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Sep 26 2024
2nd Cir. 23-1005 Panel Decision

Bloomberg L.P. and Dow Jones & Company, Inc. v. United States Postal Service: Bloomberg L.P. and Dow Jones & Company, Inc. v. United States Postal Service

The Second Circuit affirmed the district court's grant of summary judgment to the USPS, holding that aggregated change-of-address data qualifies as information of a commercial nature under the Postal Reorganization Act. The court ruled that FOIA Exemption 3 bars disclosure of this data because the underlying statute establishes specific criteria for withholding commercial information derived from the agency's core business operations.

Civil Environmental (Civil) FOIA Summary Judgment
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Sep 24 2024
2nd Cir. 22-2649 Panel Decision

Chinese American Citizens Alliance of Greater New York v. Adams

The Second Circuit reversed summary judgment, holding that plaintiffs need not prove an aggregate disparate impact to establish a discriminatory effect under the Equal Protection Clause if discriminatory intent is shown. Instead, the court ruled that harm to individual Asian-American students excluded from a school admissions program is sufficient to trigger strict scrutiny review.

Civil Securities Summary Judgment
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Jan 28 2025
2nd Cir. 23-1013-cv Panel Decision

Unkechaug Indian Nation v. Seggos

The Second Circuit affirmed that the 1676 Andros Order is not a valid federal treaty binding on the United States because it predates the nation and lacks federal ratification. Consequently, the order does not preempt New York's fishing regulations prohibiting the harvesting of glass eels in off-reservation waters.

Civil Real Property
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Sep 17 2024
2nd Cir. 21-1381 Panel Decision

American Girl, LLC v. Zembrka

The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.

Criminal Embezzlement & Forgery
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Sep 12 2024
9th Cir. 4:22-cr-00208- Published

UNITED STATES OF AMERICA v. CENIOUS BREWSTER

The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.

Criminal Firearms
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Sep 11 2024
2nd Cir. 23-992 Panel Decision

Malek v. Feigenbaum

The Second Circuit dismissed an appeal for lack of jurisdiction because the appellant failed to file a motion for reconsideration within the strict deadlines set by federal rules. The court clarified that merely serving a motion on opposing parties does not toll the appeal clock, and that the relevant rule is a mandatory claim-processing rule immune from equitable tolling.

Civil Forfeiture / Penalty Summary Judgment
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Sep 11 2024
2nd Cir. 23-229 Panel Decision

Hyunhuy Nam v. Permanent Mission of the Republic of Korea to the United Nations

The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.

Criminal National Defense & Espionage Summary Judgment
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