Topic
Every decision we've filed under Civil.
The Second Circuit affirmed a district court order denying a pro se litigant's motion to represent his late wife's estate in litigation. The court held that because the estate had other beneficiaries and creditors, the litigant could not proceed without outside counsel.
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.
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.
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.
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.
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.
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.
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.
The Ninth Circuit reversed a district court order that reduced an Equal Access to Justice Act fee award, holding that work on alternative legal arguments is compensable when the plaintiff achieves excellent results. The court remanded the case with instructions to award the full amount of fees requested by the appellant.
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.