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Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
United States Court of Appeals for the Second Circuit Visual Artists Rights Act Hiding art from view Kerson v. Vermont Law School Inc. 21-2904 Judges Livingston, Cabranes, and Kovner Background: The plaintiff painted two large murals directly onto the walls inside a building on the campus of the defendant law school. In response to the […]
Second Circuit – Reasonable accommodation: Tafolla v. Heilig
United States Court of Appeals for the Second Circuit Reasonable accommodation Essential functions of job Tafolla v. Heilig 21-2327-cv Judges Sullican, Bianco, and Perez Background: The plaintiff appealed from the grant of summary judgment to the defendants dismissing her discrimination and retaliation claims. She alleged that her employment was terminated based on her disability and […]
Second Circuit – Class action settlement: Moses v. The New York Times Company
United States Court of Appeals for the Second Circuit Class action settlement Approval – Presumption of fairness Moses v. The New York Times Company 21-2556-cv Judges Parker, Lynch, and Lohier Background: An objector appeals from the approval of a settlement award, attorneys’ fee award, and an incentive award in a class action. The plaintiff had […]
Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
United States Court of Appeals for the Second Circuit New York Child Victim’s Act Tolling – Title IX and Section 1983 Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School 21-2995-cv;22-298-cv Judges Cabranes and Bianco Background: At issue in both appeals is whether Section 214-g of the New York State Civil Practice Law […]
Second Circuit – Arbitration: Stafford v. IBM Corp.
United States Court of Appeals for the Second Circuit Arbitration Mootness – Confidentiality Stafford v. IBM Corp. 22-1240-cv Judges Park, Nardini, and Nathan Background: The petitioner is a former employee of the defendant who signed a separation agreement requiring confidential arbitration of any claims arising from her termination. After winning an age-discrimination claim against the [&helli[...]
Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
United States Court of Appeals for the Second Circuit Class certification Securities fraud – Presumptions Arkansas Teachers Retirement System V. Goldman Sachs Group Inc. 22-484 Judges Wesley, Chin, and Sullivan Background: The shareholders of the defendant commenced a class action claiming securities fraud in violation of the Securities Exchange Act by the misrepresentation of the […]
Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
United States Court of Appeals for the Second Circuit In personam jurisdiction Transfer of venue Kaplan v. Bank Saderat PLC 22-1122-cv Judges Cabranes, Lynch, and Lohier Background: The plaintiffs are American victims of terror attacks in Israel. They appeal from the dismissal of their complaint for lack of in personam jurisdiction over a bank associated […]
Second Circuit – Supervised release: United States v. Francis
United States Court of Appeals for the Second Circuit Supervised release Violation of terms – Marijuana possession United States v. Francis 22-1080-cr Judges Walker, Lohier, and Perez Background: The defendant appealed from the revocation of his original, three-year term of supervised release and sentencing him to three months in prison, followed by a new, one-year […]
Second Circuit – Discrimination: Carr v. NYC Transit Authority
United States Court of Appeals for the Second Circuit Discrimination Carr v. NYC Transit Authority 22-792-cv Judges Pooler, Parker, and Nathan Background: The plaintiff appeals from the dismissal of her claims of age, race, and gender discrimination and retaliation. She argues that the court applied an incorrect legal standard to her retaliation claims and that […]
Second Circuit – Free Exercise Clause: We the Patriots USA Inc., et al. v. Conn. Office of Early Childhood Dev.
United States Court of Appeals for the Second Circuit Free Exercise Clause Vaccination – Repeal of religious exemptions We the Patriots USA Inc., et al. v. Conn. Office of Early Childhood Dev. 22-249-cv Judges Leval, Chin, and Bianco Background: The plaintiffs appealed from the dismissal of their challenging a statute that repealed religious exemptions from […]
Second Circuit – Arbitration: In re IBM Arbitration Agreement Litigation
United States Court of Appeals for the Second Circuit Arbitration Age Discrimination in Employment Act – Piggybacking rule In re IBM Arbitration Agreement Litigation 22-1728-cv Judges Pooler, Wesley, and Park Background: Twenty-six former employees of IBM signed separation agreements requiring them to arbitrate any claims arising from their termination. The agreements set a deadline and [&hellip[...]
Second Circuit – Permanent injunction: Havens v. James
United States Court of Appeals for the Second Circuit Permanent injunction Non-party Havens v. James 20-664-cv Judges Lohier, Nardini, and Menashi Background: The plaintiff started sidewalk counseling on a public sidewalk near an abortion clinic 12 years after a permanent injunction was placed on several pro-life advocates enjoining them from entering the public sidewalk within […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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