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Jan 14 2025
9th Cir. 4:23-cv-01196- Published

TANGLE, INC v. ARITZIA, INC.; ARITZIA LP; UNITED STATES OF ARITZIA, INC

The Ninth Circuit reversed the dismissal of a copyright claim involving kinetic sculptures, holding that their ability to assume multiple poses does not prevent them from being fixed in a tangible medium. However, the court affirmed the dismissal of a trade dress claim because the plaintiff failed to provide adequate notice of the specific elements of the alleged trade dress.

Civil Intellectual Property
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Jan 13 2025
2nd Cir. 21-2949 Panel Decision

Capitol Records, LLC v. Vimeo, Inc.

The Second Circuit affirmed summary judgment for Vimeo, holding that the platform retained DMCA safe harbor protection because plaintiffs failed to prove Vimeo had specific knowledge of infringement or exercised substantial control over user content. The court clarified that general monitoring duties and financial benefits from user subscriptions do not constitute the right and ability to control infringing activity.

Civil Intellectual Property Summary Judgment
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Jan 13 2025
2nd Cir. 22-2884 Panel Decision

Mallet v. New York State Department of Corrections and Community Supervision

The Second Circuit reversed the dismissal of an inmate's Eighth Amendment claim, holding that the statute of limitations did not begin to run until he reasonably suspected he had prostate cancer, not when he was released from prison. The court remanded the case for further proceedings on the claims against two prison doctors while dismissing the claims against a third provider and state officials.

Civil Rights - Section 1983 Criminal Qualified Immunity Statute of Limitations
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Jan 13 2025
2nd Cir. 21-2974 Panel Decision

Capitol Records, LLC v. Vimeo, Inc.

The Second Circuit affirmed summary judgment for Vimeo, holding that the video platform retained DMCA safe harbor protection despite employee interactions with infringing user content. The court ruled that Vimeo lacked the specific knowledge required to lose immunity and did not exercise the substantial control necessary to forfeit its statutory defenses.

Civil Intellectual Property Summary Judgment
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Jan 13 2025
2nd Cir. 22-1227 Panel Decision

Pearson v. Gesner

The Second Circuit affirmed the dismissal of a prisoner's medical neglect claims but vacated the dismissal of his excessive force allegations. The court held that the district court erred by relying on a defendant's self-serving report and a video to evaluate the sufficiency of the complaint under Rule 12(b)(6).

Civil Civil Rights - Section 1983
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Jan 7 2025
2nd Cir. 23-394 Panel Decision

Moreira et al. v. Société Générale et al.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that runs from the defendant's last culpable act. Because the plaintiffs' allegations of trafficking predated their complaints by more than two years and the presidential suspensions of the right to sue did not toll the repose period, the claims were time-barred.

Civil Securities Standing
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Jan 7 2025
2nd Cir. 23-670 Panel Decision

Moreira v. Société Générale, S.A.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing are permanently barred, and remaining timely allegations failed to plausibly allege trafficking.

Civil Securities Standing
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Jan 7 2025
2nd Cir. 23-568 Panel Decision

Moreira v. Société Générale, S.A.

The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing were barred, and remaining allegations failed to plausibly allege trafficking.

Civil Securities Standing
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Jan 3 2025
2nd Cir. 22-1799 Panel Decision

United States v. Cuomo

The Second Circuit affirmed Guy Cuomo's convictions for computer fraud and identity theft, ruling that impersonating debtors to access state unemployment databases constituted unauthorized access under the Computer Fraud and Abuse Act. The court also upheld his 45-month sentence, rejecting challenges to the evidence sufficiency and sentencing enhancements.

Criminal Sentencing Guidelines
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Dec 30 2024
9th Cir. 9:21-cr-00029- Published

UNITED STATES OF AMERICA v. MICHAEL BLAKE DEFRANCE

The Ninth Circuit reversed Michael Blake DeFrance's conviction for possessing a firearm as a convicted domestic abuser because his prior state offense did not legally require physical force. The court held that Montana's assault statute is too broad to qualify as a predicate offense under federal law because it can be violated by inflicting emotional distress alone.

Criminal Drug Trafficking Firearms
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