Topic

Civil

Every decision we've filed under Civil.

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Criminal 1220 Summary Judgment 468 Sentencing Guidelines 413 Civil Rights - Section 1983 396 Immigration (Civil) 357 Constitutional 353 Supervised Release 285 Drug Trafficking 272 Firearms 213 Civil Rights - Employment 205 Intellectual Property 159 Qualified Immunity 151
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. 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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Dec 30 2024
2nd Cir. 22-585 Panel Decision

Edwards v. Arocho

The Second Circuit vacated the dismissal of a pretrial detainee's Fourteenth Amendment claims regarding unsanitary conditions and segregation without a hearing. The court also reversed summary judgment on a failure-to-protect claim, finding a factual dispute over whether the plaintiff exhausted administrative remedies under the PLRA.

Civil Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Eighth Amendment - Cruel & Unusual
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Dec 27 2024
2nd Cir. 22-2708 Panel Decision

United States ex rel. Camburn v. Novartis Pharmaceuticals Corp.

The Second Circuit established that a False Claims Act claim based on an Anti-Kickback Statute violation requires alleging that at least one purpose of the remuneration was to induce fraudulent conduct. The court partially affirmed the dismissal of the complaint, allowing specific allegations regarding sham speaker events and excessive compensation to proceed while rejecting other claims for insufficient particularity.

Civil ERISA / Employee Benefits
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Dec 23 2024
9th Cir. 21-1096 Published

VITALIY CHMUKH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of asylum and withholding of removal for a Ukrainian national convicted of possessing a stolen vehicle. The court held that the Washington state statute aligns with the federal definition of an aggravated felony and that the conviction constitutes a particularly serious crime.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Dec 10 2024
2nd Cir. 23-1108 Panel Decision

Singh v. Deloitte LLP

The Second Circuit affirmed the dismissal of an ERISA class action alleging excessive recordkeeping fees, holding that plaintiffs failed to plausibly allege a breach of the duty of prudence. The court ruled that comparing fee amounts without specific factual context regarding the quality and scope of services provided is insufficient to state a claim.

Antitrust (Civil) Civil ERISA / Employee Benefits
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