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Nov 13 2024
2nd Cir. 22-1876 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 school employees, applying rational basis review. However, the court vacated and remanded the dismissal of as-applied claims for two plaintiffs, finding the district court erred by not applying strict scrutiny to the denial of their religious exemptions.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 23-700 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed in part and vacated in part, holding that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi but possessed personal jurisdiction over Clearstream. The court further ruled that while Section 8772 is constitutional, the district court erred in granting summary judgment without first determining asset ownership under state law.

Bankruptcy Civil Summary Judgment
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Nov 13 2024
2nd Cir. 23-614 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed the district court's exercise of personal jurisdiction over Clearstream and the constitutionality of 22 U.S.C. § 8772, but vacated the summary judgment against Bank Markazi. The court held that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi and erred by failing to apply state law to determine ownership interests in the assets.

Bankruptcy Civil Summary Judgment
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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.

Constitutional First Amendment - Speech Summary Judgment
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Nov 8 2024
9th Cir. 2:17-cr-00661- Published

UNITED STATES OF AMERICA v. JULIAN OMIDI

The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.

Criminal Fraud
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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.

Civil Insurance
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Nov 5 2024
2nd Cir. 20-3324 Panel Decision

EVEROD RAY ANTHONY REID v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL

The Second Circuit vacated the Board of Immigration Appeals' decision and remanded the case because the Immigration Judge failed to apply the correct legal framework for protecting the rights of noncitizens with mental incompetence. The court held that the IJ improperly concluded adequate safeguards existed without utilizing the specific procedural protections required under Matter of M-A-M- for respondents suffering from schizophrenia.

Civil Immigration (Civil)
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Nov 5 2024
9th Cir. 8:19-cr-00010- Published

UNITED STATES OF AMERICA v. DZUNG AHN PHAM

The Ninth Circuit affirmed the denial of a physician's motion to withdraw his guilty plea, ruling that his admission to knowingly issuing prescriptions outside the usual course of professional practice satisfied the mens rea requirement established in Ruan v. United States. The court held that Pham's explicit acknowledgment that he acted without a legitimate medical purpose inherently proved he knew he was unauthorized under the Controlled Substances Act.

Criminal Drug Trafficking
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Nov 4 2024
9th Cir. 2:21-cv-09115- Unanimous

CONSUELO GRISELDA NERIO MEJIA v. MARTIN J. O'MALLEY Commissioner of Social Security: CONSUELO GRISELDA NERIO MEJIA v. MARTIN J. O’MALLEY Commissioner of Social Security

The Ninth Circuit reversed a district court order that reduced an Equal Access to Justice Act fee award, holding that work on alternative legal arguments is compensable when the plaintiff achieves excellent results. The court remanded the case with instructions to award the full amount of fees requested by the appellant.

Civil Social Security
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Nov 4 2024
2nd Cir. 22-2327 Panel Decision

CARRÉ SUTTON v. TRUDI TAPSCOTT GÉRALD MARIE

The Second Circuit reversed the dismissal of a Child Victims Act claim, clarifying that New York law revives claims for out-of-state abuse if the victim was a New York resident when the cause of action accrued. The court also vacated a dismissal for lack of personal jurisdiction, ruling that the district court erred by raising the defense sua sponte without providing the plaintiff notice or an opportunity to plead facts.

Civil Civil Rights - ADA / Other
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