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Dec 10 2024
2nd Cir. 23-1108 Panel Decision

Singh v. Deloitte LLP

The Second Circuit affirmed the dismissal of an ERISA class action alleging excessive recordkeeping fees, holding that plaintiffs failed to plausibly allege a breach of the duty of prudence. The court ruled that comparing fee amounts without specific factual context regarding the quality and scope of services provided is insufficient to state a claim.

Dec 9 2024
2nd Cir. 22-3106 Panel Decision

Cerame v. Slack

The Second Circuit vacated a dismissal, holding that Connecticut lawyers have Article III standing to challenge a new bar rule restricting speech. The court found the plaintiffs plausibly alleged a credible threat of enforcement that chills their First Amendment rights.

Nov 25 2024
2nd Cir. 22-978 Panel Decision

Thompson v. Booth

The Second Circuit vacated a default judgment against a corrections officer, ruling that the district court abused its discretion by awarding damages while dismissing identical claims against co-defendants for failure to exhaust administrative remedies. Applying the prohibition on inconsistent judgments, the court held that a plaintiff cannot prevail against a defaulting defendant when the same legal bar precludes the claims against litigating co-defendants.

Nov 13 2024
2nd Cir. 21-569 Panel Decision

The Art & Antique Dealers League of America, Inc. v. Seggos: The Art & Antique Dealers League of America, Inc. v. Seggos

The Second Circuit held that New York's ban on physically displaying ivory for sale constitutes a content-based restriction on commercial speech subject to strict scrutiny. The court found the state failed to prove the ban was narrowly tailored, as less restrictive alternatives were available to prevent illegal sales.

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.

Sep 11 2024
2nd Cir. 23-992 Panel Decision

Malek v. Feigenbaum

The Second Circuit dismissed an appeal for lack of jurisdiction because the appellant failed to file a motion for reconsideration within the strict deadlines set by federal rules. The court clarified that merely serving a motion on opposing parties does not toll the appeal clock, and that the relevant rule is a mandatory claim-processing rule immune from equitable tolling.