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6 Oct 2021, 7:30 am by Public Employment Law Press
"The Circuit Court of Appeals then explained that having concluded that it lacked jurisdiction to consider the question of qualified immunity as to Plaintiff's federal law claims, it also lack any basis to exercise pendent jurisdiction over Plaintiff's state law claims.Click HERE to access the text of the Second Circuit Court of Appeals' decision. [read post]
6 Oct 2021, 7:30 am by Public Employment Law Press
"The Circuit Court of Appeals then explained that having concluded that it lacked jurisdiction to consider the question of qualified immunity as to Plaintiff's federal law claims, it also lack any basis to exercise pendent jurisdiction over Plaintiff's state law claims.Click HERE to access the text of the Second Circuit Court of Appeals' decision. [read post]
6 Oct 2021, 7:30 am by Public Employment Law Press
"The Circuit Court of Appeals then explained that having concluded that it lacked jurisdiction to consider the question of qualified immunity as to Plaintiff's federal law claims, it also lack any basis to exercise pendent jurisdiction over Plaintiff's state law claims.Click HERE to access the text of the Second Circuit Court of Appeals' decision. [read post]
6 Oct 2021, 7:30 am by Public Employment Law Press
"The Circuit Court of Appeals then explained that having concluded that it lacked jurisdiction to consider the question of qualified immunity as to Plaintiff's federal law claims, it also lack any basis to exercise pendent jurisdiction over Plaintiff's state law claims.Click HERE to access the text of the Second Circuit Court of Appeals' decision. [read post]
., 796 F.3d 199 (2d Cir. 2015), the United States Court of Appeals for the Second Circuit held that the Fair Labor Standards Act (“FLSA”) is an “applicable federal statute” within the meaning of Federal Rule of Civil Procedure 41(a)(1)(A)(ii) (“Rule 41”). [read post]
20 Sep 2012, 9:13 am by Christopher J. Updike
On August 31, 2012, the United States Court of Appeals for the Second Circuit published its first decision expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations by district courts. [read post]
24 Nov 2008, 3:37 pm
Court of Appeals for the Second Circuit issues opinions in cases captioned In re Terrorist Bombings of U.S. [read post]
29 Jun 2012, 4:37 pm by Daniel G.C. Glover
Introduction In a case with several important echoes to Canadian appellate law, the United States Court of Appeals for the Second Circuit has revived the actor’s Hayden Christensen’s “idea theft” lawsuit against the USA Network this week in the Forest Park Pictures v. [read post]
7 Jul 2014, 11:24 am by Jeff Kern
In a closely-watched decision involving judicial review of agency settlements, the Unites States Court of Appeals for the Second Circuit vacated United States District Court Judge Jed Rakoff’s 2011 order rejecting a proposed $285 million settlement between the Securities and Exchange Commission (“SEC”) and Citigroup Global Markets Inc., finding that the judge applied an incorrect legal standard in his… [read post]
26 Aug 2010, 12:03 pm by Jeffrey B. Gracer
In a significant and surprising development, on August 24 the Solicitor General of the United States filed a brief in the Supreme Court asserting that a groundbreaking climate change decision by the Second Circuit Court of Appeals should be vacated and remanded for further consideration. [read post]
8 Dec 2014, 10:17 am by Lax & Neville LLP
On December 8, 2014, in a long awaited decision, the United States Court of Appeals for the Second Circuit affirmed the United States District Court of the Southern District of New York’s (Rakoff, J.) judgment dismissing the trustee’s § 546 (e) claims in In re: Bernard L. [read post]
1 Oct 2009, 1:41 pm
On September 21, 2009, the United States Court of Appeals for the Second Circuit affirmed a jury verdict finding Mitchell S. [read post]
23 Feb 2009, 10:58 am
The United States Court of Appeals for the Second Circuit has upheld a New York City Health Code regulation requiring the posting of calorie information on menu boards and menus of chain restaurants with fifteen or more locations. [read post]
1 Jun 2022, 3:53 pm by Legal Profession Prof
A reciprocal public censure for misconduct in an oral argument before the United States Court of Appeals for the Second Circuit has been ordered by the New York Appellate Division for the Second Judicial Department The respondent represented Robert Doyle,... [read post]
1 Nov 2024, 2:16 pm by Legal Profession Prof
The United States Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement action In this appeal from a judgment of the United States District Court for the Southern District of New York (Stanton, J.), we... [read post]
2 Apr 2009, 3:19 pm
As detailed in this official press release, "President Obama today announced his intent to nominate Judge Gerard Lynch for a seat on the United States Court of Appeals for the Second Circuit and Judge Andre Davis for a seat on the United States Court of Appeals for the Fourth Circuit. [read post]