NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Discrimination claim Sufficiency of complaint – Enumerated factual allegations Quinones v. City of Binghamton 20-3078-cv Judges Jacobs, Pooler, and Park Background: The plaintiff is a lieutenant in the Binghamton Police Department. ...

United States Court of Appeals for the Second Circuit Mortgage discharge Article III standing – Particularized harm Maddox v. Bank of N.Y. Mellon Trust Co. 19-1774-cv Judges Jacobs, Pooler, and Carney Background: The defendant appealed from the denial of its ...

United States Court of Appeals for the Second Circuit First Step Act Drug-related murder – Covered offenses United States v. Gilliam 20-1180 Judges Katzmann, Wesley, and Nardini Background: The defendant appealed from an order denying his motion for a sentence ...

United States Court of Appeals for the Second Circuit Exhaustion of administrative remedies Unavailable – Medical condition unaccommodated Rucker v. Giffen 20-1318 Judges Leval, Cabranes, and Menashi Background: The plaintiff appealed, pro se, from the dismissal of his suit for ...

United States Court of Appeals for the Second Circuit Federal Tort Claims Act Notice of claim – Jurisdictional requirement Collins v. United States 20-2021 Judges Calabressi, Raggi, and Chin Background: The plaintiff sustained various injuries requiring hospitalization and surgery as ...

United States Court of Appeals for the Second Circuit Rehabilitation Act Eleventh Amendment – Board of Law Examiners T.W. v. Board of Law Examiners 19-4136 Judges Livingston, Chin, and Failla Background: The plaintiff is a law school graduate and he ...

United States Court of Appeals for the Second Circuit Medicare and Medicaid Challenge of final rule – Subject matter jurisdiction Avon Nursing & Rehabilitation v. Becerra 19-3953-cv Judges Katzmann, Lohier, and Park Background: The plaintiffs are a group of nursing ...

United States Court of Appeals for the Second Circuit Fair Labor Standards Act Statute of Limitations – Pleading Willfulness Whiteside v. Hover-Davis Inc. 20-798 Judges Livingston, Chin, and Engelmayer Background: The plaintiff appealed from the dismissal of his complaint pursuant ...

United States Court of Appeals for the Second Circuit Market manipulation Inference of scienter – Sufficiency of complaint Set Capital LLC v. Credit Suisse Group AG 19-3466 Judges Walker, Pooler, and Lynch Background: The plaintiffs commenced a securities class action ...

United States Court of Appeals for the Second Circuit Identity theft Article III standing – Substantial risk McMorris v. Carlos Lopez & Assocs. LLC 19-4310 Judges Calabresi, Katzmann, and Sullivan Background: The plaintiff-appellant appealed from an order that dismissed her ...

United States Court of Appeals for the Second Circuit Crime of violence Conspiracy to commit Hobbs Act robbery – Biased juror USA v. McCoy 17-3515(L) Judges Kearse, Parker, and Sullivan  Background: The defendants appealed from his conviction of numerous counts ...

United States Court of Appeals for the Second Circuit Immigration law Crime of violence – Second-degree assault Thompson v. Garland 17-3494-ag Judges Keasrse, Wesley, and Chin Background: The petitioner sought review of a Board of Immigration Appeals determination ordering his ...