public-health

38 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-740 Susan I. Heath, Proposed Representative of the Estate of Henry A. Hurst, III, Deceased v. EcoHealth Alliance, Inc. Second Circuit 2025-12-22 Pending Amici (1) diversity-jurisdiction erie-doctrine negligence public-health research-liability strict-liability When Petitioner's husband died of COVID-19 in Colorado, she brought a wrongful death action into federal court, alleging novel tort claims against the…
25-116 Nicholas Roddy Ramlow v. Amanda Marie Mitchell Idaho 2025-07-30 Denied Response Waived appellate-procedure constitutional-rights first-amendment mootness pandemic-law public-health 1. Whether mask-wearing is symbolic or expressive speech. 2. Whether Petitioner's appeal is moot. 3. Given the cyclical nature of pandemics, the exi…
24-1290 Katie Sczesny, et al. v. Philip Murphy, Individually and in His Official Capacity as the Governor of New Jersey, et al. Third Circuit 2025-06-17 Denied Response Waived constitutional-challenge declaratory-judgment employment-termination executive-fiat public-health voluntary-cessation 1. Does the voluntary cessation doctrine require a defendant to provide affirmative assurance that the challenged conduct will not recur, particularly…
24-1186 Alvin Boone, et al. v. Illinois Department of Corrections, et al. Seventh Circuit 2025-05-20 Denied Response Waived covid-19 executive-orders mitigation-measures public-health religious-exemption workplace-safety 1. Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent…
24-1169 Amanda Jackson v. Methodist Health Service Corporation, dba UnityPoint Health - Central Illinois Seventh Circuit 2025-05-14 Denied Response Waived covid-19 executive-orders mitigation-measures public-health state-agencies workplace-safety Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent th…
24-682 Dario Politella, et al. v. Windham Southeast School District, et al. Vermont 2024-12-26 Denied Response Waived covered-countermeasure emergency-use immunity preemption public-health subject-matter-jurisdiction In Vermont, a young schoolboy was injected with a emergency use "covered countermeasure" against his and his parents' express refusals. Officials clai…
24-474 Food and Drug Administration v. SWT Global Supply, Inc., et al. Fifth Circuit 2024-10-29 GVR Response RequestedResponse WaivedRelisted (3) administrative-law arbitrary-and-capricious-standard e-cigarette-products fda-authorization public-health tobacco-control-act Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.
24-340 Jane Doe, on Behalf of Herself and Her Minor Child, Sarah Doe v. Franklin Square Union Free School District Second Circuit 2024-09-25 Denied Response Waived bodily-autonomy experimental-treatment fundamental-rights medical-intervention public-health strict-scrutiny 1. Whether a child has a fundamental right to refuse an experimental medical intervention that places her at serious risk of harm. 2. Whether stric…
24A64 Grace Bible Fellowship, et al. v. Jared Polis, Governor of Colorado, et al. Tenth Circuit 2024-07-19 Presumed Complete covid-restrictions first-amendment free-exercise public-health religious-liberty state-action Question not identified.
23-7129 Cedric Jones v. Brian Eller, Warden Sixth Circuit 2024-04-02 Denied Response WaivedIFP administrative-law appeals-court civil-rights due-process federal-court jurisdiction petition public-health rehearing standing statutory-interpretation Question not identified.
23-1038 Food and Drug Administration v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. Fifth Circuit 2024-03-19 Judgment Issued Amici (17)Relisted (2) administrative-law agency-decision agency-deference arbitrary-and-capricious e-cigarettes fda-regulation interstate-commerce public-health tobacco-control tobacco-regulation Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.
23-996 Jeanna Norris, et al. v. Samuel L. Stanley, Jr., in His Official Capacity as President of Michigan State University, et al. Sixth Circuit 2024-03-12 Denied Amici (3)Response Waived bodily-autonomy civil-liberties civil-rights constitutional-scrutiny due-process heightened-scrutiny jacobson-v-massachusetts medical-treatment public-health vaccine-mandate Whether Jacobson v. Massachusetts , 197 U.S. 11 (1905) , when read in light of this Court's later acknowledgment that the right to refuse treatment is…
23-962 Oxnard Manor, LP, dba Oxnard Manor Healthcare Center, et al. v. Anna Sigala, et al. Ninth Circuit 2024-03-06 Denied Response Waived circuit-split civil-rights complete-preemption covered-countermeasure emergency-preparedness federal-jurisdiction federal-remedies preemption public-health public-health-emergency removal willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-294 San Pablo Healthcare & Wellness Center, LLC v. Lynetta Westbrook Ninth Circuit 2023-09-22 Denied Response Waived circuit-split civil-rights covered-countermeasure emergency-preparedness federal-jurisdiction federal-removal preemption public-health public-health-emergency removal willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
22-7104 Sanfa Swaray Conteh v. Department of Commerce Federal Circuit 2023-03-24 Denied Response WaivedRelisted (2)IFP civil-rights due-process emergency-powers executive-orders public-health takings IS THE SHUTDOWIN! PERIOD THAT HAPPENED FROM DECEMBER 22, 2OI8 TO JANUARY 25, 2O19, A PAID LEAVE OR REGTHLAR WORK PAID FOR FEDERAL EM
22-843 J. P. Bryan, et al. v. Eleazar R. Cano, County Judge Fifth Circuit 2023-03-06 Denied Response Waived civil-rights constitutional-injury due-process government-action judicial-review public-health public-health-emergency rational-basis-test standing takings 1. Is the rational basis test used by the Panel to ratify respondent's COVID-19 orders closing petitioners' hotel and removing its guests overly defer…
22-404 Jane Goe, Sr., on Behalf of Herself and Her Minor Child, et al. v. James V. McDonald, et al. Second Circuit 2022-11-01 Denied Response Waived due-process fundamental-rights jacobson-v-massachusetts medical-exemption public-health strict-scrutiny unconstitutional-conditions vaccine-mandate 1. Whether families have a fundamental right to a medical exemption in cases where their child's state-licensed physician determines that the child is…
22-5701 Terry Wayne Cope v. United States Sixth Circuit 2022-09-27 Denied Response WaivedIFP 18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing A. Does the precedent that "a defendant's incarceration during the COVID-19 Pandemic when the defendant has access to the COVID-19 vaccine does not pr…
21-1469 Samuel Armstrong v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2022-05-23 Denied Response Waived 14th-amendment due-process emergency-powers executive-order fourteenth-amendment jacobson-v-massachusetts judicial-review public-health roman-cath-diocese-v-cuomo Did Governor Newsom's Executive Order N-33-20, mandating that Californians "stay home" to prevent the spread of COVID-19, violate the rights of petiti…
21-7921 Jesus Eduardo Wirichaga-Landavazo v. United States Tenth Circuit 2022-05-19 Denied Response WaivedIFP administrative-law civil-rights due-process property-rights public-health statutory-interpretation ~\V\(L CJXftAb AA (c_. tyO) i.dC-6^\ZJL& AA AoWiAuXoAb (L\e\lcAebComM^) VU\o vAAvAA cA AA- o^moA t>V^L <A\AA\ bV, . \v^o-V\ C^AinAu'ACJtb ^ A4- c^o\b…
21-1441 Emanuel McCray v. Department of Labor, Occupational Safety and Health Administration Sixth Circuit 2022-05-13 Denied Response Waived administrative-law agency-rulemaking constitutional-authority constitutional-interpretation executive-authority federal-constitution legislative-power occupational-safety public-health separation-of-powers 1. What is the appropriate constitutional authority embodied in Articles I and III and the Tenth and Thirteenth Amendments of the U.S. Constitution th…
21-854 Rachel Maniscalco, et al. v. New York City Department of Education, et al. Second Circuit 2021-12-09 Denied Response RequestedResponse WaivedRelisted (2) civil-rights covid-19-mandate due-process employment employment-rights executive-order government-action professional-restriction public-health public-sector substantive-due-process vaccination Respondents through an Executive Order demanded COVID-19 vaccinations for all public school employees, including teachers. Those who did not comply ha…
21-6438 David Lee Smith v. North Carolina North Carolina 2021-11-30 Denied IFP civil-rights constitutional-rights due-process emergency-powers executive-order habitual-offenders incarceration pandemic-response public-health sentencing IS A CLASS OF CONVICTED HABITUAL FELONS, THAT HAVE COMPLETED THEIR LAWFUL MAXIMUM SENTENCES, ENTITLED TO IMMEDIATE UNCONDITIONAL RELEASES IN ORDER TO …
21-6170 Michael D. Webb v. Ralph Northam, Governor of Virginia, et al. Fourth Circuit 2021-11-03 Denied Response WaivedIFP administrative-law chevron-deference executive-order executive-privilege foia foia-request jacobson-v-massachusetts justiciable-issue public-health public-health-emergency separation-of-powers Whether Appellant presented a justiciable issue, where the choice of the Virginia Governor and the State Health Commissioner, failed to represent "a r…
21-455 Mark's Engine Company No. 28 Restaurant, LLC v. Superior Court of California, Los Angeles County, et al. California 2021-09-24 Denied civil-rights constitutional-review due-process emergency-powers first-amendment jacobson-precedent jacobson-v-massachusetts meaningful-review narrow-tailoring public-health public-health-crisis 1. Whether the appellate court's decision improperly expands the holding set forth in Jacobson v. Massachusetts , 197 U.S. 11 (1905), and its progen…
21-300 In Re Joy Garner, et al. 2021-08-30 Denied Amici (2)Response Waived civil-rights constitutional-crisis due-process medical-experiment national-security public-health scientific-control-group standing standing-doctrine vaccine-injury vaccine-mandates 1. On a Rule 12(b) dismissal motion, did the District Court commit clear and indisputable error by abruptly dismissing this national security case on …
21-276 Safehouse v. Department of Justice, et al. Third Circuit 2021-08-25 Denied Amici (4)Response Waived commerce-clause controlled-substances-act federalism felony-statute medical-supervision opioid-crisis overdose-prevention public-health public-health-intervention Does 21 U.S.C. § 856(a) make it a felony to offer medically supervised consumption services for the purpose of preventing opioid overdose deaths?
21-148 California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al. California 2021-08-03 Denied Amici (2) constitutional-law due-process government-action jacobson-v-massachusetts property-rights public-health rational-basis takings takings-clause Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based o…
20-1753 Joseph Dennis Gilberti, Jr. v. Adrurra Group, Inc., et al. Eleventh Circuit 2021-06-16 Denied Response Waived civil-procedure civil-rights due-process environmental-protection government-conspiracy professional-engineering public-health racketeering standing takings water-quality water-resource I. Why did the lower Court with Governor Desantis. EPA, and Florida Department of Environmental protection, along with multiple City/County and State …
20-1311 Sedfrey M. Linsangan v. Territory of Guam, et al. Guam 2021-03-19 Denied administrative-law civil-rights constitutional-rights covid-19-restrictions due-process government-authority public-health quarantine-rights standing takings & WRAY inceming hes ident ard Passengers Inte Gram are Sting gurarantrned at Government facilitres desprte that they ofid not have hack Contact wrth p…
20-1157 Michelle Stopyra Yaney v. Superior Court of California, Riverside County, et al. California 2021-02-23 Denied civil-rights covid-19 disability disability-rights due-process health-status judicial-discretion mortality-risk public-health standing writ-of-certiorari "Did the lower court of appeal have broad discretion to not address the alleged bias and summarily deny the writ of mandate during the current pandemi…
20-6587 In Re Marie Joy Tanamor-Steffan 2020-12-09 Denied IFP administrative-procedure civil-rights covid-19 covid-19-risk due-process habeas-corpus humanitarian-parole immigration immigration-detention medical-vulnerability public-health Question not identified.
20-6538 Gabriel Schmitt v. Charlie Baker, Governor of Massachusetts First Circuit 2020-12-04 Denied IFP civil-rights constitutional-rights due-process first-amendment police-power public-health public-health-emergency service-of-process standing substitute-service 1. May a state governor close the state house of that state's congressional body to the public, in addition to all of his offices, such that there is …
20-6360 Robert Hughes Wilkins v. United States Fourth Circuit 2020-11-17 Denied Response WaivedIFP circuit-court-review civil-rights detainee-rights due-process health-conditions interlocutory-appeal pandemic-considerations pretrial-detention pretrial-release public-health Whether the Circuit Court Erred Failing To Reverse District Court's Denial of Pretrial Release Conditions to Health Compromised Pretrial Detainee on I…
19-1283 James Tolle v. Ralph Northam, Governor of Virginia, et al. Fourth Circuit 2020-05-12 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights due-process emergency-powers executive-order executive-powers liberty-deprivation liberty-rights property-rights public-health quarantine quarantine-restrictions standing 1. Defendant Northam's Executive Order 55 (2020) institutes quarantine restrictions on all Virginians without invoking Va. Code § 32.1-48.08 and with…
19-395 Christina Alessio v. United Airlines, Inc. Sixth Circuit 2019-09-24 Denied Relisted (2) air-quality aircraft-cabin aircraft-safety chemical-exposure chemical-substances civil-rights compliance federal-law federal-law-49-usc-5124 federal-oversight government-oversight oversight product-disclosure public-health transparency transportation-regulations Introduction: With great respect this case is about Life, Liberty and the pursuit for Righteousness at 30,000 feet. Federal Law Fact: Federal Rule of…
18-6932 Asia Johnson v. German Aerospace Center Third Circuit 2018-12-06 Denied IFP civil-procedure civil-rights dismissal due-process environmental-protection free-speech housing-crisis pro-se-petition public-health standing sunlight-access takings Whether the dismissal of the complaint for failure to state a claim was proper
24A447 John Doe v. The Trustees of Indiana University, et al. Seventh Circuit Presumed Complete bodily-autonomy constitutional-rights covid-vaccine public-health religious-freedom university-mandate Whether a public university's COVID-19 vaccine mandate violates a student's constitutional rights to bodily autonomy and religious freedom