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27 May 2024, 8:32 am by Francis Pileggi
A helpful discussion explains why, based on the facts of this case, the court granted a D.J. that there was no right to indemnification due to the findings of a lack of good faith and breach of fiduciary duty, resulting in a claw back of funds previously advanced. [read post]
16 May 2024, 6:40 am by Second Circuit Civil Rights Blog
But the Court of Appeals (Calabresi, Nathan and Nagala [D.J.]) holds that, under the summary judgment rules, we have to credit plaintiff's account and then determine whether his version of events gives rise to a claim. [read post]
29 Apr 2024, 10:40 am
This stands out:Funny for New York Magazine to be linking to that "handful of women" story now.Did you still remember Lucy Flores, Amy Lappos, D.J. [read post]
20 Mar 2024, 6:16 am by Second Circuit Civil Rights Blog
He then sued in federal court, prompting a motion to dismiss on res judicata grounds on the theory that he was improperly trying to relitigate these issues in a different court.The Court of Appeals (Carney and Liman [D.J.]) holds that plaintiff can bring this lawsuit despite the Article 78 loss. [read post]
12 Mar 2024, 5:58 am by Rob Robinson
The New Hampshire Insurance Department, under Commissioner D.J. [read post]
4 Jan 2024, 5:55 am by Second Circuit Civil Rights Blog
The Court of Appeals (Lynch, Park and Williams [D.J.]) reminds us that "whether the officer had a realistic opportunity to intervene is normally a question for the jury" unless the evidence shows otherwise. [read post]
7 Nov 2023, 6:37 am by Second Circuit Civil Rights Blog
 Wilson does not meet that difficult standard, the Court of Appeals (Parker, Bianco and Rakoff [D.J.]) holds.On the evidence sufficiency claim, the Second Circuit defers to the jury's credibility findings against Wilson even though the two eyewitnesses had credibility issues. [read post]
29 Aug 2023, 6:27 am by Second Circuit Civil Rights Blog
After all, short of removing the mural from the wall completely, nothing would affect the artwork like covering it up with large acoustic panels.The Court of Appeals (Livingston, Cabaranes and Kovner [D.J.]) carefully analyzes the statute and finds that the law school did not violate the law. [read post]
11 Aug 2023, 4:00 am by Jim Sedor
National/Federal FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023 Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite dropping the charge on a technicality. [read post]
4 Aug 2023, 4:00 am by Jim Sedor
National/Federal Trump Aide Carlos De Oliveira’s Journey from Failed Witness to Defendant MSN – Devlin Barrett, Spencer Hsu, and Josh Dawsey (Washington Post) | Published: 7/28/2023 Carlos De Oliveira was indicted along with Donald Trump and Walt Nauta, all three accused of seeking to delete security footage at Mar-a-Lago that the Justice Department was requesting as part of its classified documents investigation. [read post]
2 Aug 2023, 1:46 am by Seán Binder
  Two Michigan Republicans were charged with felonies yesterday as part of special prosecutor D.J. [read post]
14 Jul 2023, 6:57 am by Legal Profession Prof
The Indiana Lawyer reports on a recent admonishment of a judge Hancock Superior Judge Donald Jack “D.J. [read post]
4 Apr 2023, 6:25 am by Second Circuit Civil Rights Blog
"The racial discrimination claim is dismissed because the Court of Appeals (Lee, Nathan and Rakoff (D.J.]) finds "ample support" that plaintiff was fired for legitimate reasons. [read post]
9 Mar 2023, 6:48 am by Second Circuit Civil Rights Blog
No, says the Court of Appeals (Jacobs, Nathan and Gonzalez [D.J.]), which vacates the trial court's order and reinstates the jury verdict in favor of the County.The Second Circuit opens its discussion by stating, "Often, the question of 'whether an undesirable employment action qualifies as being ‘adverse’ is a heavily fact-specific, contextual determination' that is left for the jury. [read post]
5 Dec 2022, 6:47 am by Second Circuit Civil Rights Blog
In that portion of the case, the Court of Appeals (Bianco, Carney and Komittee [D.J.]) said that even there were a First Amendment violation (the speech being the middle finger), the defendants have qualified immunity because the law was not clear at the time whether university officials can discipline students for actions like this. [read post]