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22 Sep 2020, 7:00 am by Second Circuit Civil Rights Blog
That may change following discovery, but this is why pre-discovery motions to dismiss are frequently denied.Plaintiff makes out a claim, the Court of Appeals (Carney, Leval and Stanceu [D.J.]) says, because he alleges that the "sexual gratification" allegations against him were falsely presented and that the doctor's physical contact with female patients related to their medical complaints, i.e., pushing on a woman's buttocks when she complained about back pain, or… [read post]
19 Sep 2018, 7:02 am by Second Circuit Civil Rights Blog
While a written judgment may clarify the sentencing provisions, "the spoken version ordinarily controls," the Court of Appeals (Cabranes, Pooler and Oetken [D.J.]) says. [read post]
29 Oct 2013, 7:48 am by Second Circuit Civil Rights Blog
The Second Circuit (Raggi, Droney and Keenan [D.J.]) says that Floyd reasonably continued the stop "beyond the time necessary to issue a traffic violation in order to assuage reasonable suspicions as to driver sobriety." [read post]
13 Jul 2021, 6:22 am by Second Circuit Civil Rights Blog
The Court of Appeals (Bianco, Carney and Komitee [D.J.]) says the jury credited this evidence, which is why plaintiff lost at trial, and the Court of Appeals will not second-guess the jury's factual findings on appeal. [read post]
14 Jun 2016, 9:50 am by Jon Sands
Smith and Morris, D.J.). [read post]
7 Jan 2016, 2:15 pm by Olivier Moréteau
From Treaties to ReservesThe Federal Government and Native Peoples in Territorial Alberta, 1870-1905     D.J. [read post]
8 Mar 2016, 6:20 am by Second Circuit Civil Rights Blog
" The Court of Appeals (Katzmann, Kearse and Schofield [D.J.[) finds the district court it right. [read post]
14 Apr 2021, 5:54 am by Second Circuit Civil Rights Blog
The case was dismissed for failure to prosecute under Rule 41 after his updated address contained "a small typographical error," as the Court of Appeals (Raggi, Cabranes and Kaplan [D.J.]) puts it. [read post]
4 Jun 2013, 9:42 am by Second Circuit Civil Rights Blog
The Court of Appeals (Walker, Chin and Restaini [D.J.]) disagrees.After plaintiff was wrongfully discharged from OMH, she found another position with the St. [read post]
25 Mar 2013, 8:08 am by Second Circuit Civil Rights Blog
Although the State Appellate Division, in upholding the conviction, said that "defendant failed to demonstrate good cause for his untimely alibi notice," the Second Circuit says there are ways to file a late alibi witness notice under state law.As the Second Circuit (Katzmann, Lynch and Mauskopf [D.J.]). writes, "After Harrison testified, at the relevant time, he was leaving a party with two friends, his credibility depended on the presentation of supporting testimony by the two friends to… [read post]
9 Nov 2016, 6:23 am by Second Circuit Civil Rights Blog
It sounds like FMLA retaliation, but the Court of Appeals (Livingston, Calabresi and Rakoff [D.J.]) says it was not. [read post]
8 Nov 2015, 4:51 pm by Second Circuit Civil Rights Blog
"The Court of Appeals (Sack, Droney and Stanceu [D.J.]) says it does not matter that plaintiff was stabbed a few months after the attacker had threatened him. [read post]
15 Jun 2015, 8:34 am by Jon Sands
Yamashiro, No. 12-50608 (6-12-15)(Bell, D.J., with Silverman; partial concurrence and dissent by Bea). [read post]
16 Jan 2015, 6:35 am by Second Circuit Civil Rights Blog
"At best, the Second Circuit (Lynch, Chin and Koeltl [D.J.]) says, plaintiff only speculates as to his belief that he was denied the raise because of his race. [read post]
20 May 2014, 12:10 pm by Jon Sands
Garza, No. 12-10294 (Tallman with Ikuta and O'Connell, D.J.). [read post]
3 Apr 2015, 7:31 am by Second Circuit Civil Rights Blog
While the trial court could have ruled that DeVorce made out a prima facie case of jury selection discrimination, it was not required to do so, the Court of Appeals (Jacobs, Lohier and Geraci [D.J.]) says. [read post]
28 Nov 2012, 9:38 am by Jon Sands
Munguia, No. 10-50253 (11-27-12) (Fletcher with Reinhardt; concurrence by Breyer, D.J. [read post]
10 Jun 2013, 9:39 am by Second Circuit Civil Rights Blog
The Second Circuit (Pooler, Livingston and Goldberg [D.J.]) sums it up: "the speech for which Williams claims she was retaliated against owed its existence to her payroll responsibilities as the school clerk. [read post]