Sep 23 2024
2nd Cir. 23-540 Panel Decision

Rubin v. O'Malley

The Second Circuit vacated the district court's affirmation of a Social Security Administration denial, holding that the Administrative Law Judge's decision was not supported by substantial evidence. The court found the ALJ misinterpreted medical and lay evidence regarding the plaintiff's ability to adapt to environmental changes.

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.

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.

Sep 6 2024
United States Court… 22-7171 Panel Decision

ESTATE OF YAEL BOTVIN, BY RUSSELL ELLIS ADMINISTRATOR v. HEIDEMAN, NUDELMAN & KALIK, P.C

The D.C. Circuit reversed the dismissal of a legal malpractice claim, holding that plaintiffs adequately pleaded proximate cause by showing the loss of a settlement opportunity was a foreseeable result of attorney negligence. The court clarified that foreseeability requires only that the general type of harm be predictable, not the precise sequence of events leading to it.

Sep 4 2024
United States Court… 24-5045 Panel Decision

Lettieri v. Federal Marshals

The D.C. Circuit affirmed the dismissal of a civil rights complaint because the plaintiff failed to provide a short, plain statement of the claim required by Federal Rule of Civil Procedure 8(a). The court further held that the district court correctly denied leave to amend the complaint, as the proposed changes would not have cured the original pleading deficiencies.

Sep 4 2024
9th Cir. 2:23-cv-01939- Published

X Corp. v. Bonta

The Ninth Circuit reversed the district court's denial of a preliminary injunction against California AB 587, holding that its Content Category Report provisions likely violate the First Amendment. The court ruled that the mandates compel non-commercial speech subject to strict scrutiny and are not narrowly tailored to serve the state's transparency goals.

Sep 4 2024
2nd Cir. 23-1260 Panel Decision

Hachette Book Group, Inc. v. Internet Archive

The Second Circuit affirmed summary judgment for four major book publishers, ruling that Internet Archive's practice of scanning and lending entire copyrighted books violates the Copyright Act. The court held that this digital lending program fails the fair use test because it is not transformative and usurps the publishers' market for licensed eBooks.

Sep 3 2024
2nd Cir. 23-1298 Panel Decision

In re Terrorist Attacks on September 11, 2001

The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's appellate bar precludes immediate review of immunity denials under the collateral-order doctrine. Sudan must now await a final judgment on the merits before challenging the district court's denial of sovereign immunity.