Damages

The Freedom Foundation, a watchdog group that informs public-sector employees of their right under Janus v. AFSCME to opt out of union dues, has filed federal lawsuits challenging recently enacted laws in Oregon and New York. Both statutes target groups accused of falsely impersonating labor unions, with penalties of $6,250 per incident in Oregon and $1,000 in New York, the latter enforced by Attorney General Letitia James. The Freedom Foundation argues the laws are vague and chill constitutionally protected speech rather than address proven fraud. Oregon's case is before the 9th Circuit after a lower court dismissal; New York's suit was filed September 28. Either case could eventually reach the Supreme Court, testing the scope of its 2018 Janus ruling.

Chief Judge John McConnell granted summary judgment for Providence City Councilman Miguel Sanchez, ruling that Gov. Dan McKee's top aides, Chief of Staff Antonio Afonso and Deputy Chief of Staff Joseph Almond, violated Sanchez's First Amendment rights by firing him from a constituent-services role in 2023 over social media posts criticizing Israel's actions in Gaza and calling for a ceasefire. McConnell found Sanchez spoke as a private citizen, his firing drew far more public and media attention than the posts themselves, and other staffers who posted dissenting views were not disciplined. McKee's office disagrees with the ruling and is reviewing its options; a trial on damages remains ahead. Sanchez, soon to be City Council president, called it a free speech victory.

A legal and political standoff between St. Paul Mayor Kaohly Her and Police Chief Axel Henry has escalated into a lawsuit, a city-commissioned investigation, and mounting taxpayer costs. Henry sued Her on Sept. 23, alleging sexual harassment and violations of whistleblower and data-practices laws. A 76-page report by outside firm Resolute Law, released in redacted form Oct. 1, found the mayor acted inappropriately in several instances—including sharing sexualized memes and altered photos, and discussing her body with two female employees—but did not substantiate sexual harassment or retaliation claims by either side.

The city has already spent over $43,000 on the investigation and hired an employment law firm at $500 an hour, with costs expected to grow. Legal experts anticipate a settlement that would likely see Henry leave city employment. Removing Henry as chief or recalling Her before 2028 would both require difficult legal thresholds under the city charter, making a negotiated resolution the most probable outcome.

The Supreme Court is set to hear arguments in Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County, a case testing whether local governments can use state tort law to seek damages from energy companies for climate-related harms tied to global carbon emissions. Boulder County filed its suit in Colorado state court in 2018, arguing that fossil fuel producers should pay damages for local impacts of climate change. It is one of dozens of similar suits filed by cities, counties, and states nationwide, including a $51.5 billion claim from Multnomah County, Oregon.

Critics argue these suits are an attempt to achieve carbon-tax-like outcomes through litigation rather than legislation, and that allowing them to proceed would let a single jurisdiction effectively dictate energy policy nationwide, raising energy costs for consumers. Supporters of the litigation maintain they seek only monetary damages, not regulatory changes. The Court's ruling could determine whether similar climate liability suits against the energy industry continue across the country, with major implications for energy markets and producers.

St. Paul, Minn., Police Chief Axel Henry has filed a 73-page lawsuit in Ramsey County District Court against Mayor Kaohly Her and the city, alleging sexual harassment, retaliation and unprofessional conduct. The complaint claims Her repeatedly touched Henry's thigh, made sexual innuendos including calling herself a "MILF," surprised him at a golf simulator during his vacation, and told him at a bar meeting that he needed to be her "friend" or "colleague" or "go" — which he understood as a demand to resign. It also alleges she hung sexualized altered images of Henry and other officers in his office, made orgasm-like sounds at the department gym, and referenced a separate incident where she suggested she'd falsely claim a city official groped her. Henry further claims Her hired a PR firm to discredit him and retaliated in violation of the Minnesota Whistleblower Act. He seeks a jury trial and damages exceeding $50,000 across six counts.

An independent investigation found no legal violations but concluded Her engaged in offensive and inappropriate behavior, including creating and sharing offensive material, prompting two apologies and a coaching recommendation. Only a two-page summary, prepared by an office Her oversees, has been released; the full report remains undisclosed, and Henry says he was never given a complete copy. City council members Molly Coleman and Saura Jost have publicly called for the full report's release, with Coleman calling the allegations "deeply troubling" and Jost citing eroded public confidence. The mayor's office says it will follow the report's recommendations but won't comment further on active litigation. Her, elected last year as St. Paul's first female mayor, previously shifted her security detail to the county sheriff's office, citing threats.

Missouri's congressional map dispute continues even after two Supreme Court setbacks for Republicans. Secretary of State Denny Hoskins conceded during a contempt hearing and reverted to the state's 2022 congressional map after the Missouri Supreme Court unanimously found he improperly blocked a citizen referendum, which had gathered roughly 300,000 signatures, to suspend the GOP's 2025 map. That map would have shifted the delegation from 6-2 to 7-1 Republican.

Five Missouri voters have since sued Hoskins, seeking roughly $80 million in damages on behalf of about 162,000 people whose referendum signatures were verified, alleging he violated statutory duties by improperly rejecting the petition and repeatedly directing election authorities to use the invalid 2025 map.

Republicans, including Rep. Bob Onder, Gov. Mike Kehoe, and Hoskins, are still pursuing the 8th U.S. Circuit Court of Appeals, which has expedited briefing ahead of the Sept. 19 overseas ballot deadline. Legal scholars note the Supreme Court's stay effectively controls the outcome regardless of the appeals court's ruling, with broader implications for the 2026 midterm balance of power.

California lawmakers have passed Senate Bill 1153, which would give water agencies a legal defense against lawsuits blaming them for hydrants running dry during wildfires. The bill clarifies that public water agencies have no duty to design or maintain systems for wildfire suppression, and that loss of water pressure during a wildfire is not a "substantial cause" of fire damages. It also requires water suppliers in high fire-risk zones to include wildfire-specific response procedures in disaster plans. The measure, sponsored by the Assn. of California Water Agencies, awaits Gov. Gavin Newsom's signature.

The bill follows lawsuits against Los Angeles and the LADWP over hydrant failures and an empty Santa Ynez Reservoir during January 2025's Palisades fire, which killed 12 people. Similar hydrant failures occurred in the Eaton fire and past blazes including the Tubbs, Thomas, and Woolsey fires. A separate bill requiring water agencies to disclose backup pump power failed, though a narrower Ventura County law mandating backup power was enacted last year. Supporters say SB 1153 protects ratepayers from costly litigation; critics argue it lets agencies avoid accountability for preparedness gaps.

An op-ed from policy directors at the Texas Conservative Coalition Research Institute and the James Madison Institute argues that decades of civil justice reform in Texas and Florida helped fuel the two states' outsized economic growth, citing recent comments from SEC Commissioner Paul Atkins praising the "Boom Belt" region's investor protections and business-friendly legal climate. Texas's reform efforts trace to the 1969 Tort Claims Act, while Florida's date to a 1986 tort and insurance overhaul, most recently updated in 2023.

The authors warn these gains are under threat from trial-lawyer-aligned political spending, pointing to a $10 million contribution from a major Texas law firm to a new political action committee and extensive donations from the Florida Justice Association across both major parties. They call for continued legislative action, including limits on large jury verdicts and disclosure requirements for third-party litigation financing, to preserve the legal environment they credit for the region's growth.