Aisha Johnson

Correspondent

Aisha Johnson

Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.

Civil Rights & Constitutional

Decisions covered by Aisha Johnson

1,073 decisions
Nov 13 2024
2nd Cir. 23-700 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed in part and vacated in part, holding that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi but possessed personal jurisdiction over Clearstream. The court further ruled that while Section 8772 is constitutional, the district court erred in granting summary judgment without first determining asset ownership under state law.

Bankruptcy Civil Summary Judgment
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Nov 13 2024
2nd Cir. 23-614 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed the district court's exercise of personal jurisdiction over Clearstream and the constitutionality of 22 U.S.C. § 8772, but vacated the summary judgment against Bank Markazi. The court held that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi and erred by failing to apply state law to determine ownership interests in the assets.

Bankruptcy Civil Summary Judgment
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Nov 6 2024
2nd Cir. 22-2650 Panel Decision

Flynn v. McGraw Hill LLC

The Second Circuit vacated the dismissal of a breach-of-contract claim against McGraw Hill, ruling that the publisher's 'own expense' clause was ambiguous regarding digital distribution costs. While affirming the dismissal of claims related to 'net receipts' definitions, the court remanded the case to allow authors to proceed with allegations that the publisher shifted publishing expenses to them.

Civil Insurance
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Nov 4 2024
2nd Cir. 22-2327 Panel Decision

CARRÉ SUTTON v. TRUDI TAPSCOTT GÉRALD MARIE

The Second Circuit reversed the dismissal of a Child Victims Act claim, clarifying that New York law revives claims for out-of-state abuse if the victim was a New York resident when the cause of action accrued. The court also vacated a dismissal for lack of personal jurisdiction, ruling that the district court erred by raising the defense sua sponte without providing the plaintiff notice or an opportunity to plead facts.

Civil Civil Rights - ADA / Other
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Nov 1 2024
2nd Cir. 23-1080 Panel Decision

Schiebel v. Schoharie Central School District

The Second Circuit reversed the dismissal of a Title IX claim, holding that a school district's investigation into a male educator could plausibly constitute sex discrimination. The court found the complaint sufficiently detailed to support allegations of a sham investigation and sex-based bias by the Title IX coordinator.

Civil Civil Rights - Employment
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Oct 17 2024
9th Cir. 21-304 2-1

Claudia Elena Montejo-Gonzalez; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo v. Merrick B. Garland, Attorney General

The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.

Civil Immigration (Civil)
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Oct 16 2024
9th Cir. 24-4455 Unanimous

In re: THOMAS EUGENE CREECH

The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.

Civil Civil Rights - Section 1983
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Oct 15 2024
2nd Cir. 23-1124 Panel Decision

JOHN DOE, A FICTITIOUS NAME v. JAMES V. MCDONALD, M.D.

The Second Circuit held that a disability discrimination lawsuit brought by a former resident of a transitional adult home was moot because the state amended regulations and allowed his return. The court clarified that while the plaintiff had standing when the suit was filed, subsequent events eliminated his concrete stake in the outcome.

Civil Civil Rights - Voting Mootness Standing
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Oct 15 2024
5th Cir. 24-50783 Panel Decision

La Union del Pueblo Entero v. Abbott

The Fifth Circuit granted the State of Texas's request to stay a district court injunction that had declared parts of Texas S.B. 1 unconstitutional. Relying on the Supreme Court's Purcell principle, the court held that altering election laws three weeks before an election creates unacceptable confusion and administrative burden.

Civil Civil Rights - Voting
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Oct 9 2024
United States Court… 23-7105 Panel Decision

Tony D. Parks v. Giant Food Store, Company

The D.C. Circuit affirmed the dismissal of Tony Parks' Title VII retaliation claims, ruling that his pleadings failed to allege facts constituting a materially adverse action or a causal link to protected activity. The court further held that Parks forfeited challenges to his failure-to-promote and other discrimination claims by failing to raise them in his appellate brief.

Civil Civil Rights - Employment Summary Judgment
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