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Summary Judgment

Every decision we've filed under Summary Judgment.

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Civil 3399 Criminal 1956 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251 Anders Brief 242
Feb 25 2025
9th Cir. 3:17-md-02773- Published

Sarah Key; Andrew Westley; Terese Russell; Carra Abernathy v. Qualcomm Incorporated

The Ninth Circuit affirmed the dismissal of state antitrust claims against Qualcomm, holding that California law does not depart from federal precedent regarding the company's licensing policies. However, the court vacated summary judgment on Unfair Competition Law claims because the federal court lacked equitable jurisdiction to award restitution for past conduct.

Civil Intellectual Property Summary Judgment
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Feb 11 2025
9th Cir. 3:22-cv-00244- Published

K. J., a minor, by and through his guardian ad litem, Kasey L. Johnson v. Doctor LAMONT A. JACKSON

The Ninth Circuit reversed summary judgment, holding that school officials violated a high school student's due process rights by extending his suspension based on new charges without providing notice or a hearing. The court further ruled that the officials are not entitled to qualified immunity and that the student has standing to seek expungement of the disciplinary records.

Civil Civil Rights - Section 1983 Qualified Immunity Summary Judgment
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Jan 13 2025
2nd Cir. 21-2949 Panel Decision

Capitol Records, LLC v. Vimeo, Inc.

The Second Circuit affirmed summary judgment for Vimeo, holding that the platform retained DMCA safe harbor protection because plaintiffs failed to prove Vimeo had specific knowledge of infringement or exercised substantial control over user content. The court clarified that general monitoring duties and financial benefits from user subscriptions do not constitute the right and ability to control infringing activity.

Civil Intellectual Property Summary Judgment
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Jan 13 2025
2nd Cir. 22-2884 Panel Decision

Mallet v. New York State Department of Corrections and Community Supervision

The Second Circuit reversed the dismissal of an inmate's Eighth Amendment claim, holding that the statute of limitations did not begin to run until he reasonably suspected he had prostate cancer, not when he was released from prison. The court remanded the case for further proceedings on the claims against two prison doctors while dismissing the claims against a third provider and state officials.

Civil Rights - Section 1983 Criminal Qualified Immunity Statute of Limitations
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Jan 13 2025
2nd Cir. 21-2974 Panel Decision

Capitol Records, LLC v. Vimeo, Inc.

The Second Circuit affirmed summary judgment for Vimeo, holding that the video platform retained DMCA safe harbor protection despite employee interactions with infringing user content. The court ruled that Vimeo lacked the specific knowledge required to lose immunity and did not exercise the substantial control necessary to forfeit its statutory defenses.

Civil Intellectual Property Summary Judgment
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Dec 30 2024
2nd Cir. 22-585 Panel Decision

Edwards v. Arocho

The Second Circuit vacated the dismissal of a pretrial detainee's Fourteenth Amendment claims regarding unsanitary conditions and segregation without a hearing. The court also reversed summary judgment on a failure-to-protect claim, finding a factual dispute over whether the plaintiff exhausted administrative remedies under the PLRA.

Civil Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Eighth Amendment - Cruel & Unusual
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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 25 2024
2nd Cir. 22-978 Panel Decision

Thompson v. Booth

The Second Circuit vacated a default judgment against a corrections officer, ruling that the district court abused its discretion by awarding damages while dismissing identical claims against co-defendants for failure to exhaust administrative remedies. Applying the prohibition on inconsistent judgments, the court held that a plaintiff cannot prevail against a defaulting defendant when the same legal bar precludes the claims against litigating co-defendants.

Antitrust (Criminal) Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Criminal
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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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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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