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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
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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Dec 9 2024
2nd Cir. 22-3106 Panel Decision

Cerame v. Slack

The Second Circuit vacated a dismissal, holding that Connecticut lawyers have Article III standing to challenge a new bar rule restricting speech. The court found the plaintiffs plausibly alleged a credible threat of enforcement that chills their First Amendment rights.

Civil Civil Rights - Section 1983 Standing
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Dec 3 2024
9th Cir. 3:21-cv-01416- Published

Windy Cove, Inc. v. Circle K Stores Inc.

The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.

Civil Contract Summary Judgment
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Nov 13 2024
9th Cir. 23-114 Published

JOSE ERNESTO ALEMAN-BELLOSO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.

Civil Immigration (Civil)
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Nov 13 2024
2nd Cir. 22-1801 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for public school employees, ruling the policy neutral and generally applicable. However, the court vacated and remanded the dismissal of as-applied religious exemption claims for two plaintiffs, requiring the district court to evaluate whether their denials improperly judged the nature of their beliefs.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 22-1876 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for school employees, applying rational basis review. However, the court vacated and remanded the dismissal of as-applied claims for two plaintiffs, finding the district court erred by not applying strict scrutiny to the denial of their religious exemptions.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 23-700 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed in part and vacated in part, holding that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi but possessed personal jurisdiction over Clearstream. The court further ruled that while Section 8772 is constitutional, the district court erred in granting summary judgment without first determining asset ownership under state law.

Bankruptcy Civil Summary Judgment
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