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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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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 1 2024
2nd Cir. 23-905 Panel Decision

Structured Asset Sales, LLC v. Sheeran

The Second Circuit affirmed summary judgment, holding that the Copyright Act of 1909 protects only the musical composition defined by the deposited sheet music, excluding audio recording elements. The court further ruled that the alleged combination of a four-chord progression and syncopated harmonic rhythm lacks sufficient originality for copyright protection as a matter of law.

Civil Intellectual Property Summary Judgment
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Oct 30 2024
2nd Cir. 23-612 Panel Decision

Ferreira v. Aviles-Ramos

The Second Circuit held that district courts must independently evaluate equitable factors in IDEA reimbursement cases rather than deferring to state administrative agencies. Although the court found the district court initially erred by deferring to the IHO and SRO, it affirmed the judgment because the lower court ultimately conducted its own independent balancing of equities.

Criminal Sentencing Guidelines
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Oct 28 2024
9th Cir. 2:17-cr-00055- Published

UNITED STATES OF AMERICA v. DILESH SHARMA

The Ninth Circuit affirmed a federal sentence for child pornography offenses, rejecting a facial due process challenge to two Congressionally directed sentencing enhancements. The court held that enhancements for computer usage and image quantity remain rationally related to legitimate government interests despite changes in technology.

Child Sexual Abuse Material Criminal Sentencing Guidelines Supervised Release
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Oct 25 2024
9th Cir. 2:18-cr-00050- Published

UNITED STATES OF AMERICA v. YI-CHI SHIH

The Ninth Circuit affirmed a sentence for a UCLA professor who exported military-grade circuits to China without a license. The court held that export controls listed for national security reasons qualify as such under the Sentencing Guidelines, even if they also satisfy foreign policy treaty obligations.

Criminal Sentencing Guidelines
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Oct 24 2024
2nd Cir. 22-1386 Panel Decision

State Farm Mutual Automobile Insurance Co. v. Tri-Borough NY Medical Practice P.C.

The Second Circuit reversed a district court's refusal to enjoin pending state-court proceedings, ruling that the Anti-Injunction Act's exception for protecting federal jurisdiction applies when state litigation is used to further a RICO scheme. The court affirmed the injunction barring fraudulent arbitrations, holding that the piecemeal nature of the proceedings prevented the effective vindication of federal statutory rights.

Criminal Fraud
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