6 results for 'judge:"Bianco"'.
J. Bianco finds that the district court improperly set a special parole condition following defendant's conviction on his guilty plea to possessing cocaine with intent to distribute and possessing a firearm in furtherance of drug trafficking. While a defendant can be subjected to random searches by probation officers, the need for such a condition must be sufficiently explained. On remand, rationale for the condition is needed, along with assurances that its imposition involved no greater deprivation of liberty than necessary. Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: March 15, 2024, Case #: 21-2954, Categories: Drug Offender, Parole
[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
J. Bianco finds that the district court improperly denied class certification for a class of children in New York City's foster care system alleging “systemic deficiencies” in the administration. The children argue the commonality and typicality requirements under the federal rule of civil procedure should be reconsidered. "The district court, having erroneously found other legal defects in the allegations, did not address the particular evidence relating to each of the proposed common practices." Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: September 19, 2023, Case #: 22-7, Categories: Civil Rights, Due Process, Class Action
J. Bianco finds that the district court properly awarded damages to a widow who brought federal tort claims for malpractice concerning a VA hospital's delayed diagnosis of her husband's lung cancer. The $975,000 award met the state standard for "reasonable" compensation, and sums assessed for pain and suffering did not deviate significantly from awards in comparable cases. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 24, 2023, Case #: 21-548-cv, Categories: Damages, Medical Malpractice
J. Bianco finds that the district court improperly found for the county in discrimination claims in which a clerk-typist sought reasonable accommodations following a car accident, as well as claims contending she faced retaliation after seeking relief from certain duties. The task of moving boxes of files containing closed criminal cases in order to archive information in a database did not constitute an essential job duty, and thus having someone else do the work on a temporary basis constituted a reasonable accommodation. Meanwhile, fact issues remained in dispute on her retaliation claim.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 18, 2023, Case #: 21-2327-cv, Categories: Employment Discrimination, Employment Retaliation
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[Consolidated.] J. Bianco finds that the district court properly held that New York law that allows claims concerning past child sexual abuse to be brought for a limited time does not apply to federal civil rights and Title IX actions. The child victims act did not revive abuse claims under federal statutes because settled law holds that New York's personal injury limitation of three years applies. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 17, 2023, Case #: 21-2995-cv, Categories: Civil Procedure, Civil Rights