10 results for 'judge:"Nathan"'.
J. Nathan finds that the district court improperly granted injunctive relief to internet providers opposed to a new law that requires reduced broadband costs for qualifying New York households. The companies' federal preemption defenses cited the 1996 telecommunications act and a 2018 regulatory order classifying broadband as an information service, but neither of which were meant to exclude states from rate regulation. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: April 26, 2024, Case #: 21-1975-cv, Categories: Preemption, Consumer Law
J. Nathan finds that the district court improperly dismissed extraterritorial class claims brought against international crypto exchange Binance for the sale of allegedly unregistered securities called "tokens." The transactions were domestic since the buyers made irrevocable purchases from their home states on servers operated by the exchange in the U.S., and the claims were not untimely because they did not accrue until after the purchases were made. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: March 8, 2024, Case #: 22-972, Categories: Civil Procedure, Securities, Class Action
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
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
J. Nathan finds that the board of immigration appeals improperly denied asylum, withholding of removal, and protection against torture. An immigration judge took issue with the fact that statements made during a border interview were inconsistent with subsequent testimony concerning fear of persecution, but precedent holds that credibility assessments should not rely heavily on border interviews, which occur soon after arrival and often in trying circumstances.
Court: 2nd Circuit, Judge: Nathan, Filed On: August 30, 2023, Case #: 20-3230, Categories: Immigration
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J. Nathan finds that the district court properly held that a business decision to sell profitable parts before filing Chapter 7 bankruptcy constituted self-dealing and fraudulent transfer. The director who hatched the plan, which collapsed on its own shortly after being implemented, breached fiduciary duties by failing to seriously consider third-party offers, which illustrated her fraudulent intent. Meanwhile, the damages assessment totaling $39.2 million was rooted in future earnings of profitable assets. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: August 28, 2023, Case #: 21-2547; 21-2576, Categories: Bankruptcy, Fraud, Fiduciary Duty
J. Nathan finds that the district court improperly found for federal agencies and officials and dismissed as untimely a woman's claims of sexual and psychological abuse by an immigration officer to avoid deportation. Her request for equitable tolling should have been granted, as the years of alleged rape and mistreatment as his "slave," which produced three terminated pregnancies and attempts at suicide and culminated in a threat of death if revealed, amounted to extraordinary circumstances that delayed the complaint. Vacated.
Court: 2nd Circuit, Judge: Nathan, Filed On: August 1, 2023, Case #: 22-843-cv, Categories: Immigration, Tort
J. Nathan finds that the district court properly dismissed free speech and equal protection claims smaller theater venues brought after being required to screen audiences for Covid-19 vaccinations during the height of the pandemic. Theaters alleged sufficient economic harm to meet injury-in-fact requirements for standing, but constitutional claims could not overcome the stated public health goal of tamping down the then-highly transmissible Delta variant. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 20, 2023, Case #: 22-2599, Categories: Constitution, Covid-19
J. Nathan finds that the district court properly dismissed third-party claims in which UPS seeks indemnification after pallets of vitamins transported by a Taiwanese airline were allegedly damaged en route from Chicago to South Korea. Personal jurisdiction was lacking under either New York's long-arm statute or the Montreal Convention, the former because in-state injury had not been demonstrated and the latter because air transport was the crux of subject-matter jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 19, 2023, Case #: 21-2867, Categories: Tort, Jurisdiction, Indemnification