388 results for 'court:"2nd Circuit"'.
[Consolidated.] Per curiam, the circuit finds that the district court properly ruled for the operators of a federally funded independent living facility for low-income families with disabilities in discrimination and retaliation claims brought after plaintiff was evicted. Plaintiff failed to demonstrate she had been evicted for trying to clear up a lease violation by allowing the father of one of her sons to be certified as her live-in aide, as the proceedings originated when he first moved in. Meanwhile, disability discrimination was not evident, as plaintiff refused to sign when the operators attempted to accommodate plaintiff's need for an aide with a stipulation that he be certified. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-689-cv (L), Categories: Ada / Rehabilitation Act, Landlord Tenant
J. Perez finds that the food and drug administration properly denied a premarket application filed by a company that distributes e-cigarette products, including flavored aerosolized liquid "pods" favored by young people. The agency did not exceed its authority by requiring evidence that new flavored products would be more effective than standard tobacco pods at promoting public health goals of smoking cessation or switching from combustible cigarettes. Affirmed.
Court: 2nd Circuit, Judge: Perez, Filed On: June 16, 2023, Case #: 21-2426, Categories: Consumer Law, Agency
Per curiam, the circuit finds that the district court improperly dismissed breach of contract claims brought after cash went missing when plaintiff's safe deposit box was drilled open without permission because lease provisions would have protected forced entry, and the subsequent discovery of lost cash plausibly established negligent conduct.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-1088, Categories: Negligence, Contract
J. Chin finds that the board of immigration appeals properly declined to halt deportation proceedings based on plaintiff's allegations that he had been subjected to illegal arrest and interrogation. Plaintiff contends immigration agents failed to identify themselves, used excessive force in arresting him in a convenience store, and denied his request for counsel, but their actions were not so egregious that termination of removal was required.
Court: 2nd Circuit, Judge: Chin, Filed On: June 15, 2023, Case #: 20-3079, Categories: Civil Rights, Immigration
Per curiam, the circuit finds that the district court properly sentenced defendant based on his guilty plea to attempting to provide material support to a terrorist organization when he tried to enter Syria to join a cousin, an ISIS leader, on two occasions. His 200-month sentence was not procedurally or substantively unreasonable since the guidelines range went above the statutory maximum of 240 months, which, in turn, was slightly reduced. Meanwhile, the end result was not "shockingly" high. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 12, 2023, Case #: 21-2993, Categories: Sentencing, Terrorism
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J. Raggi finds that defendant was improperly convicted of participating in armed robberies at two stores selling wireless products and services. Remand is necessary to determine whether the challenged evidence was admissible because admitted misstatements in affidavits were material to probable cause determinations made by the issuing magistrate judges. Meanwhile, jury instructions on brandishing a weapon that equated a gun to a firearm were incorrect and were not harmless as a matter of law.
Court: 2nd Circuit, Judge: Raggi, Filed On: June 9, 2023, Case #: 21-2598, Categories: Firearms, Robbery, Perjury
Per curiam, the circuit finds that the district court improperly dismissed personal injury claims brought after a professional golfer fell when his foot got caught in a pothole adjacent to a utility gas cap in a Manhattan crosswalk. Because the golfer and his wife settled with the utility, judicial estoppel did not apply to subsequent claims brought against the city for poor street maintenance.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-709, Categories: Civil Procedure, Negligence
J. Wesley finds that the district court properly convicted defendant based on his conditional guilty plea to possessing drugs with intent to distribute. Defendant contends a hearing should have been held on the validity of the warrant to search his residence since the warrant relied on a police affidavit containing knowingly false statements, but he offered little proof that police deliberately disregarded the truth. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: June 8, 2023, Case #: 21-708-cr, Categories: Drug Offender, Search
Per curiam, the circuit finds that the district court properly dismissed employment discrimination and defamation claims brought after plaintiff was fired based on a video that went viral for its racial overtones. After a Central Park birdwatcher criticized plaintiff for walking her dog without a leash, she warned him that she would tell police an "African-American man was threatening [her] life"; indeed, her 911 call making this false claim was captured on video. Plaintiff contends she had been "characterized as a privileged white female...caught on video verbally abusing an African American male with no possible reason other than the color of his skin," but her employer had not mentioned plaintiff's race in a public statement addressing her termination. Meanwhile, claims contending her employer considered her a racist were not actionable since such constituted opinion. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 22-2763-cv, Categories: Defamation, Employment Retaliation
Per curiam, the circuit finds that the district court properly convicted defendant of securities fraud in a scheme to defraud an entity of the Oglala Sioux Tribe out of $60 million in proceeds from bond offerings. Defendant sought to sever charges on grounds that being jointly tried subjected him to "spillover prejudice" due to codefendant's prior conviction for financial fraud, but the jury was instructed to ignore that conviction and consider the defendants individually. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 7, 2023, Case #: 22-539, Categories: Fraud, Jury, Securities
Per curiam, the circuit finds that the district court properly found for a dog food company in deceptive trade practices claims contending plaintiff would not have paid top dollar for kibble if she had known it contained heavy metals. Fraud-by-omission had not occurred since metals are known to be prevalent in a wide variety of food products. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-962-cv, Categories: Consumer Law, Business Practices
Per curiam, the circuit finds that the district court properly denied a writ of error coram nobis after defendant pleaded guilty to embezzling more than $3 million from a federal grants program. Forfeiture and restitution were part of the plea deal, and the latter was appropriate because the administering agency for the program had been a "victim" of fraud concerning the use of money intended to reimburse child care operators for meals. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-0378, Categories: Restitution, Embezzlement
Per curiam, the circuit finds that the district court properly declared a mistrial and denied defendant's claim that retrial for armed bank robbery would constitute double jeopardy. The FBI's failure to turn over certain evidence was negligent but had not been intended to provoke mistrial to avoid acquittal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 23-6019-cr, Categories: Prosecutorial Misconduct, Double Jeopardy
Per curiam, the circuit finds that the board of immigration appeals improperly denied plaintiff deferral of deportation based on claims that he faced likely torture in his home country of Jamaica. Plaintiff credibly testified that gang members in Jamaica would come after him for providing assistance to U.S. police, and he did not have to name a specific government official who would be complicit in his torture.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 22-6338, Categories: Immigration
Per curiam, the circuit finds that the district court properly convicted defendant, the local president of the carpenters union, of conspiring with another union chief to take bribes from unqualified workers to pad his membership roll. Sufficient evidence of conversion existed since the membership cards were put to use for the benefit of the president over the union, and the trial was properly postponed a second time to allow prime counsel to recover from a home accident, since second counsel had been put on notice to prepare for trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 21-2223, Categories: Criminal Procedure, Evidence, Conspiracy
Per curiam, the circuit finds that the district court properly convicted defendant of receiving, distributing, and possessing child pornography. Defendant contends that only states may criminalize his conduct, but precedent holds that under the commerce clause, Congress may criminalize possession of child pornography. Meanwhile, the 13-year, below-guidelines sentence was substantively reasonable. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 22-763, Categories: Constitution, Sentencing, Child Pornography
Per curiam, the circuit finds that the district court improperly sentenced defendant for using a firearm in a crime of violence because precedent now holds that attempted Hobbs Act robbery is not a "crime of violence." Although remand for de novo resentencing on all counts is necessary, defendant's conviction on two counts of completed Hobbs Act robbery will not be affected, as precedent did not alter the standing of such as a crime of violence. Vacated in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 31, 2023, Case #: 18-2651, Categories: Robbery, Sentencing
[Consolidated.] J. Lee finds that the district court improperly held that the bankruptcy court could not include the release of creditor lawsuits against the non-debtor Sackler family in Purdue Pharma's Chapter 11 reorganization plan. The bankruptcy code permits the founding family to contribute billions of dollars toward bankruptcy in exchange for ending all civil claims concerning the opioid epidemic tied to prescription OxyContin developed by Purdue. Reversed in part.
Court: 2nd Circuit, Judge: Lee, Filed On: May 30, 2023, Case #: 22-110-bk (L), Categories: Administrative Law, Bankruptcy, Fraud
[Consolidated.] Per curiam, the circuit finds that the district court improperly dismissed a school district employee's discrimination, hostile work environment, and retaliation claims. The employee established that because she filed internal complaints before pursuing claims with state and federal agencies, the district took adverse employment actions within months. However, the employee was properly denied recusal based on bias concerning adverse rulings and comments about her frequent litigation.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 30, 2023, Case #: 21-2683 (L), Categories: Employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that the district court properly reopened an involuntary Chapter 11 action to pay attorney fees for post-confirmation services because billing was closely reviewed and adjusted. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 26, 2023, Case #: 22-851, Categories: Bankruptcy, Attorney Fees
J. Wesley finds that the district court improperly calculated compensatory damages at $284.8 million for trade secrets violations allegedly committed by a subcontractor after its servicing agreement soured with a party that licenses administrative software for health care insurance companies. The sum purportedly represented the subcontractor's avoided costs in research and development to compete for clients, but such far outweighed actual profits lost following misappropriation. The parties' amended servicing agreement did not alter the subcontractor's confidentiality obligations.
Court: 2nd Circuit, Judge: Wesley, Filed On: May 25, 2023, Case #: 21-1370, Categories: Trade Secrets, Damages
Per curiam, the circuit finds that the district court properly convicted defendant of four counts of hostage-taking, one of which resulted in death. Seeking compassionate release on his life sentence, defendant contends the court paid insufficient attention to how young he had been when he committed the crimes, but his involvement in a violent criminal gang that kidnapped, tortured, mutilated, and raped its victims constituted "heinous crimes" that could not be overlooked. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 23, 2023, Case #: 21-2595, Categories: Sentencing, Gangs
J. Lynch finds that the district court properly imposed special internet use conditions in lifetime parole because defendant, a sex offender, consistently violated supervised release. A "sensible reading" indicated these conditions were very similar to those imposed in the past following other violations and thus were not procedurally or substantively unreasonable. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 21-2577-cr, Categories: Parole, Sentencing, Sex Offender
J. Lynch finds that the district court properly held that an insurer's settlement liability in prior claims concerning soil and water pollution by Dole Food's predecessor was covered by Dole's own reinsurance policy. Under governing English law, the reinsurer's obligation matched that of the insured rather than merely a portion of liability. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 20-3559-cv, Categories: Insurance, Damages
J. Lee finds that the district court improperly dismissed due process claims in a civil action brought against police following acquittal on a criminal drug-sale charge because plaintiff's arrest, prosecution, and conviction for drug possession simultaneous to drug-sale proceedings did not preclude plaintiff from arguing that fabricated evidence on the sale count led to illegal custody.
Court: 2nd Circuit, Judge: Lee, Filed On: May 22, 2023, Case #: 21-33, Categories: Civil Rights
Per curiam, the circuit finds that the district court properly dismissed class deceptive trade practices claims brought against a tortilla producer. Images used in the packaging may be associated with Mexico, but packaging contained the statement "Made in the U.S.A." and listed Georgia as the site of manufacture. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 22, 2023, Case #: 22-1805, Categories: Consumer Law, Class Action
Per curiam, the circuit finds that the district court properly dismissed race- and malice-based equal protection claims brought by an Asian contractor working in New York City. The driller and excavator cited fines he received as evidence of selective treatment but failed to point to a non-minority firm to serve as a similarly situated comparator. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 19, 2023, Case #: 22-183, Categories: Construction, Equal Protection
J. Lynch finds that the district court properly dismissed eight models' claims contending their likenesses were used without authorization to promote a "gentlemen's club" on social media because precedent holds that recognizability is key under trademark law to establish consumer confusion by false endorsement. Meanwhile, state law claims were untimely. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 19, 2023, Case #: 21-2149-cv, Categories: Trademark, False Advertising