Recent changes
9th Circuit Denies Rehearing in Transgender Exclusion Policy Case
The Ninth Circuit Court of Appeals denied a petition for rehearing en banc in a case concerning the Washington Law Against Discrimination (WLAD) and a spa's transgender exclusion policy. The court upheld its prior decision, which affirmed the exclusion policy's potential violation of WLAD.
Sufiyan v. Bondi - Asylum, Withholding, CAT for Sri Lankan National
The Second Circuit Court of Appeals reviewed a case involving a Sri Lankan national denied asylum and withholding of removal due to alleged material support for a designated terrorist organization. The court granted the petition for review in part, remanding the case to the Board of Immigration Appeals to determine eligibility for asylum and withholding of removal absent the material support bar.
Jin v. City of New York - Qualified Immunity for False Arrest Claim
The Second Circuit Court of Appeals reversed a lower court's decision, holding that New York City Police Officers are entitled to qualified immunity on a false arrest claim. The court found arguable probable cause existed for the arrest, overturning the denial of the officers' motion for summary judgment.
Sacaza v. City of New York - Qualified Immunity Ruling
The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective, ruling he is entitled to qualified immunity. The court found arguable probable cause for the arrest and prosecution of Dennis Sacaza, overturning the district court's decision and remanding the case.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit Court of Appeals vacated its prior judgment and remanded a case involving GEICO's denial of no-fault insurance benefits. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified the scope of the Eligibility Regulation regarding professional misconduct.
Miller v. Lamanna - Appeal of Rule 12(b)(6) Dismissal
The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) motion to dismiss, considering only the complaint's allegations. The case is remanded for further proceedings.
Safdieh v. Commissioner - Tax Court Ruling on Foreign Business Reporting Penalties
The Second Circuit Court of Appeals reversed a Tax Court ruling, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of foreign businesses under I.R.C. ยง 6038(b). The court vacated the Tax Court's summary judgment for the taxpayer and remanded the case for further proceedings.
United States v. Jimenez - Ammunition Possession After Felony Conviction
The Second Circuit affirmed a district court's judgment against William Jimenez, who was convicted of possessing ammunition after a felony conviction. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were adequately supported and that Jimenez's appeal waiver barred his challenge to his sentence.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the lower court's decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact test under the Fair Housing Act. The court also affirmed CoreLogic's violation of the FCRA regarding documentation for consumer reports.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.
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