Sep 26 2024
2nd Cir. 23-1005 Panel Decision

Bloomberg L.P. and Dow Jones & Company, Inc. v. United States Postal Service

The Second Circuit affirmed the district court's grant of summary judgment to the USPS, holding that aggregated change-of-address data qualifies as information of a commercial nature under the Postal Reorganization Act. The court ruled that FOIA Exemption 3 bars disclosure of this data because the underlying statute establishes specific criteria for withholding commercial information derived from the agency's core business operations.

Sep 24 2024
2nd Cir. 22-2649 Panel Decision

Chinese American Citizens Alliance of Greater New York v. Adams

The Second Circuit reversed summary judgment, holding that plaintiffs need not prove an aggregate disparate impact to establish a discriminatory effect under the Equal Protection Clause if discriminatory intent is shown. Instead, the court ruled that harm to individual Asian-American students excluded from a school admissions program is sufficient to trigger strict scrutiny review.

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.