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Civil

Every decision we've filed under Civil.

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Criminal 1968 Summary Judgment 812 Sentencing Guidelines 723 Civil Rights - Section 1983 653 Immigration (Civil) 649 Constitutional 538 Supervised Release 475 Drug Trafficking 445 Civil Rights - Employment 370 Firearms 323 Qualified Immunity 252 Anders Brief 243
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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Oct 17 2024
9th Cir. 24-6326 Unpublished

Vazquez-Mendez v. Blanche

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying a motion to reopen. The court found the petitioner failed to demonstrate due diligence in discovering his counsel's error over a nearly six-year period.

Civil Immigration (Civil)
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Oct 16 2024
9th Cir. 24-4455 Unanimous

In re: THOMAS EUGENE CREECH

The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.

Civil Civil Rights - Section 1983
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Oct 15 2024
2nd Cir. 23-1147 Panel Decision

Salazar v. National Basketball Association

The Second Circuit held that a user who exchanges personal data for a free online newsletter qualifies as a 'subscriber of goods or services' under the Video Privacy Protection Act. The court further ruled that the unauthorized disclosure of video viewing history to a third party constitutes a concrete injury sufficient for Article III standing.

Civil Social Security
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Oct 15 2024
2nd Cir. 23-1124 Panel Decision

JOHN DOE, A FICTITIOUS NAME v. JAMES V. MCDONALD, M.D.

The Second Circuit held that a disability discrimination lawsuit brought by a former resident of a transitional adult home was moot because the state amended regulations and allowed his return. The court clarified that while the plaintiff had standing when the suit was filed, subsequent events eliminated his concrete stake in the outcome.

Civil Civil Rights - Voting Mootness Standing
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Oct 15 2024
5th Cir. 24-50783 Panel Decision

La Union del Pueblo Entero v. Abbott

The Fifth Circuit granted the State of Texas's request to stay a district court injunction that had declared parts of Texas S.B. 1 unconstitutional. Relying on the Supreme Court's Purcell principle, the court held that altering election laws three weeks before an election creates unacceptable confusion and administrative burden.

Civil Civil Rights - Voting
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