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Second Circuit – New trial: McClarin v. City of New York
Daily Record Staff//July 23, 2026//
United States Court of Appeals for the Second Circuit
New trial — Recorded statements — Credibility assessment
23-7310
Judges Kearse, Raggi, and Kahn
Background: The defendants were ordered to pay the plaintiff compensatory and punitive damages for an unlawful search and malicious prosecution. On appeal, the defendants argue that the court erred in denying their posttrial motion seeking a new trial arguing the court should not have excluded statements made by the plaintiff in telephone conversations.
Ruling: The Second Circuit vacated and remanded. The court held that the jury should be allowed to hear the proffered recorded conversations which were relevant to assessments of credibility of the plaintiff and his key witness.
Eylan Schulman for the plaintiff-appellee; Lauren L. O’Brien, corporation counsel, for the defendants-appellants.
Case Digests
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
- Second Circuit – New trial: McClarin v. City of New York
- Second Circuit – First Amendment: Real Estate Board of New York Inc. v. The City of New York
- Fourth Department – Juvenile offender: People v. Kameron P.
- Second Circuit – Anticompetitive policy: Cumulus Media New Holdings Inc. v. The Nielsen Co. (US) LLC
- Fourth Department – Aggravated harassment: People v. O’Neill
- Second Circuit – Convention Against Torture: Aguilar-Villalobos v. Blanche
- Second Circuit – Mandatory arbitration: 1199 SEIU United Healthcare Workers East v. PSC Community Services
- Second Circuit – Anti-Injunction Act: Mutual Fund Opt-Out Plaintiffs v. Calamari
- Fourth Department – Premises liability: Polisoto v. St. Gregory The Great Roman Catholic Church
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