This case involved a challenge by former general category scallop permit holders to Amendment 11 of the Atlantic Sea Scallop Fishery Management Plan, a final rule issued by the National Marine Fisheries Service that imposed new limits on participation and catch in the fishery. The plaintiffs sought summary judgment declaring the amendment invalid under the Constitution, the Administrative Procedure Act, and the Magnuson-Stevens Fishery Conservation and Management Act, arguing flaws in the process for setting control dates, public notice, and allocation decisions. The defendants cross-moved for summary judgment, contending that the amendment was properly developed through the New England Fishery Management Council with adequate public input and consistent with statutory requirements. The court denied the plaintiffs' motion and granted the defendants' cross-motion after reviewing the administrative record, finding that the amendment complied with the Magnuson-Stevens Act's procedural and substantive standards, including national standards for fishery management, and was not arbitrary or capricious under the APA.
Plaintiff Joseph Collick, a marine construction worker, sued his former employer Weeks Marine for personal injuries sustained in a fall from a crane barge while working at a naval station pier, claiming seaman status and seeking damages under the Jones Act and general maritime law after Weeks discontinued voluntary LHWCA benefit payments upon the lawsuit's filing. Collick moved for a preliminary injunction to compel Weeks to pay maintenance and cure benefits under maritime law due to his ongoing medical needs and financial hardship. The court granted the motion, finding a likelihood of success on the merits because Collick had a substantial connection in duration and nature to the vessel in navigation, making him a seaman entitled to such benefits, and that irreparable harm would otherwise result.
This case involved plaintiff National Reprographics, Inc. (NRI) seeking to enforce a non-competition clause in an employment agreement against former District Manager Robert J. Strom to prevent him from joining competitor FLM-Reprographics, Inc. (FLMR). NRI argued that Strom had access to confidential business strategies, customer information, and growth plans in overlapping markets, while defendants contended the clause was ambiguous, overly broad, and unnecessary to protect legitimate interests. After issuing a temporary restraining order, conducting expedited discovery, and holding hearings, the court granted NRI's motion for a preliminary injunction. The decision was based on findings that Strom possessed proprietary information warranting protection and that the non-compete terms were reasonable under New Jersey law.
This case is a sentencing memorandum for Atlantic States Cast Iron Pipe Co. and four individual defendants convicted on multiple counts involving OSHA-related offenses, Clean Water Act violations for mishandling pollutants, Clean Air Act violations, and obstruction of justice including perjury. The court calculated each defendant's guideline range under the U.S. Sentencing Guidelines by determining the applicable edition, applying base offense levels under sections such as 2J1.2 and 2Q1.3, adding enhancements for discharges without permits or substantial interference with justice, adjusting for role in the offense and abuse of trust, and grouping multiple counts. The core reasoning examined statutory elements of the convictions, guideline commentary on environmental pollutants and obstruction, evidence from trial testimony regarding specific acts like concealing forklift defects or falsifying records, and whether departures were warranted for negligent conduct.
This case involved the conviction of Atlantic States Cast Iron Pipe Co. and several employees on charges including conspiracy to obstruct OSHA proceedings, making false statements to OSHA, and related offenses under the Clean Water Act and Clean Air Act, stemming from alleged violations and workplace injuries at a foundry. The government moved under the Crime Victims’ Rights Act (CVRA) to recognize six injured or deceased employees as statutory victims entitled to rights at sentencing. The court ruled the motion moot in part and denied in part, holding that the injured workers did not qualify as CVRA victims of the OSHA-related offenses of conviction. The core reasoning was that those offenses—obstruction and false statements—lacked the required direct and proximate causal connection to the personal injuries, unlike the underlying safety violations which were not charged or proven at trial, and distinguished this from other cases where victim status was established under different statutes.
The United States sued Anthony Wayne McGugan to declare a document he filed with the Ocean County, New Jersey Clerk—purporting to be a default judgment from a dismissed tax case—null, void, and without legal effect, while also seeking its expungement and an injunction against similar future filings. McGugan had previously lost a suit seeking exemption from IRS taxation and then recorded this document referencing the dismissed docket, which claimed to award him injunctive relief against the IRS and threatened arrests of its employees for non-compliance. The court granted the government's motion for judgment on the pleadings, finding the filed document to be a fabricated instrument lacking any legal basis or court authorization. The decision relied on the fact that no valid judgment had been entered in the prior action and on precedents treating such sham filings by tax protesters as improper attempts to harass federal officials and encumber public records.