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Delaware Department of Justice
Attorney General
Kathy Jennings


Impact Litigation


Created in 2019, the Office of Impact Litigation oversees litigation that involves significant consequences for public policy, notably including a wide variety of multistate lawsuits defending the rule of law at the federal level. The Office of Impact Litigation also has an expansive corporate accountability portfolio defending Delawareans from illegal and fraudulent business activity, with defendants ranging from Big Pharma to industrial polluters to negligent gun dealers.

 

The Office of Impact Litigation has saved $584.6 million for Delaware since January 1, 2025.

 

Case Caption District Subject District Court Proceedings Relief Awarded Appellate Posture Downloads
Massachusetts v. USDA

No. 1:25-cv-13165

D. Mass SNAP Funding Lapse 10/28/2025: Complaint and TRO filed
New York v. U.S. DOJ
No. 1:25-00499
D. Rhode Island Prohibition on Victims of Crime Act (VOCA) funded victim services paying for legal assistance for immigrant victims of crime. 10/01/2025: Case filed

10/05/2025: DOJ filed motion to stay in light of the government shutdown, to which the State plaintiffs did not consent.

Complaint
Illinois v. Noem
No. 1:25-00495
D. Rhode Island FEMA Grant Reductions and Shorter Performance Periods 09/30/2025: Case Filed 10/01/2025: Temporary Restraining Order: Cuts to FEMA programs halted pending resolution of the State’s forthcoming motion for preliminary injunction. Complaint
Washington v. HHS
No. 6:25-01748
D. Oregon Sexual health education grant terminations based on mentions of geneder identity 9/26/2025: Complaint and Motion for Preliminary Injunction filed.

9/30/2025: Briefing schedule set; Response to Preliminary Injunction due 10/8, reply due 10/15, oral argument set for 10/16/2025.

10/27/2025: Preliminary injunction granted Complaint
New Jersey v. U.S. Dep’t of Justice, No. 25-cv-00404
(Co-lead state)
D. Rhode Island Cuts to Victims of Crime Act (VOCA) victim assistance funding 8/18/2025: Complaint filed
Resolution: Following the coalition’s lawsuit forward, U.S. DOJ has abandoned its plans to impose these conditions on $178 million in VOCA Victim Assistance grants and $1.2 billion in VOCA Victim Compensation grants. These grants will continue to be provided to states with no requirement that States assist DHS in immigration enforcement.
Complaint
New York v. U.S. DOJ, No. 1:25-cv-00345
D. Rhode Island Cuts to education and health programs including Head Start 8/15/2025: Amended Complaint filed

8/20/2025: District Ct. hearing

9/10/2025: Preliminary injunction entered. Complaint
New York v. U.S. Dep’t of Energy, No.6:25-cv-01458-MTK D. OR Department of Energy Indirect Costs 8/15/2025: Complaint filed Complaint
New Jersey v. Bondi, No. 1:25-cv-01807-PX
(Co-lead state)
D. Md. Federal attempt to distribute Forced Reset Triggers 6/9/2025: Complaint Filed

6/10/2025: Motion for PI filed

7/7/2025: California joins the lawsuit and parties file an amended complaint

7/11/2025: Plaintiffs withdraw Motion for a Preliminary Injunction after Defendants agree not to sell Forced Reset Triggers (FRTs) in Plaintiff states. However, they will still be available in other states.

By Agreement, Federal Defendants and Defendant RBT agreed not to return FRTs to Plaintiff States directly or indirect. Complaint
California v. Kennedy, HHS, No. 25-12019 D. MA Center for Medicaid Studies/Affordable Care Act Rules 7/17/2025: Complaint filed with Motion for PI

08/07/2025: Defendant Opposition to Motion for Preliminary Injunction Due

08/13/2025: Hearing on Preliminary Injunction (Order and Details Pending)

Complaint
Washington v. FEMA, No. 12006 D. MA. FEMA Building Resilient Infrastructure and Communities (BRIC) Program cancellation 07/16/2025: Complaint filed

07/31/2025: Hearing on Motion for Preliminary Injunction

08/05/2025: Preliminary Injunction Granted: The Government is preliminarily enjoined from spending the funds allocated to BRIC for non-BRIC purposes until the court is able to render a final judgment on the merits. Complaint
California v. McMahon, No. 25-00329 D. Rhode Island OMB Freeze of Department of Education Funds 07/14/2025: Complaint and PI filed

07/25/2025: Hearing is set for August 13

07/18/2025: Concession by Defendants: the Trump Administration announced it would release approximately $1.4 billion in funding for after school programs Complaint
Massachusetts v. Trump, No. 25-12162 D. MA Gender Affirming Care for minors 8/1/2025: Complaint filed Complaint
California v. HHS, No. 3:25-cv-05536 N.D. Cal. Medicaid Data Sharing for immigration enforcement 7/1/2025: Complaint filed

07/15/2025: Updated Schedule on Motion for Preliminary Injunction issued

07/25/2025: Defendant Opposition Due

07/30/2025: Plaintiff Reply

08/15/2025: Case Management Conference scheduled

08/12/2025: PI was granted in part Complaint
California v. Department of Health and Human Services

No. 1:25-cv-12118

D. MA Defunding Planned Parenthood 7/29/2025: Complaint filed Complaint
California v. Department of Agriculture

No. 3:25-cv-06310

N.D. Cal SNAP Data Requests 7/28/2025: Complaint filed

10/31/2025: Case Management Conference

Complaint
Washington v. Department of Education, 2:25-cv-01228 W.D. Wash. Mental Health Grants 6/30/2025: Complaint filed

7/2/2025: Motion for Preliminary Injunction Filed Hearing scheduled for 9/5

07/17/2025: Briefing Schedule Filed in the District Court

08/06/2025: Defendant Opposition to Motion for Preliminary Injunction Due

08/15/2025: Plaintiff Reply Due

09/05/2025: Preliminary Injunction Hearing

10/27/2025: Preliminary Injunction granted Complaint
New Jersey v. OMB

No. 1:25-cv-11816

D. Mass PGAP/Agency-Priorities Clause 6/24/2025: Complaint filed

07/28/2025: District Court files Scheduling Order:

08/04/2025: Plaintiff Motion for Summary Judgment Due

Complaint
New York v. National Science Foundation, No. 1:25-cv-04452 S.D.N.Y. Cuts to National Science Foundation Grants Complaint and Motion for Preliminary Injunction filed 5/28/2025

The motion seeks, for Delaware, preservation in $687,091.48 in grants to the University of Delaware and the revocation of the 15% cap on the costs of indirect research, which would have cost the University of Delaware $9 million

After NSF agreed not to impose the 15% cap on the indirect costs of research The court denied the motion during the pendency of the litigation, the court denied that aspect of the motion for preliminary injunction.

“Second Preliminary Injunction granted 06/03/2025

The Court decided that the claims regarding the challenged grants (as compared to the issues regarding the indirect cost rate cap) had to be brought in the Court of Federal Claims.

08/01/2025: Preliminary Injunction Denied.

Relief in the next column relates to the vacatur of the cap on indirect costs of research. It will remain in place becuase it was granted in a different case. “

Complaint
New York v. McMahon, No. 1:25-cv-10601

No. 25-1495 (1st Circuit)

D. Mass. Dismantling the Department of Education 07/14/2025: Supreme Court rules in a 6-3 decision that the President’s plan to dismantle the Department beginning with mass layoffs may move forward.

08/08/2025: Plaintiff states file Motion to Vacate the Preliminary Injunction and schedule a status conference to discuss final judgment on the merits.

08/22/2025: Defendant Answer Due after extension granted on 08/01/2025

05/22/2025: Preliminary Injunction entered

07/14/2025: United States Supreme Court stayed the preliminary injunction

6/4/2025: defendants filed a Notice of Appeal to the First Circuit.

7/14/2025: The Supreme Court of the United States Stayed the District Court’s injunction, permitting terminations to proceed pending appeals

Complaint
Colorado v. HHS, No. 1:25-cv-000121

No. 25-1671 (First Cir.)

D. Rhode Island Public health grant cuts TRO issued on 4/3/2025 (i.e. almost immediately after the case was filed on 4/1/2025)

Preliminary Injunction entered 5/16/2025, but it seemed to give the government leave to cancel the grants again with 14 days notice. The Government immediately issued that notice and tried to cut the grants again.

On 5/16/2025, the Judge said he would enter a new TRO against that, with brefing for a further PI to be completed by 6/3/2025

On 7/15/2025, the Def. appealed to the First Circuit.

07/30/2025: First Circuit grants Defendants Voluntary Motion to Dismiss Appeal of Preliminary Injunction.

08/12/2025: In the District Court, an extension is granted to Defendants to Answer the Amended Complaint, order pending.

Complaint
New York, et al. v. Robert F. Kennedy, Jr., 25-cv-00196 D. Rhode Island Layoffs at HHS 7/1/2025: Complaint and Motion for Preliminary Injunction Filed

07/18/2025: Defendant Motion to Vacate the Preliminary Injunction in light of the CASA decision rejected.

07/25/2025: Plaintiff Response to Motion to Clarify Preliminary Injunction Filed

08/13/2025: The District Court issued an Order Clarifying the Preliminary Injunction, narrowing its scope to only six of the agency’s centers from the order. The original lawsuit cited over 10,000 possible firings and after this, thousands of people will still likely lose their jobs despite the lawsuit.

Complaint
California v. United States Department of Transportation, No. 25-cv-00208 D. Rhode Island Immigration-related conditions on Department of Transportation grants Complaint filed 5/13/2025

06/19/2025: Preliminary Injunction granted and Stay pending appeal denied.

07/17/2025: Plaintiff’s Motion to Modify Preliminary Injunction to include the District of Columbia and Kentucky granted.

08/19/2025: Parties to file cross-motions to dismiss and for summary judgment

09/24/2025: Parties to file Responses to above

6/19/2025: Preliminary injunction granted Complaint
Illinois v. Federal Emergency Management Agency, No 1:25-cv-00206 D. Rhode Island Immigration-related conditions on FEMA grants 5/13/2025: Complaint filed

6/2/2025: Motion for PI filed on

6/6/2025: Response in opposition of PI filed

7/2/2025: Amended Complaint and Motion for Summary Judgement filed

7/23/2025: Def. Motion for Summary Judgement and Opposition to Plaintiff’s Motion for Summary Judgement filed

09/29/2025: District Court grants the state plaintiffs summary judgment on all claims

10/14/2025: District Court grants a motion to enforce the order for summary judgment

09/29/2025: District Court grants the state plaintiffs summary judgment on all claims , declaring the challenged terms and conditions unconstitutional and violative of the APA.
10/14/2025: District Court grants a motion to enforce the order for summary judgment
Complaint
California v. Trump, No. 1:25-cv-10810

First Cir. No. 25-1726

D. Mass Voting restrictions 4/3/2025: Complaint filed on 4/3/2025.

The government has filed a motion to stay or transfer the case to D. D.C. We filed an opposition on 5/7/2025. The Court denied the motion to stay on 5/9/2025.

Preliminary Injunction granted 6/13/2025.

07/18/2025: Preliminary Injunction modified because of CASA decision, limiting certain relief to the Plaintiff States only.

07/31/2025: Defendants have appealed to the first circuit.

Preliminary Injunction granted 6/13/2025.

07/18/2025: Preliminary Injunction modified because of CASA decision, limiting certain relief to the Plaintiff States only.

Complaint
Washington v. Department of Transportation, No. 2:25-cv-00848 W.D. Wash. Electric Vehicle Charging funds Case Filed on 5/7/2025

Oral Argument on our motion for Preliminary Injunction is set for 6/17/2025

07/23/2025: Court grants Motion to Intervene for environmental public interest organizations, including Sierra Club, National Resources Defense Council (NRDC), and others.

08/01/2025: Plaintiff Reply Due

08/11/2025: Defendant Reply Due

06/24/2025 – Preliminary Injunction Issued Complaint
Oregon v. Trump, No. 1:25-cv-00077

No. 25-1813 (Fed. Circuit of Appeals)

Ct. of Intl. Trade. Trump Tariffs Case Filed 4/23/2025

Permanent Injunction entered 5/28/2025

The Government filed an appeal with the Federal Circuit and motion for a stay pending appeal in the Court of International Trade on 5/28/2025

On 5/29/2025, The Federal Circuit entered an administrative stay of the injunction pending briefing on the motion to stay

07/31/2025: Oral Argument heard in the Federal Circuit

 

05/28/2025: Court of International Trade entered a permanent injunction

08/29/2025: Federal Circuit Affirms the judgment of the lower court.

Complaint
Maryland v. Corporation for National and Community Service, No. 25-cv-01363-DLB
(Co-lead state)
D. Maryland Dismantling of AmeriCorps 04/29/2025: Original complaint filed

05/06/2025: Motion for Preliminary Injunction filed

06/05/2025: Preliminary Injunction granted

07/24/2025: Amended Complaint Filed, adding the Office of Management and Budget as a defendant

08/04/2025: Filed second motion for Preliminary Injunction

08/28/2025: OMB agrees to release FY2025 appropriated funds that it had held back from AmeriCorps, which had been subject to challenge by the 08/04/2025 PI motion

06/05/2025: Preliminary injunction required the restoration of FY2024 and 2025 AmeriCorps programs and funding cancelled by the Administration

08/28/2025: OMB agrees to release FY2025 appropriated funds that it had held back from AmeriCorps, which had been subject to challenge by the 08/04/2025 PI motion

 

Complaint
New York v. U.S. Department of Education, 1:25-cv-02990 (ER)(BCM) SDNY Termination of  Education Stabilization Funds 04/10/2025: Complaint filed

05/06/2025: Preliminary Injunction granted

06/03/2025: Second Preliminary Injunction granted

06/04/2025: Def. filed notice of interlocutory appeal to the Second Circuit.

06/10/2025: Def. notice of interlocutory appeal to the Second Circuit was DENIED

07/03/2025: Defendants file status report, asserting compliance with P.I.

05/06/2025: Preliminary Injunction granted

06/03/2025: Second Preliminary Injunction granted

Complaint
Rhode Island v. Trump, No. 1:25-cv-00128

No. 25-1477 (1st Cir.)

D. Rhode Island Attempted dismantling of 3 federal agencies, including those supporting libraries and museum and minority-owned businesses 04/04/2025: Complaint and Motion for TRO filed

Parties stipulated to convert the motion for TRO to a motion for a Preliminary Injunction

05/16/2025: Government appealed to the First Circuit

06/12/2025: Amended Complaint filed complaint

07/10/2025: Status conference held

07/15/2025: Joint Stipulation filed on behalf of the Plaintiff states on 07/15/2025 and entered on 07/16/2025.

08/11/2025: Status Report filed by Defendants, asserting compliance with the Preliminary Injunction

5/13/2025: Preliminary Injunction granted 05/16/2025: Appealed to 1st Cir.

9/11/2025: 1st Cir. denies Government’s motion for a stay of the preliminary injunction pending appeal.”

Complaint
Massachusetts v. Kennedy, No. 1:25-cv-10814 D. Mass Deliberate delays in NIH grant application reviews and termination of issued NIH grants 4/4/2025: Complaint and Motion for TRO filed

4/14/2025: Amended Complaint filed

5/5/2025 Plaintiffs filed Reply to Response to Motion for P.I.

06/24/2025: Motion for Stay Pending Appeal denied

07/02/2025: Updated ruling in favor of Plaintiffs, reinstating grants as to the Plaintiff states (per CASA precedent) and Defendants file Appeal

07/18/2025: Defendant Motion for a Stay Pending Appeal rejected and District Court ruling reaffirmed

08/15/2025: Court order on Discover due

09/02/2025: Final Pretrial Conference and oral arguments on Motion to Dismiss

09/15/2025: Bench trial completion deadline

6/16/2025: Preliminary Injunction Granted

08/21/2025: Preliminary injunction stayed by SCOTUS.

Complaint
New York, et al. v. Donald Trump, 1:25-cv-11221 D. Mass. Cancellation of Wind Energy Projects 05/05/2025: Case Filed 05/05/2025: Complaint and Motion for Preliminary Injunction Filed

06/18/2025: Hearing set for 11:30am

08/08/2025: Parties to file cross-motions for summary judgment

08/22/2025: Parties to respond to cross-motions

09/04/2025: Hearing

07/03/2025: Preliminary Injunction Granted Complaint
New York v. Trump, No. 1:25-cv-01144 SDNY DOGE’s access to sensitive data at the Department of the Treasury 02/07/2025: Original complaint filed

02/08/2025: Won a TRO

02/21/2025: Won a preliminary injunction

03/10/2025: The government moved to partially dissolve the TRO

03/12/2025: The states moved for reconsideration of the scope of the preliminary injunction

04/11/2025: The Court granted the government’s motion to partially dissolve the preliminary injunction as to one DOGE employee, and denied the States’ motion for reconsideration

05/01/2025: The government moved to fully dissolve the preliminary injunction

05/27/2025: The Court denied the government’s motion to dissolve the PI

07/28/2025: Defendants file Notice of Appeal to the Second Circuit on the Preliminary Injunction.

02/08/2025: Won a TRO

02/21/2025: Won a preliminary injunction

Complaint
New York v. Trump, No. 1:25-cv-00039

No. 25-1236 (1st Circuit)

D. Rhode Island OMB Memo/Federal Funding Pause 1/25/2025: Complaint and Motion for Temporary Restraining Order Filed.

02/12/2025: Order reaffirming Temporary Restraining

03/27/2025: Defendants’ Motion to Stay Preliminary Injunction Pending Appeal denied

04/04/2025: Plaintiffs’ Motion for Enforcement of Preliminary Injunction granted

04/07/2025: Motion for Enforcement of Preliminary Injunction is Stayed in light of Supreme Court decision in California v. Department of Education, the “”SEED grants”” case

04/28/2025: Appeal to the First Circuit Court is filed.”td>

Won TRO on 1/31/2025

Won a Motion to Enforce TRO on 2/10/2025

Won a preliminary injunction on 3/6/2025

Complaint
New York v. U.S. Department of Education, 1:25-cv-11116 D. Mass Title VI Certifications 4/25/2025: Complaint Filed

09/24/2025: Scheduling Conference

The Department of Education agreed not to enforce the challenge Title VI certification requirement during the pendency of the lawsuit Complaint
Maryland v. U.S. Department of Agriculture, No. 1:25-cv-00748

No. 25-1248 (4th Circuit)

D. Maryland Federal Probationary Employee Mass Firings 03/06/2025: Complaint and Motion for Temporary Restraining Order filed

04/03/2025: Reduction-in-Force cases consolidated by Fourth Circuit

04/04/2025: Defendants’ motion for Stay Pending Appeal denied by District Court

04/09/2025: Defendants’ motion for Stay Pending Appeal granted by Fourth Circuit

03/13/2025: Plaintiffs won TRO

04/01/2025: Won preliminary injunction

04/09/2025: 4th Circuit stayed the preliminary injunction
09/09/2025: 4th Circuit reversed the grant of preliminary injunction

 

4/2/2025: The federal government appealed to the 4th Circuit

4/4/2025: The district court denied a motion to stay pending appeal

4/9/2025: 4th Circuit granted Defendants’ Motion for a Stay Pending Appeal

09/08/2025: 4th Circuit reversed the grant of preliminary injunction

Complaint
Massachusetts v. NIH, No. 1:25-cv-10338

No. 25-1343 (1st Circuit)

D. Mass Medical research funding (NIH indirect costs) 02/10/2025: Complaint and Motion for Temporary Restraining Order Filed; Motion for TRO was later converted to a Motion for a Preliminary Injunction

04/08/2025: Defendants file Appeal of Permanent Injunction to First Circuit.

Won a nationwide preliminary injunction on 3/5/2025, protecting $12 million in funding for the University of Delaware, and $1.4 million for Delaware State University

By consent, the preliminary injunction was converted to a permanent injunction on 4/4/2025.

The government appealed to the 1st Cir. on 4/8/2025 Complaint
New Jersey v. Trump, No. 1:25-cv-10139

No. 25-1170 (1st Circuit)

D. Mass/1st Circuit Court of Appeals Birthright Citizenship Won preliminary injunction; currently on appeal in the 1st Circuit. Circuit court denied the feds’ motion for a stay.

On March 13, the government appealed to the U.S. Supreme Court.

Oral argument held before SCOTUS May 15 on propriety of national injunction

06/27/2025: The Supreme Court finds that nationwide injunctions are not permitted as a blanket practice because they have no historical analog. However the Court declines to rule on whether the particular concerns the states raised require a tailored remedy that extends beyond the plaintiff states. And thus, the Court leaves the door open to the possibility that this particular situation of the harms that befall a state and its residents when citizenship is a patchwork system may require more sweeping relief (up to and including an injunction that applies in all states).

07/25/2025: The District Court once again blocks the Birthright Citizenship EO in Ruling on Scope of the Preliminary Injunction, clarifies and reiterates that his relief is universal despite CASA decision.

02/13/2025: Won preliminary injunction

07/25/2025: The District Court once again blocks the Birthright Citizenship EO in Ruling on Scope of the Preliminary Injunction, clarifies and reiterates that his relief is universal despite CASA decision.

Complaint

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