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Civil

Every decision we've filed under Civil.

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Criminal 1244 Summary Judgment 481 Sentencing Guidelines 425 Civil Rights - Section 1983 406 Immigration (Civil) 360 Constitutional 356 Supervised Release 292 Drug Trafficking 280 Firearms 218 Civil Rights - Employment 208 Intellectual Property 165 Qualified Immunity 155
Oct 27 2023
2nd Cir. 22-2178-cv Panel Decision

PEOPLE OF THE STATE OF NEW YORK, BY LETITIA JAMES, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. NIAGARA-WHEATFIELD CENTRAL SCHOOL DISTRICT

The Second Circuit reversed a district court dismissal, clarifying that a state suing in parens patriae need not prove a discriminatory policy or practice to establish standing. The court held that New York sufficiently alleged that a school district's failure to address repeated sexual assaults and harassment affected a substantial segment of the student population.

Civil Civil Rights - Education
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Sep 14 2023
9th Cir. 21-1098 Published

PETR VASILYEVICH RUDNITSKYY v. MERRICK GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that the stop-time rule for cancellation of removal is triggered by the date a criminal offense is committed, not the date of conviction. This ruling confirms that a lawful permanent resident is ineligible for relief if the offense occurred within seven years of admission, even if the conviction finalizes after that period.

Civil Immigration (Civil)
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Jun 7 2023
9th Cir. 21-584 Published

SERGEY NIKO ZHOVTONIZHKO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals erred by relying on outdated precedent to classify Washington's current reckless driving statute as a crime involving moral turpitude. The court found that the statute's 'reckless manner' element reflects a lower mental state than the 'wanton or willful disregard' standard required by prior BIA rulings.

Civil Immigration (Civil)
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Jun 7 2023
9th Cir. 21-298 Published

ANDRES ARIZMENDI-MEDINA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals, holding that an immigration judge violated due process by rigidly enforcing a filing deadline without allowing a window filing. The court found the proceedings fundamentally unfair because the deadline was ambiguous and the judge refused to accept the application while still on the bench.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Jun 5 2023
2nd Cir. 22-1711-cv Panel Decision

GIVAUDAN SA PHYTO TECH CORP., DBA BLUE CALIFORNIA v. CONAGEN INC

The Second Circuit affirmed a district court judgment holding that Conagen was not liable for breach of contract after negotiations for an exclusivity arrangement failed. The court ruled that the executed Term Sheet created a binding duty to negotiate in good faith but did not bind the parties to the specific exclusivity terms sought by Givaudan.

Civil Securities
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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.

Civil Civil Rights - Employment
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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.

Civil Civil Rights - Employment
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Aug 23 2023
2nd Cir. 20-1643-cv Panel Decision

New England Carpenters Guaranteed Annuity and Pension Funds v. AmTrust Financial Services, Inc.

The Second Circuit held that AmTrust Financial Services' public statements regarding its accounting for extended warranty revenue and employee bonuses were actionable statements of opinion under the Securities Act. The court vacated the dismissal of these specific claims and remanded the case for trial, while affirming the dismissal of all other securities fraud allegations.

Civil Securities
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Nov 21 2017
2nd Cir. 15-690 Panel Decision

Peterson v. Islamic Republic of Iran

The Second Circuit vacated a dismissal of claims against foreign banks, holding that New York law permits courts to compel non-sovereign possessors to turn over extraterritorial sovereign assets. The court affirmed that settlement agreements released some non-turnover claims but left others unresolved, remanding the case for further proceedings on jurisdiction and immunity.

Bankruptcy Civil
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