12 results for 'judge:"Chin"'.
J. Chin finds that the district court properly dismissed class telemarketing claims concerning promotional text messages offering free bags of chips with sandwiches because the text-blasting service relied on a preexisting list of numbers submitted by consumers instead of generating numbers, and thus did not meet the definition of an automated dialing system. Meanwhile, the texts did not use artificial or prerecorded voices as prohibited by telemarketing law. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 10, 2024, Case #: 22-1726-cv, Categories: Communications, Consumer Law, Class Action
J. Chin finds that the district court improperly denied a pro se inmate's request to proceed in forma pauperis in civil rights claims on grounds that he already claimed indigence too many times in actions dismissed as frivolous. Inmates are allowed three "strikes" before being forced to post upfront filing fees, rather than having fees deducted from prison accounts over time, but the cases at issue should not have counted toward the inmate's total.
Court: 2nd Circuit, Judge: Chin, Filed On: March 14, 2024, Case #: 20-1644-pr, Categories: Criminal Procedure, Prisoners' Rights
J. Chin finds that the district court improperly dismissed claims brought under the Federal Employers' Liability Act concerning an injury after initially declining to find for the transit agency. Two years after the initial decision, and just days before a bench trial, the court reconsidered and granted summary judgment without providing the parties notice or allowing the employee to oppose the finding.
Court: 2nd Circuit, Judge: Chin, Filed On: February 27, 2024, Case #: 22-1921-cv, Categories: Civil Procedure, Employment, Tort
[Consolidated.] J. Chin finds that the district court properly dismissed certain fraudulent conveyance and fiduciary claims stemming from the leveraged buyout of an apparel and footwear company and its successor's subsequent filing for bankruptcy protection. Safe harbor rules applied due to the financial institution's involvement in making payouts to pre-merger public shareholders, thereby limiting the Chapter 11 trustee's ability to claw back the money. However, payments made to former directors, officers, and employees through payroll means should have been shielded from recoupment as well.
Court: 2nd Circuit, Judge: Chin, Filed On: November 27, 2023, Case #: 20-3257-cv (L), Categories: Bankruptcy, Fiduciary Duty
J. Chin finds that the district court should have compelled arbitration in class consumer claims brought after payments made on a "buy now, pay later" service were deducted from an insufficient bank account, incurring overdraft fees. Upon making the online purchase, plaintiff clicked through several screens, including a proprietary "widget" that provided conspicuous notice of the arbitration provisions, and she consented to those terms by continuing to click through the agreement. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: November 3, 2023, Case #: 22-557-cv, Categories: Arbitration, Class Action, Contract
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J. Chin finds the district court erred in granting the misdemeanor arrestee's claims stemming from his strip search and delay of release. One officer "was a party to harassment and demeaning conduct culminating in the search -- conduct that he, and other reasonable officers, should have known had no legitimate penological purpose and was therefore unconstitutional." Vacated in part.
Court: 2nd Circuit, Judge: Chin, Filed On: September 21, 2023, Case #: 21-2998, Categories: Civil Rights, Police Misconduct, Prisoners' Rights
J. Chin finds that the district court improperly found for GM in a safety supervisor's claims that she encountered a hostile work environment and race and sex discrimination, and also suffered retaliation, at an automotive-parts factory. The supervisor, a Black woman, presented sufficient direct and indirect evidence to raise fact issues for the jury.
Court: 2nd Circuit, Judge: Chin, Filed On: September 7, 2023, Case #: 21-2640-cv, Categories: Employment Discrimination
J. Chin finds that the district court properly upheld civil contempt sanctions and attorney fees in claims contending a debtor's attorney failed to comply with discovery orders seeking U.S. assets related to involuntary bankruptcy proceedings in Russia. The bankruptcy court had inherent authority to impose civil contempt sanctions of $1,000 per day, or $55,000, and $36,000 in attorney fees, and the attorney had ample notice of the likelihood that such would be imposed given his willful disregard of orders to turn over documents responsive to subpoenas. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: August 30, 2023, Case #: 21-2238, Categories: Bankruptcy, Sanctions, Discovery
J. Chin finds that the district court properly dismissed constitutional challenges to changes in Connecticut law that eliminated a religious exemption to school vaccination requirements. The state and school board defendants were immune from suit as government entities, and the two organizational plaintiffs lacked standing to sue. However, a Muslim parent's claim that the change violated her disabled son's right to a free, appropriate public education should be looked at more closely on remand. Affirmed in part.
Court: 2nd Circuit, Judge: Chin, Filed On: August 4, 2023, Case #: 22-249-cv, Categories: Education, Government, Health Care
J. Chin finds that the district court properly remanded 19 actions contending plaintiffs suffered injuries due to residual toxicity from the Love Canal superfund site in Niagara Falls. The actions have bounced between federal and state jurisdictions, and following the latest amendment adding further affected sites, municipal and company defendants cited both federal officer and federal question jurisdiction. However, the claim seeking removal was untimely, and the "revival" exception was not applicable. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: July 14, 2023, Case #: 21-0249-cv, Categories: Environment, Tort, Jurisdiction
[Consolidated.] J. Chin finds that the district court improperly held that a bank's ex-employee could be compelled to arbitrate his termination and enjoined him from enforcing an Argentinian judgment holding that he was owed severance upon being unable to rejoin the Buenos Aires branch after losing his job in New York City. The court lacked subject matter jurisdiction because the Buenos Aires branch failed to establish its separate legal existence, and the corporate entity Citibank, the real party in interest, did not seek to substitute for the branch, leaving no adverse parties. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: July 12, 2023, Case #: 22-424-cv(L), Categories: Arbitration, Employment, Jurisdiction
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