388 results for 'court:"2nd Circuit"'.
J. Subramanian finds that the district court improperly dismissed class claims contending Mexican branches of multinational banks engaged in price-fixing on government bonds sold to U.S. retirement funds because while actual pricing occurred in Mexico, nonparty broker-dealers facilitated sales from New York.
Court: 2nd Circuit, Judge: Subramanian, Filed On: February 9, 2024, Case #: 22-2039-cv, Categories: Antitrust, Securities, Jurisdiction
Per curiam, the circuit finds that the district court improperly dismissed civil rights claims by an inmate who objected to being exposed to secondhand smoke at a county jail. The inmate named jail personnel who allegedly acted with deliberate indifference to tobacco and K2 synthetic cannabinoid smoke, which was acknowledged as present and difficult to curb. Meanwhile, the inmate should be allowed to amend certain claims against supervisory personnel.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 7, 2024, Case #: 22-190-pr, Categories: Prisoners' Rights
J. Kearse finds that the district court improperly dismissed certain claims contending a doctor had been terminated for pretextual reasons upon the closing of a hospital infertility program. "Rational juror" principles were not applied to assess whether a connection might be inferred between termination and the doctor's recovery from a neurological impairment, or the red flags she raised on patient-care and billing errors by two colleagues.
Court: 2nd Circuit, Judge: Kearse, Filed On: February 6, 2024, Case #: 20-3894, Categories: Employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that the district court properly dismissed class due process claims when the New York City Fire Department instituted a Covid-19 vaccination mandate and suspended or fired employees not in compliance. A federal due process violation would not have occurred even if state collective bargaining procedures were not followed in making vaccination a new work condition because plaintiffs received adequate notice of the change and an opportunity to seek accommodation. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-663, Categories: Employment, Due Process, Covid-19
Per curiam, the circuit finds that the district court improperly dismissed religious discrimination claims in which a state prison guard sought to wear a hijab at work as a practicing Muslim. The guard received approval with conditions, forcing her to convince a male supervisor that the head covering would tear away should an inmate attempt to choke her. Since her religion requires her to wear hijabs in the presence of non-family males, the guard asked to deal with a female supervisor when she was ordered to remove the hijab, and the denial of this request supported a plausible inference of discrimination. However, retaliation claims were properly dismissed since the incident did not occur in close approximation to an adverse employment action.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 22-2010-cv, Categories: Employment Discrimination, Employment Retaliation
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J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: Probation, Sentencing, Plea
Per curiam, the circuit finds that the district court properly convicted defendant of wire fraud in a scheme to induce investors to back a group developing cryptocurrency because evidence indicated defendant knowingly made false or misleading statements as to its affiliation with the United Nations to secure the investments, and some victims testified that the alleged link was key to the decision to invest. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 22-2100-cr, Categories: Fraud, Intent, Securities
J. Robinson finds that the district court improperly dismissed recovery claims brought by a trust established to continue environmental remediation at former General Motors plants after the automaker went into bankruptcy in 2009. A consent decree governing contaminant cleanup in a creek near GM's Syracuse plant did not foreclose attempts at recovery from dozens of other companies for possible contributory damage in the wider watershed, as the agreement did not address trust liability there. Meanwhile, the request seeking reassignment to a different judge on remand should be rejected.
Court: 2nd Circuit, Judge: Robinson, Filed On: February 5, 2024, Case #: 22-1589-cv, Categories: Environment, Damages
J. Jacobs finds that the district court properly dismissed claims in which public and union pension funds contend major participants in the multi-trillion-dollar market for U.S. Treasuries conspired to rig auctions for debt securities. Plaintiffs failed to demonstrate banks formed anticompetitive agreements since purportedly sharing proprietary information constituted "inconsequential market chatter," and evidence did not demonstrate a coherent scheme to threaten new secondary-market platforms for securities. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: February 1, 2024, Case #: 22-943, Categories: Antitrust, Securities
J. Wesley finds that the district court properly dismissed claims in which two investment firms contend the issuer of debt securities tried to change payment terms to get them to sell back their stake at a discount. The Trust Indenture Act did not apply because the stake was held via a private placement containing a "no action" clause. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: January 31, 2024, Case #: 23-154, Categories: Securities
J. Kearse finds that the district court improperly dismissed malicious prosecution claims brought after plaintiff was arrested for violating a noise ordinance by shouting at a police car driving down a dark city street without its headlights on. Questions of fact remain unresolved as to whether the arrest was supported by probable cause and whether plaintiff's shouting fell under first amendment protections even had he been aware he was shouting at police.
Court: 2nd Circuit, Judge: Kearse, Filed On: January 31, 2024, Case #: 21-1036, Categories: Civil Rights, Malicious Prosecution
J. Sack finds that the district court properly dismissed a college student's claims contending internal disciplinary proceedings into sexual assault allegations contained an anti-male bias because evidence did not indicate the university discriminated against the student by making erroneous disciplinary findings based solely on his gender, or by more vigorously investigating co-eds' assault claims while ignoring his own complaint that he had been defamed in one of the co-eds' anonymous tweets. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: January 31, 2024, Case #: 21-1125, Categories: Civil Rights, Education
J. Lee finds that a decision on motions pending in defendant's appeal from his guilty plea to conspiring to distribute cocaine internationally must be deferred because counsel sought to be relieved from the case and the prosecution requested dismissal based on a negotiated appeal waiver. Counsel failed to address whether forfeiture, special assessments, and supervised release components of defendant's sentence were included in the waiver.
Court: 2nd Circuit, Judge: Lee, Filed On: January 30, 2024, Case #: 22-320-cr, Categories: Criminal Procedure, Drug Offender, Plea
Per curiam, the circuit finds that the district court properly dismissed medical malpractice claims alleging injury from an unsuccessful abortion because the court did not abuse its discretion by dismissing sanctions for "persistent and knowing" failure to comply with multiple court orders on discovery. Separately, the circuit referred plaintiff's counsel to the grievance panel for further investigation of her use of artificial intelligence to generate a nonexistent case citation in a reply brief, which fell below professional conduct standards. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-2057, Categories: Sanctions, Medical Malpractice, Attorney Discipline
J. Raggi finds that the district court properly resentenced defendant on remand following vacation of the death sentence he received for the "brutal" murders of three people. Because the death penalty was not subsequently pursued, the "mandate rule" required a total sentence of life imprisonment due to defendant's conviction of murder in aid of racketeering and of murder in connection with conspiracy to traffic crack cocaine. Meanwhile, double jeopardy claims lacked merit as concerning sentences imposed for drug-related murder and drug conspiracy. Affirmed.
Court: 2nd Circuit, Judge: Raggi, Filed On: January 29, 2024, Case #: 21-2763, Categories: Drug Offender, Murder, Sentencing
Per curiam, the circuit finds that the district court properly denied attorney fees and costs to plaintiff, who substantially prevailed in claims seeking FBI records in which he had been named. The court did not abuse its discretion in applying precedent because public benefit would be negligible since the information was rooted in a private interest. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-137-cv, Categories: Public Record, Attorney Fees
[Consolidated.] J. Nardini finds that the district court properly dismissed class claims contending hospitals paid kickbacks to vendors concerning fees charged to patients seeking copies of medical records. No right of private action exists for unjust enrichment under public health law that requires per-page charges, and the same applies to allegations that the fee structure was deceptive under New York general business law. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: January 29, 2024, Case #: 22-2928, Categories: Health Care, Business Practices, Class Action
J. Lohier finds that the district court properly dismissed class claims alleging motorists were hit with excessive fines for failing to make payments following implementation of "cashless tolling" at New York City bridges and tunnels because the reduced fines were not unconstitutional as "grossly disproportional" to the offense and did not unjustly enrich the public authority. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: January 26, 2024, Case #: 22-751-cv, Categories: Constitution, Vehicle, Class Action
Per curiam, the circuit finds that the district court properly sentenced defendant to life plus 20 years and a $500 special assessment for racketeering and murder in aid of racketeering. Defendant argued the plain meaning of the criminal statute permitted a fine instead of life imprisonment on the latter count, but precedent dictates a mandatory minimum life sentence, as lawmakers would not likely intend to impose a fine without prison time. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 25, 2024, Case #: 21-2487-cr, Categories: Murder, Sentencing, Racketeering
Per curiam, the circuit finds that the district court properly imposed a lifetime bar to "Pharma Bro" Martin Shkreli's involvement in the pharmaceutical industry following entry of a civil finding that he fixed prices on a popular HIV treatment. The permanent injunction was within the range of possible outcomes for the "egregious, deliberate ... and ultimately dangerous" scheme that sent the drug price skyrocketing from $17.50 to $750 per tablet, at a time when generic competition was also blocked. Furthermore, the court properly declined to consider Shkreli's state law challenge to joint and several disgorgement because he raised the issue for the first time on appeal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 23, 2024, Case #: 22-728, Categories: Antitrust, Injunction
[Consolidated.] J. Robinson finds that the district court properly held that a truck driver injured in a car collision in New York could not recover underinsured motorist damages when his employer's insurer failed to provide coverage. New York law requires insurers to offer supplemental coverage to in-state insureds, but statute does not support plaintiff's effort to reform the contract to include such. Meanwhile, questions must be certified to the Indiana Supreme Court concerning coverage laws in that state, where the truck was registered. Affirmed in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: January 23, 2024, Case #: 22-863(L), Categories: Insurance, Vehicle, Jurisdiction
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter challenges the termination of his pension after he was internally convicted of working for a non-union company because he failed to exhaust administrative remedies under ERISA, and the record belied his contention that he had not received a full and fair hearing under the Labor-Management Reporting and Disclosure Act. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-815, Categories: Erisa, Social Security, Labor / Unions
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter contends his pension should not have been terminated after he was internally convicted of working for a non-union company because he failed to exhaust union hearing procedures under the Labor-Management Reporting and Disclosure Act, and ERISA claims were time-barred. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-247, Categories: Social Security, Labor / Unions
J. Perez finds that the district court improperly denied a preliminary injunction to block arbitration as sought by a former chairman and CEO of a technology-investment holding company. He contends a release agreement proffered for his stock breached a prior stock purchase agreement by outside investors, but the company had a good chance of succeeding on its argument that the release superseded the purchase agreement and that irreparable harm would occur if arbitration was forced on the claim. On remand, the scope of the release agreement should be evaluated to determine which claims are arbitrable in order to rule on the preliminary injunction.
Court: 2nd Circuit, Judge: Perez, Filed On: January 22, 2024, Case #: 23-286, Categories: Arbitration, Injunction
Per curiam, the circuit finds that the district court improperly dismissed class claims alleging elevated levels of toxic metals in Beech-Nut baby food. Deferential "primary jurisdiction" to the U.S. Food and Drug Administration was unwarranted, as the agency postponed plans to soon release an initiative setting levels on lead and goals for other metals, delaying the case indefinitely. Vacated.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 18, 2024, Case #: 23-220-cv, Categories: Administrative Law, Product Liability
Per curiam, the circuit finds that the district court properly found for holders of a 60-year-old agreement that sold rights to lyrics for the Broadway musical "Funny Girl." The assignment from lyricist to producer was a royalties agreement and the Copyright Act contains no provisions to terminate such an agreement. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 18, 2024, Case #: 22-2971-cv, Categories: Copyright, Contract
Per curiam, the circuit finds that the district court properly dismissed constitutional claims against police chiefs in three Connecticut cities for alleged delays in processing firearms permits. Regardless of whether the organization had associational standing to sue on behalf of its members, the matter became moot when the permits were granted. Furthermore, the police chiefs were due qualified immunity. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 17, 2024, Case #: 23-724-cv, Categories: Immunity, Jurisdiction, Firearms
[Consolidated.] J. Park finds that the district court improperly modified a preliminary injunction in an ongoing dispute between designer and social influencer Hayley Paige Gutman and her former employer, dressmaker JLM Couture. The injunction awarded JLM sole control of disputed accounts on Instagram and Pinterest without weighing whether Gutman's ownership as creator was altered by her employment contract. On remand, the district court must determine whether the parties' noncompete agreement was too restrictive. Vacated in part.
Court: 2nd Circuit, Judge: Park, Filed On: January 17, 2024, Case #: 21-2535(L), Categories: Employment, Contract, Injunction
Per curiam, the circuit finds that the district court properly dismissed due process claims stemming from a court security officer's removal from the U.S. Marshals program and his termination. The security officer admitted he directed another officer to take his brother, a convicted felon with past mental health issues, to do repairs at a judge's house and left him there with the judge, but he contends he had neither been provided the evidence against him nor permitted to explain that his brother had performed past work for the judge, who requested his services a second time. However, the officer's own admission and letters outlining the objectionable conduct provided sufficient notice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-778-cv, Categories: Employment, Due Process
Per curiam, the circuit finds that the district court properly dismissed discrimination claims in which a probationary employee of Newark Airport contends she was terminated based on her race and sex because the employee had been fired for driving a vehicle onto an active runway, causing a plane to abort landing procedures, and for failing to self-report her incursion. She failed to demonstrate an unjust result would occur should the verdict be allowed to stand and failed to timely seek judgment as a matter of law. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 22-1263-cv, Categories: Employment Discrimination