Every decision we've summarized from United States Court of Appeals for the Second Circuit.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's appellate bar precludes immediate review of immunity denials under the collateral-order doctrine. Sudan must now await a final judgment on the merits before challenging the district court's denial of sovereign immunity.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Because the district court did not certify the order for immediate appeal under 28 U.S.C. § 1292(b), the appellate court lacks jurisdiction to review the immunity denial until the underlying litigation concludes.
The Second Circuit held that the Foreign Sovereign Immunities Act's appellate bar eliminates all interlocutory appeals under the collateral-order doctrine for cases involving state-sponsored terrorism. Consequently, the Republic of Sudan cannot immediately appeal the denial of its immunity claims and must await final judgment.
The Second Circuit held that the Foreign Sovereign Immunities Act's appellate bar eliminates all interlocutory appeals under the collateral-order doctrine for actions brought under the state-sponsored terrorism exception. Consequently, the Republic of Sudan's immediate appeal challenging immunity denials was dismissed because the district court failed to certify the order for immediate review.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's appellate bar precludes immediate review of immunity denials under the collateral-order doctrine. Sudan must await a final judgment before challenging the district court's ruling that it lacks sovereign immunity.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals from immunity denials without district court certification. Consequently, the denial of sovereign immunity remains in effect while the underlying litigation proceeds in the district court.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars foreign states from using the collateral-order doctrine to bypass final judgment requirements. Consequently, Sudan must wait for a final district court judgment before challenging immunity rulings under non-§ 1605A exceptions.
The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.
The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.
The Second Circuit affirmed the dismissal of an association's discrimination suit against Pfizer for lack of Article III standing. The court held that an organization asserting injuries to its members must identify at least one injured member by name when seeking a preliminary injunction under the summary judgment standard.