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Civil

Every decision we've filed under Civil.

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Criminal 1440 Summary Judgment 563 Sentencing Guidelines 508 Civil Rights - Section 1983 469 Immigration (Civil) 416 Constitutional 399 Supervised Release 346 Drug Trafficking 317 Firearms 244 Civil Rights - Employment 242 Intellectual Property 184 Qualified Immunity 181
Jan 23 2025
2nd Cir. 22-1854 Panel Decision

UNITED STATES OF AMERICA EX REL. RALPH BILLINGTON, MICHAEL ACEVES, AND SHARON DORMAN v. HCL TECHNOLOGIES LTD. AND HCL AMERICA, INC

The Second Circuit affirmed the dismissal of a qui tam action alleging that HCL Technologies violated the False Claims Act by using cheaper visas and underpaying foreign workers. The court held that the relators failed to plausibly allege a reverse FCA violation because no established legal obligation existed to pay higher taxes or visa fees that the defendant never actually incurred.

Civil Labor
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Jan 21 2025
9th Cir. 1:15-cv-00321- Published

G.P.P., INC., doing business as Guardian Innovative Solutions v. GUARDIAN PROTECTION PRODUCTS, INC.; RPM WOOD FINISHES GROUP, INC

The Ninth Circuit affirmed a district court's award of over $4 million in attorney's fees to G.P.P., Inc. but reversed the denial of fees to RPM Wood Finishes Group regarding abandoned claims. The panel held that a plaintiff's failure to litigate claims does not constitute a voluntary dismissal under California law without clear, express notice to the court.

Civil Contract
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Jan 14 2025
9th Cir. 4:23-cv-01196- Published

TANGLE, INC v. ARITZIA, INC.; ARITZIA LP; UNITED STATES OF ARITZIA, INC

The Ninth Circuit reversed the dismissal of a copyright claim involving kinetic sculptures, holding that their ability to assume multiple poses does not prevent them from being fixed in a tangible medium. However, the court affirmed the dismissal of a trade dress claim because the plaintiff failed to provide adequate notice of the specific elements of the alleged trade dress.

Civil Intellectual Property
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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 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 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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