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Dec 20 2024
2nd Cir. 22-2527 Panel Decision

United States v. Torres

The Second Circuit affirmed the convictions of three Rollin' 30s Crips members for racketeering and firearms offenses, finding the evidence sufficient to support the jury's verdicts. The court dismissed one defendant's appeal regarding a sentencing departure for lack of jurisdiction due to a missed filing deadline.

Dec 10 2024
2nd Cir. 23-763 Panel Decision

Phhhoto Inc. v. Meta Platforms, Inc.

The Second Circuit reversed a dismissal of an antitrust claim against Meta, holding that the plaintiff adequately alleged fraudulent concealment to equitably toll the statute of limitations. The court found that Meta's public statements about its algorithmic feed and the inherently self-concealing nature of the suppression scheme prevented the plaintiff from discovering the claim until October 2017.

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.