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2 Oct 2008, 11:14 am
Franklin and Clarke, 499 F.3d 578 (6th Cir. 8/28/07), rehrg and rehrg en banc denied 1/25/08 (Forester, D.J. [read post]
17 Oct 2016, 8:58 am by Second Circuit Civil Rights Blog
The Court of Appeals (Lynch, Droney and Reiss [D.J.]) says that plaintiffs did not plausibly plead that Esposito deliberately ignored facts that justified the marchers' takeover of the roadway. [read post]
24 Oct 2013, 8:17 am
A corporate officer will be found jointly and severally liable with his corporation for copyright infringement if he (1) had the right and ability to supervise the infringing activity, and (2) has a direct financial interest in such activities. [read post]
5 Nov 2012, 8:24 am by Second Circuit Civil Rights Blog
"The record contained evidence that at the time of her demotion and discharge, Arience employees commented that: (1) Bar-Tur would be able to attend to her 'little doctor's appointments' now that she was relieved of certain responsibilities; (2) the demotion was 'supposed to be a personal opportunity for [Bar-Tur] to take care of some important things in [her] life'; and (3) Arience wanted to give Bar-Tur 'space to work through [her] health… [read post]
11 Oct 2017, 6:01 am by Second Circuit Civil Rights Blog
To prevail in a public employee speech claim, the plaintiff must show (1) he spoke on a matter of public importance and (2) he spoke out as a citizen and not as an employee. [read post]
26 Dec 2014, 11:24 am by Second Circuit Civil Rights Blog
The Court of Appeals (Katzmann, Winter and Marrero [D.J.]) will have none of this. [read post]
10 Apr 2015, 7:16 am by Second Circuit Civil Rights Blog
The jury had two sets of claims before it: (1) implied contract arising from the County's EEO policy, which prohibited discrimination and (2) federal and state antidiscrimination statutory violations, including Title VII. [read post]
28 Oct 2020, 6:13 am by Second Circuit Civil Rights Blog
Plaintiff identifies two racist comments allegedly made by the school principal: (1) "students should have teachers that look like them," and (2) "white teachers could not, are not competent to teach our students. [read post]
27 Oct 2011, 3:46 pm by Jon Sands
Smith and Oliver, D.J.).The defendant argues on appeal that he cannot be convicted for advertising child porn if he did not produce the child porn. [read post]
6 Feb 2012, 1:14 pm by Jon Sands
Here, the 9th holds that: (1) prejudice will not be presumed even when an alien is not advised of his right to counsel and did not waive this right; and (2) the defendant did not have a plausible or tenable claim to to relief in 2001. [read post]