10 results for 'judge:"Livingston"'.
J. Livingston finds that the district court properly denied an application for U.S. discovery for use in France in a nonprofit association's challenge to a 2020 advance purchase agreement between Covid-19 vaccine developers and the European Commission. The appellate court rebuffed arguments on the hold harmless provisions on grounds that Belgium was the proper jurisdiction, and thus discovery would not be of practical use unless further appeals were accepted to the French high court. The request may be refiled since the U.S. dismissal was made without prejudice. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: March 11, 2024, Case #: 23-380, Categories: International Law, Discovery, Covid-19
J. Livingston finds that the district court properly declined to suppress evidence in defendant's trial for producing child pornography. Digital data seized under a valid search warrant in connection with a prior prosecution against defendant for possessing child pornography led to the discovery of a cell phone video in which defendant was seen rubbing his penis on his young daughter's buttocks and ejaculating, which fell outside the prior agreement that no future prosecution would occur on possession charges. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: February 27, 2024, Case #: 22-1086, Categories: Search, Plea, Child Pornography
J. Livingston finds that the district court properly dismissed civil rights claims in which plaintiff, a transgender woman who had been sentenced for crimes committed as a man, contends she had been sexually assaulted by a Connecticut prison guard. Plaintiff sought equitable tolling due to the trauma of the assaults and her then-undisclosed gender dysphoria, but her testimony was found to constitute "rationalizations" designed to buttress tolling. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: December 20, 2023, Case #: 22-302, Categories: Civil Procedure, Lgbtq, Prisoners' Rights
[Consolidated.] J. Livingston finds that the district court properly dismissed Cornell University employees' duty of prudence claims concerning the management of pension plans because the class action claims did not sufficiently allege the managers engaged in unnecessary transactions or racked up unreasonable fees. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: November 14, 2023, Case #: 21-88-cv (L), Categories: Erisa, Pensions
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J. Livingston finds that the district court properly remanded class fiduciary duty and tortious interference claims shareholders brought against a company and its merger partner. An exception to the Class Action Fairness Act applied since the merger involved securities that allegedly shortchanged shareholders from owning preferred stock.
Court: 2nd Circuit, Judge: Livingston, Filed On: November 14, 2023, Case #: 23-1262, Categories: Securities, Fiduciary Duty, Class Action
J. Livingston finds that the district court properly held that state prison officials had qualified immunity in claims contending merit time allowance permitting early release to parole had been revoked without due process. The inmate had a liberty interest in the allowance, which is earned through good behavior and program accomplishments, but revocation procedures are not clearly spelled out. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: October 12, 2023, Case #: 22-1353, Categories: Parole, Due Process
J. Livingston finds that the district court properly declined to vacate a New York City cop's guilty plea to organizing crews to carry out "raids" posed as police in order to steal money and drugs from drug dealers. Conspiracy to commit Hobbs Act robbery no longer constitutes a predicate crime of violence for firearms offenses, and defendant allocuted to participating in a drug-trafficking conspiracy in which he brandished a firearm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 31, 2023, Case #: 21-2685, Categories: Firearms, Robbery, Conspiracy
[Consolidated.] J. Livingston finds that the district court properly convicted two Long Island county prosecutors for their roles in covering up an ex-police chief's assault of a man who had been placed in custody for burglarizing cars, including the ex-chief's vehicle, because subordinate police officers were properly allowed to testify that they feared retaliation if they failed to keep to the cover story. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 25, 2023, Case #: 21-1999-cr (L), Categories: Obstruction, Conspiracy
J. Livingston finds that the district court properly found for a law school accused of blocking public view of two interior wall murals depicting state involvement in the abolitionist movement. The artist contends federal legislation protects works from modification or destruction, but erecting acoustic barriers concealing the murals, which some people deemed offensive, did not constitute harm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 18, 2023, Case #: 21-2904, Categories: Damages, Injunction