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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
Nov 13 2024
2nd Cir. 23-614 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed the district court's exercise of personal jurisdiction over Clearstream and the constitutionality of 22 U.S.C. § 8772, but vacated the summary judgment against Bank Markazi. The court held that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi and erred by failing to apply state law to determine ownership interests in the assets.

Bankruptcy Civil Summary Judgment
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Nov 6 2024
2nd Cir. 22-2650 Panel Decision

Flynn v. McGraw Hill LLC

The Second Circuit vacated the dismissal of a breach-of-contract claim against McGraw Hill, ruling that the publisher's 'own expense' clause was ambiguous regarding digital distribution costs. While affirming the dismissal of claims related to 'net receipts' definitions, the court remanded the case to allow authors to proceed with allegations that the publisher shifted publishing expenses to them.

Civil Insurance
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Nov 5 2024
2nd Cir. 20-3324 Panel Decision

EVEROD RAY ANTHONY REID v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL

The Second Circuit vacated the Board of Immigration Appeals' decision and remanded the case because the Immigration Judge failed to apply the correct legal framework for protecting the rights of noncitizens with mental incompetence. The court held that the IJ improperly concluded adequate safeguards existed without utilizing the specific procedural protections required under Matter of M-A-M- for respondents suffering from schizophrenia.

Civil Immigration (Civil)
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Nov 4 2024
2nd Cir. 22-2327 Panel Decision

CARRÉ SUTTON v. TRUDI TAPSCOTT GÉRALD MARIE

The Second Circuit reversed the dismissal of a Child Victims Act claim, clarifying that New York law revives claims for out-of-state abuse if the victim was a New York resident when the cause of action accrued. The court also vacated a dismissal for lack of personal jurisdiction, ruling that the district court erred by raising the defense sua sponte without providing the plaintiff notice or an opportunity to plead facts.

Civil Civil Rights - ADA / Other
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Nov 1 2024
2nd Cir. 23-905 Panel Decision

Structured Asset Sales, LLC v. Sheeran

The Second Circuit affirmed summary judgment, holding that the Copyright Act of 1909 protects only the musical composition defined by the deposited sheet music, excluding audio recording elements. The court further ruled that the alleged combination of a four-chord progression and syncopated harmonic rhythm lacks sufficient originality for copyright protection as a matter of law.

Civil Intellectual Property Summary Judgment
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Nov 1 2024
2nd Cir. 23-1080 Panel Decision

Schiebel v. Schoharie Central School District

The Second Circuit reversed the dismissal of a Title IX claim, holding that a school district's investigation into a male educator could plausibly constitute sex discrimination. The court found the complaint sufficiently detailed to support allegations of a sham investigation and sex-based bias by the Title IX coordinator.

Civil Civil Rights - Employment
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Oct 17 2024
9th Cir. 21-304 2-1

Claudia Elena Montejo-Gonzalez; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo v. Merrick B. Garland, Attorney General

The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.

Civil Immigration (Civil)
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Oct 17 2024
2nd Cir. 23-492 Panel Decision

Avon Nursing & Rehabilitation v. Becerra

The Second Circuit affirmed a district court ruling upholding a federal rule that allows certain Medicaid inspections of skilled nursing facilities without a registered nurse present. The court held that the statutory mandate for a registered nurse applies only to formal surveys, not to complaint investigations or compliance monitoring.

Civil Insurance
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