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United States Court of Appeals for the Second Circuit Substance abuse records Enforceable right Schlosser v. Kwak 20-2337-pr Judges Leval, Lohier, and Sullivan Background: The pro se inmate filed various Section 1983 claims against the judges, prosecutors, public defenders and ...
Read More »Second Circuit – Municipal liability: Green v. Dept. of Education.
United States Court of Appeals for the Second Circuit Municipal liability Section 1983 – National Labor Relations Act – Duty of fair representation Green v. Dept. of Education. 20-3785-cv Judges Pooler, Menashi, and Vyskocil Background: The pro se plaintiff appealed ...
Read More »Second Circuit – Appeal waiver: United States v. Borden
United States Court of Appeals for the Second Circuit Appeal waiver Government’s consent to vacate conviction United States v. Borden 19-4316-cr Judges Pooler, Lohier, and Kaplan Background: The defendant pled guilty to conspiring to commit Hobbs Act robbery and brandishing ...
Read More »Second Circuit – Fair Labor Standards Act: Simmons v. Trans Express Inc.
United States Court of Appeals for the Second Circuit Fair Labor Standards Act Claim preclusion – Small claims court Simmons v. Trans Express Inc. 19-438 Judges Sullivan and Bianco Background: The plaintiff commenced an action under the Fair ...
Read More »Second Circuit – Foreign Sovereign Immunities Act: United States v. Bankasi
United States Court of Appeals for the Second Circuit Foreign Sovereign Immunities Act Criminal conduct – Commercial activities exception United States v. Bankasi 20-3499-cr Judges Kearse, Cabranes, and Bianco Background: At issue on appeal is whether a denial of a ...
Read More »Second Circuit – Prison Litigation Reform Act: Green Haven Prison Preparative Meeting v. NYS Dept. of Corrections
United States Court of Appeals for the Second Circuit Prison Litigation Reform Act Exhaustion of administrative remedies – Preliminary injunction Green Haven Prison Preparative Meeting v. NYS Dept. of Corrections 20-18-pr Judges Livingston, Cabranes, and Lynch Background: Several unincorporated associations ...
Read More »Second Circuit – Freedom of Access to Clinic Entrances Act: Zhang Jingrong, et al. v. Chinese Anti-Cult World Alliance Inc., et al.
United States Court of Appeals for the Second Circuit Freedom of Access to Clinic Entrances Act Places of worship definition Zhang Jingrong, et al. v. Chinese Anti-Cult World Alliance Inc., et al. 18-2626 Judges Walker, Leval, and Carney Background: The ...
Read More »Second Circuit – First Amendment: Specht v. City of New York, et al.
United States Court of Appeals for the Second Circuit First Amendment Retaliation – Matter of Public Concern Specht v. City of New York, et al. 20-4211-cv Judges Newman, Cabranes, and Parker Background: The plaintiff was employed as a fire marshal. ...
Read More »Second Circuit – Expert evidence: Sparkees v. E.I. DuPont de Nemours and Co.
United States Court of Appeals for the Second Circuit Expert evidence Federal standard for admission Sparkees v. E.I. DuPont de Nemours and Co. 20-3170-cv Judges Newman, Cabranes, and Parker Background: The plaintiff appealed from the dismissal of his complaint that ...
Read More »Second Circuit – SALT deduction: New York v. Yellen
United States Court of Appeals for the Second Circuit SALT deduction Constitutionality New York v. Yellen 19-3962-cv Judges Sack, Chin, and Lohier Background: The plaintiffs appealed from the grant of the defendants’ motions dismiss for failing to state a claim ...
Read More »Second Circuit – H-1B employees: United States v. Bedi
United States Court of Appeals for the Second Circuit H-1B employees Wages owed – Federal Debt Collection Procedures Act United States v. Bedi 20-1955-cv Judges Walker, Cabranes, and Wesley Background: The defendants appealed from the grant of summary judgment on ...
Read More »Second Circuit – Freedom of Information Act: The New York Times Co. v. U.S. Dept. of Health and Human Services
United States Court of Appeals for the Second Circuit Freedom of Information Act Quality assurance record – Internal investigation – Administrative errors The New York Times Co. v. U.S. Dept. of Health and Human Services 21-211-cv Judges Cabranes, Pooler, and ...
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