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27 Jul 2017, 3:30 am
The three-judge panel denied Zarda’s claim in April 2017, but held that Zarda would be entitled to a new trial if the full Second Circuit agreed with his arguments about Title VII of the Civil Rights Act. [read post]
6 Apr 2020, 8:00 am
Defendant further noted that plaintiffs forfeited their right to have a new trial on their professional negligence claim because they failed to file a post-trial motion as required by Section 2-1202 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-1202. [read post]
22 Aug 2022, 12:06 pm
August 16, 2022) is not the first case to consider gender dysphoria as a disability, and marks the second time the Fourth Circuit has considered the difference between gender identity and gender dysphoria. [read post]
5 Sep 2018, 2:49 am
City of Chicago case, when it ruled that the 14th Amendment prevents the states as well as the federal government from infringing on the Second Amendment right to keep and bear arms for the purpose of self-defense. [read post]
13 Feb 2012, 7:02 pm
I last blogged about this most excellent professor in discussing the irony of “Judge invokes 1st Amendment and defendant’s due process rights to fight ethics complaint. [read post]
17 Jun 2014, 8:06 am
The briefs collectively make the broad point that the Second Circuit’s ruling upsets class action practice by requiring potential class members to file duplicative lawsuits or risk losing their right to recover damages. [read post]
26 Apr 2013, 8:49 am
Nassar, in which the Court is considering whether retaliation claims brought under Title VII of the Civil Rights Act of 1964 require a plaintiff to prove but-for causation or instead require only proof that the employer had a mixed motive. [read post]
1 Sep 2014, 9:00 pm
This morning, we're heading back to court to challenge the NSA's phone-records program, this time in the Second Circuit Court of Appeals in New York. [read post]
5 Aug 2015, 7:03 am
The Second Circuit affirmed the dismissal of a sexual harassment and sex discrimination case against the UN itself, citing several forms of immunity. [read post]
2 Aug 2024, 12:30 pm
Fifth Circuit (en banc, 12-6): We overrule our precedent that had allowed coalitions of different minorities to bring voter dilution claims under Section 2 of the Voting Rights Act. [read post]
12 Jun 2015, 9:29 am
” The Court called for the views of the Solicitor General, who recommended denial, arguing that the Fifth Circuit got the case right. [read post]
19 Sep 2012, 2:50 pm
In its September 17, 2010 decision, the Second Circuit became the first appellate court to reject the proposition that a corporation can be liable under the ATS for such alleged complicity. [read post]
20 Feb 2017, 11:58 am
Court of Appeals for the Sixth Circuit Docket: 16-5908 Opinion Date: February 15, 2017 Areas of Law: Civil Procedure, Civil Rights, Constitutional Law, Election Law White County parents formed the Association for Accurate Standards in Education (AASE) to oppose another group advocating for removal of a social studies textbook that includes discussion of Islam. [read post]
24 Apr 2019, 6:15 am
As I wrote in this blog post, the Second Circuit has held that cases alleging disability discrimination require the plaintiff to prove "but-for" causation, a more defendant-friendly burden of proof than race/gender/religious discrimination cases under Title VII of the Civil Rights Act of 1964. [read post]
16 Feb 2011, 12:41 pm
under Section 1983 of the Civil Rights Act and Pennsylvania common law. [read post]
22 Aug 2018, 2:30 pm
Hasbajrami has challenged the government’s warrantless surveillance and is asking the Second Circuit Court of Appeals to throw out the resulting evidence. [read post]
1 May 2012, 6:49 pm
Second, in the parallel cases of Calder Race Course, Inc. v. [read post]
21 Feb 2007, 12:56 pm
LEXIS 2650, the Supreme Court today held 7-2 (Stevens and Souter concurring in the judgment; Breyer and Ginsburg, dissenting) that the statute of limitations for filing a civil rights action under 42 U.S.C. § 1983 seeking damages for a false arrest that led to criminal proceedings begins to run once the plaintiff becomes detained pursuant to legal process. [read post]
19 Nov 2019, 6:58 am
On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”), did not apply in federal court. [read post]
6 Aug 2019, 9:29 pm
" See the 2014 9th Circuit Court of Appeals decision of Hawkins v. [read post]