Donald W. Molloy | |
---|---|
Senior Judge of the United States District Court for the District of Montana | |
Assumed office August 16, 2011 | |
Chief Judge of the United States District Court for the District of Montana | |
In office 2001–2008 | |
Preceded by | Jack D. Shanstrom |
Succeeded by | Richard F. Cebull |
Judge of the United States District Court for the District of Montana | |
In office August 1,1996 –August 16,2011 | |
Appointed by | Bill Clinton |
Preceded by | Paul G. Hatfield |
Succeeded by | Dana L. Christensen |
Personal details | |
Born | Butte,Montana,U.S. | July 18,1946
Education | University of Montana (BA,JD) |
Donald William Molloy [1] (born July 18,1946) is a senior United States district judge of the United States District Court for the District of Montana.
Born into an Irish-American family in Butte,Montana,Molloy received a Bachelor of Arts degree from the University of Montana in 1968. [2] He earned his Juris Doctor from the University of Montana School of Law in 1976,where he was a member of the Law Review. [3] He was in the United States Navy,Naval Aviation from 1968 to 1973,where he became a lieutenant and served on the aircraft carrier USS John F. Kennedy (CVA-67). [2] He was a law clerk to Judge James F. Battin of the United States District Court for the District of Montana from 1976 to 1978. [3] He was in private practice in Billings,Montana from 1978 to 1995,where he was recognized as "one of the ablest lawyers in the state",holding various leadership roles in organizations in the legal community. [3]
The University College Cork conferred an honorary Degree of Doctor of Laws to Molloy in 2013. [4]
When long-serving district judge Paul G. Hatfield announced his intent to take senior status in 1995,numerous Montana attorneys put themselves forward as potential successors on the United States District Court for the District of Montana,including Molloy. [5] Senator Max Baucus recommended Molloy to President Bill Clinton, [6] who nominated Molloy to the seat on December 21,1995. Molloy was confirmed by the United States Senate on July 18,1996,and received his commission on August 1,1996. He served as chief judge from 2001 to 2008,and declared his intent to retire in December 2010, [7] finally assuming senior status on August 16,2011.
United States vs. W.R. Grace [8]
At the time,United States vs. W.R. Grace was the largest and most significant criminal environmental case prosecuted in the United States. [4] [9] The chemical company,W.R. Grace,produced vermiculite at its Libby,Montana mine. For a time,the mine produced 80% of the mineral worldwide. [9] The mineral contained asbestos which was spread throughout the town. [10] Consequently,residents were exposed to the material and suffered serious health effects. Molloy ordered the company to pay over $54.5 million dollars to the federal government for investigation and cleanup of this Superfund site. [11]
Defenders of wildlife vs. Salazar
Among his more noted rulings was a 2011 decision to return wolves in Montana and Idaho to the endangered species list,over the objection of the United States Fish and Wildlife Service. [7] In 2008 the US Fish and Wildlife Service removed a segment of the gray wolf population from the list of threatened and endangered species. [12] Environmental groups challenged the decision. Molloy's ruling was based partly on the decision of the US Congress to retain wolves on the Endangered Species Act. [13] He wrote that the court cannot "exercise its discretion to allow what Congress forbids."
Samantha Alario,et al. and TikTok Inc. vs Austin Knudsen,in his official capacity as Attorney General of the State of Montana [14]
In December 2023 Molloy blocked the state of Montana’s ban on the downloading of TikTok. The ban would have posed fines on TikTok for each time a user downloads the app within Montana. [15] Montana was the first State to enact a full ban and multiple other states supported the ban and would have followed suit if not for the ruling. [16]
Libby is a city in northwestern Montana,United States and the county seat of Lincoln County. The population was 2,775 at the 2020 census.
W. R. Grace and Co. is an American chemical business based in Columbia,Maryland. It produces specialty chemicals and specialty materials in two divisions:Grace Catalysts Technologies,which makes polyethylene and polypropylene catalysts and related products and technologies used in petrochemical,refining,and other chemical manufacturing applications,and Grace Materials and Chemicals,which makes specialty materials,including silica-based and silica-alumina-based materials,which are used in commercial products such as sunscreen and in chemical process applications.
Barry Lynn Winmill is a senior United States district judge of the United States District Court for the District of Idaho.
The Alexander Blewett III School of Law is a law school at the University of Montana in Missoula. It was established in 1911 and remains Montana's only law school.
The northern Rocky Mountain wolf,also known as the northern Rocky Mountain timber wolf,is a subspecies of gray wolf native to the northern Rocky Mountains. It is a light-colored,medium to large-sized subspecies with a narrow,flattened frontal bone. The subspecies was initially listed as Endangered on March 9,1978,but had the classification removed in the year 2000 due to the effects of the Northern Rocky Mountain Wolf Recovery Plan. On August 6,2010,the northern Rocky Mountain wolf was ordered to be returned under Endangered Species Act protections by U.S. District Judge Donald Molloy in a decision overturning a previous ruling by the U.S. Fish and Wildlife Service. They were later removed on August 31,2012 from the list because of Idaho,Montana,and Wyoming meeting the population quotas for the species to be considered stable. This wolf is recognized as a subspecies of Canis lupus in the taxonomic authority Mammal Species of the World (2005).
Dana Lewis Christensen is a United States district judge of the United States District Court for the District of Montana.
American Tradition Partnership,Inc. v. Bullock,2011 MT 328,is a decision by the Montana Supreme Court ruling that the broad free speech protections given to corporations in Citizens United v. FEC do not apply to Montana's campaign finance laws. The United States Supreme Court reversed the Montana Supreme Court's decision in American Tradition Partnership,Inc. v. Bullock,567,U.S. 516 (2012),in a short,per curiam opinion issued without oral argument. The court wrote only that the legal issue had already been precluded by Citizens United,and this case offered no new arguments and failed to distinguish that prior decision.
Jeffrey Neale Jackson is an American politician,attorney,and military officer serving as the U.S. representative for North Carolina's 14th congressional district since 2023. A member of the Democratic Party,he represented the 37th district in the North Carolina Senate from 2014 to 2022.
Within the United States,the use of asbestos is limited by state and federal regulations and legislation. Improper use of asbestos and injury from exposure is addressed through administrative action,litigation,and criminal prosecution. Injury claims arising from asbestos exposure may be tried as mass torts.
The following is a list of notable lawsuits involving former United States president Donald Trump. The list excludes cases that only name Trump as a legal formality in his capacity as president,such as habeas corpus requests.
Brendan Thomas Carr is an American lawyer who has served as a member of the Federal Communications Commission (FCC) since 2017. Appointed to the position by Donald Trump,Carr previously served as the agency's general counsel and as an aide to FCC commissioner Ajit Pai. In private practice,Carr formerly worked as a telecommunications attorney at Wiley Rein.
TikTok,whose mainland Chinese counterpart is Douyin,is a short-form video hosting service owned by Chinese internet company ByteDance. It hosts user-submitted videos,which can range in duration from three seconds to 60 minutes. It can be accessed with a smart phone app.
Carl John Nichols is a United States district judge of the United States District Court for the District of Columbia and a judge of the United States Foreign Intelligence Surveillance Court
Lawrence James Christopher VanDyke is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He is a former solicitor general of Nevada and Montana.
U.S. WeChat Users Alliance (USWUA) v. Trump was a court case pending before the United States District Court for the Northern District of California. The plaintiffs won a preliminary injunction on September 20,2020,blocking the Trump administration's ban order against WeChat based on concerns raised about harm to First Amendment rights and the hardships imposed on a minority community using the app as a primary means of communication. The lawsuit was dismissed in July 2021,following the Biden Administration's rescission of the executive order.
TikTok v. Trump was a lawsuit before the United States District Court for the District of Columbia filed in September 2020 by TikTok as a challenge to President Donald Trump's executive order of August 6,2020. The order prohibited the usage of TikTok in five stages,the first being the prohibition of downloading the application. On September 27,2020,a preliminary injunction was issued by Judge Carl J. Nichols blocking enforcement of that executive order. The lawsuit,by then captioned TikTok v. Biden,was dismissed in July 2021,following the Biden Administration's rescission of the executive order.
Many countries have imposed past or ongoing restrictions on the video sharing social network TikTok. Bans from government devices usually stem from national security concerns over potential access of data by the Chinese government. Other bans have cited children's well-being and offensive content such as pornography.
In 2020,the United States government announced that it was considering banning the Chinese social media platform TikTok upon a request from then-president Donald Trump,who viewed the app as a national security threat. The result was that TikTok owner ByteDance—which initially planned on selling a small portion of TikTok to an American company—agreed to divest TikTok to prevent a ban in the United States and in other countries where restrictions are also being considered due to privacy concerns,which themselves are mostly related to its ownership by a firm based in China.
In April 2024,U.S. president Joe Biden signed into law the Protecting Americans from Foreign Adversary Controlled Applications Act,which is an effective ban or forced sale of TikTok from its parent company ByteDance. The video-sharing platform had sparked concerns over potential user data collection and influence operations by the Chinese government. Prior restrictions on TikTok had been put in place at the federal and state level.
The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is an act of Congress that was signed into law on April 24,2024,as part of Public Law 118-50. It would ban social networking apps within 270 to 360 days if they are determined by the president of the United States and relevant provisions to be a "foreign adversary controlled application". The act explicitly applies to Beijing-based ByteDance Ltd. and its subsidiaries—including TikTok—without the need for additional determination. It ceases to be applicable if an app is sold and no longer considered by the president to be controlled by a foreign adversary of the United States.