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Oct 23 2025
1st Cir. 23-1969 Panel Decision

United States Department of Natural Resources of the Commonwealth of Puerto Rico v. Ernst Jacob GmbH & Co. KG; Shipowners Insurance & Guaranty Company, Ltd.: United States Department of Natural Resources of the Commonwealth of Puerto Rico v. Ernst Jacob GmbH & Co. KG; Shipowners Insurance & Guaranty Company, Ltd.

The First Circuit held that it possesses appellate jurisdiction over an interlocutory appeal in an Oil Pollution Act case because the litigation includes third-party admiralty claims. On the merits, the court reversed the District Court's grant of summary judgment, ruling that liability for natural resource damages must be determined by a preponderance of the evidence rather than under the deferential arbitrary-and-capricious standard.

Civil Civil Rights - Voting Summary Judgment
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Feb 26 2025
2nd Cir. 23-903 Panel Decision

Uviles v. City of New York

The Second Circuit affirmed that the City of New York lawfully detained a parolee pursuant to a warrant that remained facially valid despite the expiration of the statutory deadline for a preliminary hearing. The court held that New York law requires municipal authorities to honor outstanding parole warrants until the state board of parole lifts them, regardless of procedural delays in the state's internal hearing process.

Civil Rights - Section 1983 Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - General (28 USC 2241)
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Feb 3 2025
2nd Cir. 22-3076 Panel Decision

In re Shanda Games Ltd. Sec. Litig.

The Second Circuit vacated the dismissal of a securities fraud class action, holding that minority shareholders adequately alleged loss causation and that the scienter of conflicted directors is imputable to the company. The court ruled that the fraud-on-the-market presumption applies to shareholders who forfeited appraisal rights in a freeze-out merger, allowing the case to proceed to trial.

Criminal Embezzlement & Forgery
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Jan 23 2025
2nd Cir. 22-1854 Panel Decision

UNITED STATES OF AMERICA EX REL. RALPH BILLINGTON, MICHAEL ACEVES, AND SHARON DORMAN v. HCL TECHNOLOGIES LTD. AND HCL AMERICA, INC

The Second Circuit affirmed the dismissal of a qui tam action alleging that HCL Technologies violated the False Claims Act by using cheaper visas and underpaying foreign workers. The court held that the relators failed to plausibly allege a reverse FCA violation because no established legal obligation existed to pay higher taxes or visa fees that the defendant never actually incurred.

Civil Labor
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Jan 7 2025
2nd Cir. 23-394 Panel Decision

Moreira et al. v. Société Générale et al.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that runs from the defendant's last culpable act. Because the plaintiffs' allegations of trafficking predated their complaints by more than two years and the presidential suspensions of the right to sue did not toll the repose period, the claims were time-barred.

Civil Securities Standing
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Jan 7 2025
2nd Cir. 23-670 Panel Decision

Moreira v. Société Générale, S.A.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing are permanently barred, and remaining timely allegations failed to plausibly allege trafficking.

Civil Securities Standing
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Jan 7 2025
2nd Cir. 23-568 Panel Decision

Moreira v. Société Générale, S.A.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing were barred, and remaining allegations failed to plausibly allege trafficking.

Civil Securities Standing
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Dec 30 2024
2nd Cir. 22-585 Panel Decision

Edwards v. Arocho

The Second Circuit vacated the dismissal of a pretrial detainee's Fourteenth Amendment claims regarding unsanitary conditions and segregation without a hearing. The court also reversed summary judgment on a failure-to-protect claim, finding a factual dispute over whether the plaintiff exhausted administrative remedies under the PLRA.

Civil Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Eighth Amendment - Cruel & Unusual
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Dec 27 2024
2nd Cir. 22-2708 Panel Decision

United States ex rel. Camburn v. Novartis Pharmaceuticals Corp.

The Second Circuit established that a False Claims Act claim based on an Anti-Kickback Statute violation requires alleging that at least one purpose of the remuneration was to induce fraudulent conduct. The court partially affirmed the dismissal of the complaint, allowing specific allegations regarding sham speaker events and excessive compensation to proceed while rejecting other claims for insufficient particularity.

Civil ERISA / Employee Benefits
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