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Category Archives: Second Circuit Court of Appeals
The U.S. Supreme Court has denied a request by the Trump administration to stay the depositions of Commerce Secretary Wilbur Ross and an official at the U.S. Department of Justice in New York Attorney General Barbara Underwood's census lawsuit. Justice Ruth Bader Ginsburg said in an order provided by a spokesperson for the high court that those depositions, along with other discovery, may proceed in the lawsuit as scheduled as the court reviews a July decision by the district court allowing extra-record discovery in the case.
For the first time, a federal appellate court has acknowledged its obligation to give a "fair reading" to all Fair Labor Standards Act overtime exemptions, as the U.S. Supreme Court stated in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 .
A federal judge in Connecticut has dismissed a lawsuit by 60 former professional wrestlers , many of them stars in the 1980s and 1990s, who claimed World Wrestling Entertainment failed to protect them from repeated head trauma including concussions that led to long-term brain damage. U.S. District Judge Vanessa Bryant in Hartford threw out the lawsuit Monday, saying many of the claims were frivolous or filed after the statute of limitations expired.
In this Sept. 6, 2018 photo, Supreme Court nominee Brett Kavanaugh reacts as he testifies after questioning before the Senate Judiciary Committee on Capitol Hill in Washington.
A federal judge in Connecticut has dismissed a lawsuit by 60 former professional wrestlers, many of them stars in the 1980s and 1990s, who claimed World Wrestling Entertainment failed to protect them from repeated head trauma including concussions that led to long-term brain damage. U.S. District Judge Vanessa Bryant in Hartford threw out the lawsuit Monday, saying many of the claims were frivolous or filed after the statute of limitations expired.
NEW YORK: The National Gallery in London persuaded a U.S. appeals court that three grandchildren of a muse for French artist Henri Matisse should not reclaim a 1908 painting they said was stolen. In a 3-0 decision on Monday, the 2nd U.S. Circuit Court of Appeals in New York said sovereign immunity shielded the museum and Britain from having to return "Portrait of Greta Moll" to the grandchildren, Oliver Williams and Margarete Green from Britain and Iris Filmer from Germany.
Amid a yearslong legal malpractice suit against Wachtell, Lipton, Rosen & Katz , lawyers for the storied New York firm and CVR Energy Inc., a Sugar Land, Texas-based company controlled by Carl Icahn, are now asking a federal judge to settle a heated deposition dispute in which the famed corporate raider bristled at Wachtell's questioning, leading to its abrupt end. "I don't think you have a right to come in and ask me questions.
In the context of an appeal from a decision of the Board of Immigration appeals, Zuniga-Perez v. Sessions , the Second Circuit ruled that a search conducted by law enforcement personnel violated the Fourth Amendment.
Andrea Loguidice talks to a customer as her boyfriend Brandon Snooks cooks the order on the Wandering Dago food truck outside Schenectady County Public Library Tuesday, Oct. 9, 2012 in Schenectady, N.Y. ORG XMIT: MER2013082719341471 less Andrea Loguidice talks to a customer as her boyfriend Brandon Snooks cooks the order on the Wandering Dago food truck outside Schenectady County Public Library Tuesday, Oct. 9, 2012 in Schenectady, N.Y. Attorney George Carpinello holds a copy of the e-mail from Cuomo adviser Bennett Liebman complaining about the name of the Wandering Dago food truck.
Cravath, Swaine & Moore will not have to hand over documents related to its client, the energy company Royal Dutch Shell, as part of discovery, reversing a decision by U.S. District Judge Alvin Hellerstein of the Southern District of New York that would have handed over the documents to a group of Nigerian plaintiffs suing over human rights abuses. The panel-composed of Circuit Judges Dennis Jacobs, JosA Cabranes and Richard Wesley-found that an order forcing Cravath to turn over their client's documents in a suit the lower court found it lacked jurisdiction was an abuse of the district court's discretion.
A state appeals court says the University of Wisconsin-Oshkosh must release records related to misconduct investigation involving a business professor. Alexander Nemec, a reporter with the student newspaper Advance-Titan, filed an open records request in March 2017 for a complaint against Willis Hagen and documents from an ensuing investigation.
On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government's interpretation of its own law is not binding on U.S. courts. The case, In re Vitamin C Antitrust Litigation , dates back to 2005 and 2006, when U.S. vitamin C purchasers brought allegations against Chinese manufacturers claiming that the manufacturers had agreed to fix the price and supply of vitamin C exported to the United States, in violation of Section 1 of the Sherman Act.
An appeals court in New York says a former Wall Street trader can be released from prison because he was improperly convicted of taking advantage of a government bailout program. The ruling Thursday by the 2nd U.S. Circuit Court of Appeals frees Jesse Litvak from a two-year prison sentence he was serving after his securities fraud conviction last year.
An appeals court has said the federal government can't delay plans to more than double penalties automakers pay when they fail to meet fuel economy standards. The 2nd U.S. Circuit Court of Appeals sided on Monday with a lawsuit brought last year by California, Maryland, New York, Pennsylvania, Vermont and environmental groups, which were seeking to have a new rule about penalties enforced.
A lawyer for victims of terrorist attacks in Israel on Monday urged a federal appeals court to revive their lawsuit against Facebook Inc, saying Mark Zuckerberg's congressional testimony undermined the social media company's argument that it bore no responsibility for content on its platforms. Zuckerberg, Facebook's chief executive, "severely contradicted critical factual positions" that the company took to win dismissal last May of the $3 billion lawsuit by victims and relatives of American victims of Hamas attacks, according to a filing with the 2nd U.S. Circuit Court of Appeals in New York.
A federal appeals court on Wednesday ruled that New York State Thruway Authority had the right to use toll revenue collected from commercial truckers to maintain upstate canals, upholding the dismissal of a lawsuit by a trucking industry group. A unanimous three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan said that a 1991 federal law, the Intermodal Surface Transportation Efficiency Act, specifically authorized the Thruway Authority to use excess toll revenue for canals.
The U.S. Supreme Court on March 21, 2018, reversed the Second Circuit in a 7-2 decision in Marinello v. United States, holding that to convict a defendant under the Omnibus Clause of Code Section 7212 the government must prove that the defendant was aware of a pending tax-related proceeding, such as a particular investigation or audit, or could reasonably have foreseen that such a proceeding would commence.
The veteran Hollywood star, 101, sued the network for defamation over what she said was a damaging portrayal of her as a gossip. The three judge panel overturned a previous court ruling that found in the actress's favor and ruled Monday that the First Amendment allowed filmmakers to embellish the historical record, Variety reported.
An en banc federal appeals court has ruled that Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on sexual orientation. The New York-based 2nd U.S. Circuit Court of Appeals ruled Monday that discrimination against gay workers constitutes a form of sex discrimination banned by Title VII.