390 results for 'court:"2nd Circuit"'.
Per curiam, the circuit finds that the district court properly dismissed trade dress infringement claims alleging a competitor made a knock-off of plaintiff's Mackage coat because plaintiff did not precisely describe the trade dress or demonstrate dilution of distinctiveness. However, state unfair competition claims alleging misappropriation of proprietary interests other than trade dress should be addressed on remand. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-1965, Categories: Trademark, Unfair Competition
Per curiam, the circuit finds that the district court properly ordered retrial for damages only after an employee prevailed in claims contending he had been subjected to retaliatory firing by a federal contractor that provides educational and vocational training to at-risk youths. The initial damages award of $3.2 million inflated future earnings and harm from termination, and the court properly declined to offer the option of remittal since the damages award was so outsized. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 8, 2024, Case #: 23-87, Categories: Damages, Employment Retaliation
J. Nathan finds that the district court properly dismissed a constitutional challenge to a New York City law protecting workers at large fast food restaurants from arbitrary firing and reduced hours. Preemption by national law governing the collective bargaining process does not apply, since the local statute establishes minimum protections for individual workers. Meanwhile, statute does not discriminate against interstate commerce because all fast food chains which meet the minimum location benchmark are affected, whether based in- or out-of-state. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: January 5, 2024, Case #: 22-491, Categories: Municipal Law, Preemption, Labor
Per curiam, the circuit finds that the district court properly convicted defendant of conspiracy to possess heroin, fentanyl, and cocaine with intent to distribute. Police performed an illegal search upon acting on a tip that a quantity of drugs were contained in a vehicle by walking up a residential driveway and lifting a tarp covering the car to get the ID number, and also by bringing in a drug-sniffing dog. However, defendant was properly denied suppression based on the good faith exception to the exclusionary rule, as police apprised a judge of their actions and the VIN was not key in determining probable cause. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 4, 2024, Case #: 22-471, Categories: Drug Offender, Search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the circuit finds that the district court properly granted U.S. Transportation Secretary Pete Buttigieg dismissal of retaliation claims brought by a former employee of the Federal Aviation Administration because the employee failed to establish he had been dismissed for retaliation in light of his admission that he had recorded meetings and conversations in violation of agency policy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 2, 2024, Case #: 23-162, Categories: Employment Retaliation
J. Sullivan finds that the district court improperly found for a class of New York City consumers who brought unjust enrichment claims against a fund providing workers' compensation benefits to "black car" and app-based livery drivers for surcharges levied on noncash tips paid by passengers because legislation establishing the fund plainly authorized surcharges on livery billings, and noncash tips are components of such invoices. Reversed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: January 2, 2024, Case #: 22-2061, Categories: Class Action
Per curiam, the circuit finds that the district court properly dismissed damages claims that Trump lawyer Michael Cohen brought against his former client, others in the administration, and prison officials, contending that he had been subjected to retaliatory re-incarceration and solitary confinement for writing a tell-all book while previously in prison on campaign finance charges. Because Cohen was released to home confinement after filing a habeas writ, he received sufficient relief. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 2, 2024, Case #: 23-35, Categories: Civil Rights, Habeas
[Consolidated.] Per curiam, the circuit finds that the district court properly enhanced defendant's sentence based on his guilty plea to weapon possession following a prior felony conviction. Defendant was properly convicted of attempted murder during a road-rage incident based on evidence demonstrating intent since defendant shouted threats at a van driver who blocked him from changing lanes and fired the weapon at close range after pulling up next to the van. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 27, 2023, Case #: 22-1361 (L), Categories: Intent, Sentencing, Weapons
J. Sullivan finds that the district court properly dismissed class securities fraud claims concerning safety statements about a new smoke-free alternative to traditional cigarettes. Statements tied to scientific studies that used general but subjective terms were properly treated as opinion rather than fact, and statements interpreting federal scientific data were per se "reasonable" as a matter of law under existing precedent. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: December 26, 2023, Case #: 21-2546, Categories: Fraud, Securities, Class Action
J. Leval finds that the district court improperly found for an insurer of marine cargo destroyed in a warehouse fire. The payout of less than half the garment-trade owner's valuation was deemed the coverage limit since the facility did not meet the policy's definition of "approved location," but that specification was ambiguous and New York law dictates resolution in favor of the insured.
Court: 2nd Circuit, Judge: Leval, Filed On: December 26, 2023, Case #: 22-766, Categories: Insurance
Per curiam, the circuit finds that the city's appeal should be dismissed as brought from the denial of qualified immunity against claims concerning a business owner's eviction. The city was not entitled to immediate appeal under the collateral order doctrine since the denial was based on timeliness rather than the merits of the defense.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 23-459, Categories: Civil Procedure, Immunity
Per curiam, the circuit finds that the district court properly declined to alter a jury verdict awarding damages for violations of an agreement settling trademark infringement claims because the Swedish company that misused its mark under the settlement failed to challenge disgorgement and punitive damages as awarded at trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-2993, Categories: Civil Procedure, Settlements, Trademark
Per curiam, the circuit finds that the district court properly dismissed public school teachers' challenge to Connecticut's executive order requiring teachers to get vaccinated or undergo weekly Covid-19 testing. Gov. Edward Lamont was entitled to qualified immunity because the vaccine mandate that had been imposed in the face of a public health emergency did not violate a clearly established right held by the teachers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 23-656, Categories: Employment, Immunity, Covid-19
Per curiam, the circuit finds that the district court properly dismissed race discrimination and retaliation claims brought after a Black police officer did not receive appointment to the city's coveted all-white gang task force. The officer contended a memo sent to discredit his candidacy invoked racist stereotypes by citing social media posts depicting him listening to rap music in uniform and using vulgar language, but the criticism concerned him personally and had not been generally ethnically degrading. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-2819, Categories: Employment Discrimination
J. Kearse finds that the district court properly dismissed negligent misrepresentation and warranty claims brought against two art dealers concerning a Mark Rothko forgery because the claims accrued before or on the date of purchase. Thus, the claims were untimely since New York law does not offer extensions for reasonably discoverable claims. However, the buyer's fraud claims were not time-barred, and thus his request to amend was improperly deemed futile. Affirmed in part.
Court: 2nd Circuit, Judge: Kearse, Filed On: December 21, 2023, Case #: 21-2221, Categories: Civil Procedure, Fraud, Warranty
Per curiam, the circuit finds that the district court properly ordered $5.2 million in restitution after defendant pleaded guilty to conspiring to engage in securities fraud to meet employer commission targets. Defendant contends restitution should have been apportioned with his coconspirator in the unauthorized customer trade scheme, but the court did not abuse its discretion in finding both men equally responsible. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-1547, Categories: Fraud, Restitution, Securities
Per curiam, the circuit finds that the district court improperly lifted a stay of litigation pending arbitration in class wage claims brought against a Manhattan strip club because arbitration had not occurred to affect the stay since the employer refused to pay the high filing fee, citing that the license agreement between the club and its entertainers provided equal sharing of arbitration costs.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-2959, Categories: Arbitration, Employment
J. Livingston finds that the district court properly dismissed civil rights claims in which plaintiff, a transgender woman who had been sentenced for crimes committed as a man, contends she had been sexually assaulted by a Connecticut prison guard. Plaintiff sought equitable tolling due to the trauma of the assaults and her then-undisclosed gender dysphoria, but her testimony was found to constitute "rationalizations" designed to buttress tolling. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: December 20, 2023, Case #: 22-302, Categories: Civil Procedure, Lgbtq, Prisoners' Rights
Per curiam, the circuit finds that the district court properly held that $12.8 million that a bank transferred to a Bernie Madoff customer following the collapse of his Ponzi scheme constituted debtor property that should be returned for liquidation in bankruptcy. Documentary evidence indicates that, while Madoff restructured his business from a sole proprietorship to an LLC, business assets including bank accounts moved with the change in ownership to remain in the debtor's estate. Affirmed.b
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 19, 2023, Case #: 22-3006, Categories: Bankruptcy, Banking / Lending
J. Nathan finds that the district court improperly dismissed Title IX claims student athletes brought after high schools and the state athletic association permitted transgender girls to compete in women's track and field. The students had standing since they adequately pleaded harm concerning the denial of equal opportunity, which may be addressed through monetary and injunctive relief. On remand, the district court must consider whether allowing transgender girls to compete in girls' sports even violates Title IX.
Court: 2nd Circuit, Judge: Nathan, Filed On: December 15, 2023, Case #: 21-1365, Categories: Civil Rights, Education
[Consolidated.] Per curiam, the circuit finds that the district court properly declined to certify the class and denied a preliminary injunction in an attorney's claims concerning lasting historical harm from the transatlantic slave trade by the British monarchy and U.K. government. The interests of the class would not be "fairly and adequately" represented because the attorney proposed that she act both as class counsel and lead plaintiff. Meanwhile, the attorney, who sought $3 billion put in escrow pending the outcome, lacked standing to pursue injunctive relief since she failed to demonstrate a real or immediate threat of injury. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-500-cv (L), Categories: Tort, Class Action, Injunction
J. Carney finds that the district court properly found for an electricity provider in class claims alleging deceptive business practices. Lead plaintiff's estate alleged the competitive rates that had been promised were actually higher than that charged by the local incumbent utility, but the consumer received what had been offered under the plain terms of the contract. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 13, 2023, Case #: 22-1026, Categories: Energy, Class Action, Contract
Per curiam, the circuit finds that the district court properly denied compassionate release as sought by defendant, a lawyer and former mayor of Waterbury, Connecticut, after he was convicted of repeatedly sexually assaulting two young girls. Defendant cited his age and health, along with the 37-year sentence, as "extraordinary circumstances" meriting release, but he used the perceived power of public office to make the abuse possible, causing his victims lasting harm. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 13, 2023, Case #: 22-2008-cr, Categories: Sentencing, Sex Offender
[Consolidated.] J. Cabranes finds that the district court properly held that Donald Trump waived presidential immunity by failing to raise such as an affirmative defense in answering E. Jean Carroll's defamation complaint stemming from an alleged sexual assault. Meanwhile, the court properly denied his request to amend the answer and properly struck the defense from his answer to her amended complaint. Additionally, the appeal from the finding of per se defamation concerning statements Trump made after Carroll alleged he raped her in a department store dressing room in the 1990s must be dismissed for lack of jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 13, 2023, Case #: 23-1045-cv (L), Categories: Civil Procedure, Immunity, Defamation
Per curiam, the circuit finds that the district court properly held that a general liability insurer could not sue a contractor for indemnification on behalf of an excess coverage provider after a worker was hurt on a large construction project at LaGuardia Airport. New York's anti-subrogation rule provides that insurers have no right to recover against their own insured for claims arising from the covered risk. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 12, 2023, Case #: 22-2697-cv, Categories: Insurance, Indemnification
Per curiam, the circuit finds that the district court properly dismissed class false advertising claims concerning dietary supplements labeled as "fish oil" because claims contending that a certain step during processing turned the fish oil into another substance were preempted by federal food and drug law barring states from establishing unique labeling requirements. Meanwhile, the labels did not materially mislead reasonable consumers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-710-cv, Categories: Preemption, False Advertising
[Consolidated.] J. Bianco finds that the district court improperly ordered the destruction of financial records obtained by federal labor agents and used in prosecuting a fraudulent life insurance scheme that caused over $50 million in losses. The criminal case had been resolved, but records may be required to defend against anticipated collateral attacks on that conviction and to preserve evidence should retrial occur.
Court: 2nd Circuit, Judge: Bianco, Filed On: December 11, 2023, Case #: 22-1057, Categories: Fraud, Insurance, Discovery