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Nov 6 2024
2nd Cir. 22-2650 Panel Decision

Flynn v. McGraw Hill LLC

The Second Circuit vacated the dismissal of a breach-of-contract claim against McGraw Hill, ruling that the publisher's 'own expense' clause was ambiguous regarding digital distribution costs. While affirming the dismissal of claims related to 'net receipts' definitions, the court remanded the case to allow authors to proceed with allegations that the publisher shifted publishing expenses to them.

Civil Insurance
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Nov 5 2024
9th Cir. 8:19-cr-00010- Published

UNITED STATES OF AMERICA v. DZUNG AHN PHAM

The Ninth Circuit affirmed the denial of a physician's motion to withdraw his guilty plea, ruling that his admission to knowingly issuing prescriptions outside the usual course of professional practice satisfied the mens rea requirement established in Ruan v. United States. The court held that Pham's explicit acknowledgment that he acted without a legitimate medical purpose inherently proved he knew he was unauthorized under the Controlled Substances Act.

Criminal Drug Trafficking
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Nov 5 2024
2nd Cir. 20-3324 Panel Decision

EVEROD RAY ANTHONY REID v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL

The Second Circuit vacated the Board of Immigration Appeals' decision and remanded the case because the Immigration Judge failed to apply the correct legal framework for protecting the rights of noncitizens with mental incompetence. The court held that the IJ improperly concluded adequate safeguards existed without utilizing the specific procedural protections required under Matter of M-A-M- for respondents suffering from schizophrenia.

Civil Immigration (Civil)
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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 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 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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