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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.

Dec 3 2024
9th Cir. 3:21-cv-01416- Published

Windy Cove, Inc. v. Circle K Stores Inc.

The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.

Dec 2 2024
9th Cir. 1:23-cv-00323-DKG Published

LOURDES MATSUMOTO; NORTHWEST ABORTION ACCESS FUND; INDIGENOUS IDAHO ALLIANCE v. RAUL LABRADOR, in his capacity as the Attorney General for the State of Idaho

The Ninth Circuit affirmed a preliminary injunction against Idaho's 'recruiting' prong of its abortion trafficking statute, ruling it unconstitutionally overbroad under the First Amendment. However, the court reversed the injunction regarding the 'harboring' and 'transporting' provisions, finding those terms cover non-expressive conduct unlikely to violate the Constitution.

Nov 26 2024
2nd Cir. 22-639 Per Curiam

United States v. Davis

The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.

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
9th Cir. 23-114 Published

JOSE ERNESTO ALEMAN-BELLOSO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.

Nov 13 2024
2nd Cir. 22-1801 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for public school employees, ruling the policy neutral and generally applicable. However, the court vacated and remanded the dismissal of as-applied religious exemption claims for two plaintiffs, requiring the district court to evaluate whether their denials improperly judged the nature of their beliefs.