Federal Judge Blocks Releasing Records on FIU Bridge Collapse
Senior U.S. District Judge William Stafford quashed a ruling by a state-court judge that would have required the Florida Department of Transportation to turn over records requested by the Miami Herald.
October 08, 2018 at 11:27 AM
3 minute read
Siding with arguments of transportation-safety officials, a federal judge blocked an attempt by the Miami Herald to get records related to a March bridge collapse at Florida International University that killed six people.
Senior U.S. District Judge William Stafford quashed a ruling by a state-court judge that would have required the Florida Department of Transportation to turn over records requested by the Herald. Stafford, who ruled in favor of the National Transportation Safety Board, also dismissed the case.
The NTSB went to federal court after Leon County Circuit Judge Kevin Carroll ruled in August that state public-records laws required the Florida transportation department to turn over bridge-related records from Feb. 20 to March 17. The pedestrian bridge collapsed March 15.
Federal officials objected to releasing the records during an investigation led by the NTSB. Stafford's ruling focused, in part, on the interplay between state and federal courts and the NTSB's arguments that the legal concept of “sovereign immunity” shielded it from the state lawsuit.
While the public-records case was filed against the Florida Department of Transportation, Stafford agreed with arguments that the NTSB was a “real party in interest” because releasing the records would interfere with the federal agency's duties.
“Indeed, because the state court's order effectively overrules a directive issued by the NTSB, disregards the NTSB's interpretation of its own regulations, interferes with the NTSB's administrative decisions regarding the release of investigative information, places FDOT [the Florida Department of Transportation] — as a designated party to the NTSB's investigation — in the position of having to violate its legal obligation to comply with the NTSB's regulations and directives, and has the potential to cause harm to the NTSB's congressionally mandated investigation, the court agrees that the United States is a real party in interest here,” Stafford wrote in his 47-page decision.
As a party in interest, the NTSB could not be subject to the public-records lawsuit in state court because of sovereign immunity, Stafford wrote.
“Having determined that plaintiffs' suit is one against the United States, whose sovereign immunity has not been waived, the court finds that the state court lacked jurisdiction to order the FDOT to produce documents that the NSTB, exercising its valid federal regulatory authority, directed FDOT not to produce,” Stafford wrote. “Because the state court lacked jurisdiction over the matter, this [federal] court likewise lacks derivative jurisdiction over the matter. The state court's order is due to [be] quashed and the case dismissed for lack of jurisdiction.”
The Herald filed the lawsuit in May after requesting a wide range of documents related to the bridge and the deadly collapse. The NTSB said the Florida transportation department could release records that existed through Feb. 19 but that it could not release later records because of the ongoing investigation.
“Normal NTSB procedure is to restrict release of investigative information until late in the investigation to ensure the integrity of the evidence received and to keep the parties focused on assisting the investigation,” Stafford wrote Friday.
Jim Saunders reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMediating Community Association Disputes: Tips for Attorneys, and Their Clients
6 minute readCole, Scott & Kissane Keeps Transitioning More Resources Into Construction As Tort Reform Changes Loom
4 minute readCheap Lumber, Stronger Hurricanes—Perfect Storm for the Strained Florida Insurance Market
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250