjust practice of Black employee exclusion due to systemic discrimination” dating back to the 1970s

A Guide To Legal Claims Against Federal Or State Agencies

In 2015, 21 youth plaintiffs took on the federal government in a fight for climate action. Three years later, their case reached the U.S. Supreme Court. The court ruled unanimously in their favor, making the toxic tort lawsuit a significant piece of U.S. legislative history. The momentous case further proved that despite how cliché it sounds, the people really do have power. U.S. citizens have the right to sue both the state and federal government. This means you can earn compensation if you were hurt or harmed by a government agency or employee. While taking the government to court is possible, its not always straightforward. This article covers the basis of these claims and information on how to sue the government.

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Legal Scholar Says Lawsuit Has Claims Worth Examining

Among the personal stories contained in the statement of claim is that of a 23-year-old Hamilton man with autism who has the emotional capacity of a four-year-old. His guardian claims in the suit that the man doesn’t have the capacity to understand pandemic health measures, which have “totally mentally devastated” him by depriving him of his routines and his social and emotional network.

Another account is of a Mississauga woman who says she can’t wear a mask because it triggers a traumatic memory of having a mask forcibly held over her face during a sexual assault.

The claim states the woman is often faced with a choice when she goes out in public without a mask: risk being embarrassed by disclosing her private history or be denied service at local businesses.

“I don’t think we need to violate people’s privacy or have them disclose medical conditions, particularly in the context of a private business,” said Jacob Shelley, an assistant professor of health law and ethics at Western University in London, Ont., who examined an unredacted copy of the lawsuit provided by CBC News.

“We need to have a discussion about what does it mean to mandate masks. What does it mean to have everyone wear masks when you’re indoors and you can’t socially distance, because I think there are going to be legitimate instances where people are going to be unable or unwilling to wear a mask for reasons that really are their own.

The Federal Government Vaccines And Security Clearances

Teens File Class Action Lawsuit Against the Government – Behind the News

Federal employees will have a higher standard to meet than others subjected to similar mandates such as all healthcare workers employed at facilities receiving Medicare and Medicaid funding and all private employers with 100 or more employees. The span of government control over their employees makes it more difficult for them to use the constitution successfully in their lawsuit.

Of course, this discussion is all very relevant to the status of security clearances for those involved in the lawsuits or for those who just simply refuse the vaccine. While this has been mentioned in several recent articles published on this site, the conclusion is well.inconclusive. With so many variables and agencies involved and OPM giving fairly generic guidance, time will have to tell the true impact on clearances all of this will have.

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Can You Sue The Government

Yes, you can sue the United States government for injuries suffered as a result of:

  • The negligent or wrongful acts of government employees
  • Defective equipment or machinery owned and operated by the federal government
  • Negligently maintained property owned by the federal government, such as post offices, national parks and government buildings

Under the Federal Tort Claims Act, before you can file a lawsuit against the federal government, you must submit a written claim to the federal agency that committed the negligent or wrongful act informing the government of your intention to sue and the amount of compensation you are seeking. The federal agency is then required to investigate your allegations and inform you in writing if it will offer you compensation for your injuries.

After the federal government mails its settlement offer or rejects your claim outright, you have six months to file a lawsuit. You are prohibited, however, from filing a lawsuit if the government has offered to pay the total amount of damages you requested in your claim letter. Many states have similar requirements for filing lawsuits involving the negligent or wrongful acts of state governments.

Lawsuits Vs The Federal Government By Administration

The summary below indicates the number of multistate lawsuits against the Biden, Trump, and Obama Administrations . Note that there are a few different ways to classify what counts as a multistate lawsuit. The definition of each is below, going from the narrowest to broadest definition. Cases from each of these categories are included in the searchable table, but you can restrict the results to match your preferred definition of multistate lawsuit using the Filter by Type of State Involvement filter below.

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*NOTE: All five Democratic AG-led lawsuits versus the Biden Administration challenged Trump-era regulations. Four of the Republican AG-led lawsuits versus the Trump Administration challenged Obama-era regulations.

The table below is fully searchable using the search bar below. Entering any search terms will automatically filter case descriptions containing only those terms. You can also use the filters below to search for cases involving certain states or outcome results.

Please visit this page for more information on what cases are included in this table and the case collection methods. Charts and aggregate totals using the lawsuit information below are available at this link.

Individuals and the media are welcome to use this data for their research or other projects. If used in a published piece, please provide a citation to: Dr. Paul Nolette, AttorneysGeneral.org.

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Can A Lawyer File A Sf95 Notice Of Claim For Me

Yes. SF95 forms have a field to identify the legal representative filing your claim. Because there are specific procedural steps to be taken, an attorney familiar with the FTCA can help ensure your paperwork is processed correctly. Attorneys can help claimants with aspects such as:

Time deadlines: Notice of Claims often must be filed within two years of the injury . Utilizing the services of an attorney can help ensure your claim is filed in a timely manner to preserve your rights. Once your claim is submitted, the federal government has six months to make a decision on your claim.

Once the government rules on your notice of claims, you have six months to file a lawsuit if you are not awarded the full amount of money you asked for. Consult with a DC personal injury lawyer to determine which deadline applies to your injury case.

Supporting documents: Notice of Claims usually must include supporting documents for their injuries and/or property damage. Attorneys can assist in collecting documentation recording the extent of the injury, hospitalization, treatment, the degree of any disabilities. In wrongful death cases, you may need to include invoices for burial expenses.

Considerations When Filing A Claim Against The Government

Injured Portland protesters file class action lawsuit ...

Knowing how to sue a county government agency or state government agency requires an understanding of local statues, exemptions, and limitations. For example, local and state government employees in Illinois are protected under the 745 ILCS civil immunities act. This is one of the many reasons why it is recommended you work with an experienced attorney in your state. He or she can help submit your notice of claim, meet time limitations, and ensure your case is as strong as possible. Despite these restrictions, taking legal action against government agencies and employees who have caused harm is important. Not only does it increase your chances of earning fair compensation for your damages, it can help others who have been wronged while also increasing government accountability. In cases where a government agency or its employees caused harm to multiple people, a class action lawsuit* could be appropriate. Its also crucial that you file your claim in a timely manner. As mentioned earlier, FTCA claims must be filed within two years of the incident or accident. The agency then has six months to admit or deny your claim. After the agency responds, you have six months to file a lawsuit or accept their ruling. When dealing with state government or district courts, these timelines might be different.

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Casa Files Lawsuit Against Federal Government To Keep Daca Casas Lawsuit Argues Government Did Not Follow Proper Procedures In Ending The Program And Discriminates Against Mexicans And Central Americans

LANGLEY PARK, Md. _ Today, on the deadline for the last DACA renewal applications to be received by immigration, CASA and a legal team that includes Arnold & Porter, Kaye Scholer, LLP, the Washington Lawyers Committee for Civil Rights and Urban Affairs, Willkie Farr & Gallagher LLP and the Civil Rights Clinic of the Howard University School of Law, announced they are suing the federal government over the elimination of the successful Deferred Action for Childhood Arrivals program, which has given work status to more 800,000 immigrants who came to the United States as minors.

CASAs lawsuit argues that the government did not follow proper procedures in ending the program and was instead motivated by an unconstitutional racial animus against Mexican and Central American DACA beneficiaries. The suit seeks to reinstate DACA and protect the privacy of individuals who were induced to submit sensitive personal information to immigration officials when they applied.

The information provided by the applicants was never meant to be used by U.S. Immigration and Customs Enforcement to terrorize DACA applicants and their families. Despite repeated assurances that their information would not be shared with ICE, the administration is now backing away from those assurances, creating widespread fear in the DREAMer community.

For DACA recipients, the situation is urgent.

When Can You Sue The Government

For a majority of United States history, the doctrine of sovereign immunity prohibited citizens from suing state or federal governments and their employees. Luckily this began to change in the mid-1900s legislation shifted towards increased government accountability and citizen rights. In 1946, the Federal Tort and Claims Act was signed into law, waiving the federal governments immunity to tort claims. After the passing of the FTCA, many states followed suit with individual state tort claims acts. These acts limit sovereign immunity, meaning that federal and state governments can be held liable for certain actions. Citizens can now sue federal agencies and employees for claims of negligence . For example:

The passing of the FTCA and subsequent state claim acts marked the beginning of a new era of government accountability. However, sovereign immunity still exists in many forms today. Unless a claim is permitted by the FTCA or state law, the government is likely to be protected against a suit. Better understanding the FTCA and state exemptions will help you determine if you have a valid claim.

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