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The Ninth Circuit vacated a defendant's sentence because the district court incorrectly applied a career offender enhancement based on a prior California assault conviction. The panel held that the assault statute criminalizes reckless conduct, which fails to meet the Supreme Court's mens rea requirements for a federal crime of violence.
The Second Circuit affirmed summary judgment for four major book publishers, ruling that Internet Archive's practice of scanning and lending entire copyrighted books violates the Copyright Act. The court held that this digital lending program fails the fair use test because it is not transformative and usurps the publishers' market for licensed eBooks.
The Second Circuit held that proceeding to trial without a competency inquiry was objectively unreasonable given the petitioner's cyclical history of incompetence. The court reversed the district court's denial of habeas relief and remanded with instructions to issue a conditional writ.
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 under the collateral-order doctrine. Sudan must wait for a final judgment in the underlying litigation before it can challenge 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 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.
