Topic
Every decision we've filed under Summary Judgment.
The Second Circuit held that New York's ban on physically displaying ivory for sale constitutes a content-based restriction on commercial speech subject to strict scrutiny. The court found the state failed to prove the ban was narrowly tailored, as less restrictive alternatives were available to prevent illegal sales.
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.
The Ninth Circuit dismissed Apple's appeal of a district court order granting discovery under 28 U.S.C. § 1782 because the scope of the required production remained undetermined. The panel held that without a final determination of what documents must be produced, the order was not a final judgment subject to appellate review.
The D.C. Circuit affirmed the dismissal of Tony Parks' Title VII retaliation claims, ruling that his pleadings failed to allege facts constituting a materially adverse action or a causal link to protected activity. The court further held that Parks forfeited challenges to his failure-to-promote and other discrimination claims by failing to raise them in his appellate brief.
The Second Circuit vacated a district court ruling that found New York City's Guaranty Law unconstitutional, holding that the plaintiffs lacked Article III standing at the summary judgment stage. Because the City has disavowed any intent to enforce the law against the landlords, there is no credible threat of injury to redress through federal court.
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.
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.
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.
The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.
The D.C. Circuit held that the Individuals with Disabilities Education Act requires school districts to provide door-to-door assistance for a wheelchair-bound student to access school. The court reversed summary judgment, ruling that transporting a child from their apartment door to a school bus constitutes a mandatory transportation service under federal law.