Jul 23 2024
United States Court… 22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Apr 26 2024
United States Court… 24-7078 Panel Decision

Walton v. First Merchants Bank

The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.

Feb 29 2024
9th Cir. 6:23-cv-01624- Per Curiam

Linthicum v. Wagner

The Ninth Circuit affirmed the denial of a preliminary injunction, holding that legislators' walkouts to deny a quorum are official acts protected by Nevada Commission on Ethics v. Carrigan rather than personal speech under the First Amendment. Consequently, the Senators could not claim retaliation for absences incurred during their protest, meaning Oregon's constitutional disqualification provision applies without violating free speech rights.

Feb 14 2024
2nd Cir. 22-3094-cv Panel Decision

Saint-Jean v. Emigrant Mortgage Co., Inc.

The Second Circuit affirmed a jury verdict in a reverse redlining case where Black and Latino homeowners successfully sued a lender for violating antidiscrimination laws by targeting them with predatory mortgage refinancing loans. The court held that equitable tolling applied to the statute of limitations and that a release-of-claims provision in a loan modification agreement was unenforceable as a matter of law.

Dec 14 2023
2nd Cir. 22-1076-cv Panel Decision

CompassCare v. Hochul

The Second Circuit vacated the dismissal of three religious organizations' expressive-association claims against New York's reproductive health anti-discrimination law, recognizing that employers may assert associational rights when forced to retain employees who contradict their mission. The Court affirmed the dismissal of free speech and free exercise claims while remanding the case to determine if the plaintiffs plausibly alleged that the law burdens their specific organizational missions.

Aug 5 2022
2nd Cir. 21-56 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with retaliatory intent to discriminate against them. Because the district court failed to instruct the jury on this essential element, the verdict is vacated and the case is remanded for a new trial.

Aug 5 2022
2nd Cir. 20-4202 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with specific retaliatory intent to establish an adverse employment action claim. Because the district court failed to instruct the jury on this essential element, the court vacated the verdict and remanded for a new trial.