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Sep 4 2024
United States Court… 24-5045 Panel Decision

Lettieri v. Federal Marshals

The D.C. Circuit affirmed the dismissal of a civil rights complaint because the plaintiff failed to provide a short, plain statement of the claim required by Federal Rule of Civil Procedure 8(a). The court further held that the district court correctly denied leave to amend the complaint, as the proposed changes would not have cured the original pleading deficiencies.

Sep 4 2024
9th Cir. 2:23-cv-01939- Published

X Corp. v. Bonta

The Ninth Circuit reversed the district court's denial of a preliminary injunction against California AB 587, holding that its Content Category Report provisions likely violate the First Amendment. The court ruled that the mandates compel non-commercial speech subject to strict scrutiny and are not narrowly tailored to serve the state's transparency goals.

Sep 4 2024
2nd Cir. 23-1260 Panel Decision

Hachette Book Group, Inc. v. Internet Archive

The Second Circuit affirmed summary judgment for four major book publishers, ruling that Internet Archive's practice of scanning and lending entire copyrighted books violates the Copyright Act. The court held that this digital lending program fails the fair use test because it is not transformative and usurps the publishers' market for licensed eBooks.

Sep 3 2024
2nd Cir. 23-1299 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Because the district court did not certify the order for immediate appeal under 28 U.S.C. § 1292(b), the appellate court lacks jurisdiction to review the immunity denial until the underlying litigation concludes.

Sep 3 2024
2nd Cir. 23-1318 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit held that the Foreign Sovereign Immunities Act's appellate bar eliminates all interlocutory appeals under the collateral-order doctrine for actions brought under the state-sponsored terrorism exception. Consequently, the Republic of Sudan's immediate appeal challenging immunity denials was dismissed because the district court failed to certify the order for immediate review.