Recent changes
Leadenhall Capital Partners LLP v. Advantage Capital Holdings, LLC - Preliminary Injunction Appeal
The Second Circuit Court of Appeals vacated a district court's preliminary injunction that froze the assets of guarantors in a debt collection case. The court found that the lenders had not demonstrated a sufficient legal or equitable interest in the guarantors' assets to justify the freeze, referencing the Supreme Court's decision in Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.
Russell v. Scott - Constitutional Rights Violation by Corrections Officer
The Second Circuit Court of Appeals affirmed the denial of qualified immunity to corrections officer Jason Scott in a case alleging sexual abuse of a pretrial detainee. The court clarified the distinct legal standards for Fourteenth Amendment claims by pretrial detainees versus Eighth Amendment claims by convicted prisoners.
Second Circuit Court Opinions for Cases 23-258 and 23-354
The Second Circuit Court of Appeals denied a petition for rehearing en banc in cases 23-258 and 23-354. The denial was accompanied by opinions from judges concurring and dissenting on the decision.
Suarez v. Sullivan - Eighth Amendment Conditions of Confinement and Medical Needs
The Second Circuit Court of Appeals vacated a district court's grant of summary judgment in Suarez v. Sullivan, et al. The court found genuine disputes of material fact regarding the defendants' alleged deliberate indifference to the plaintiff's Eighth Amendment rights concerning conditions of confinement and medical needs. The case is remanded for further proceedings.
Sufiyan v. Bondi - Asylum, Withholding of Removal, and CAT
The Second Circuit Court of Appeals granted in part and denied in part a petition for review of a Board of Immigration Appeals (BIA) decision. The court remanded the case to the BIA to determine if the petitioner would be eligible for asylum or withholding of removal but for the material support bar, while denying review of the CAT claim.
Jin v. City of New York - Qualified Immunity Appeal
The Second Circuit Court of Appeals reversed a lower court's decision, holding that New York City Police Officers are entitled to qualified immunity in a false arrest claim brought by Guo Hua Jin. The court found that arguable probable cause existed for the arrest, and that domestic violence reports should be assessed similarly to other criminal activity.
Sacaza v. City of New York - Qualified Immunity Ruling
The Second Circuit Court of Appeals reversed a district court's denial of summary judgment for a New York City detective, finding he had arguable probable cause for arrest and prosecution. The ruling impacts qualified immunity defenses in false arrest and malicious prosecution claims.
GEICO v. Mayzenberg - Insurance No-Fault Benefits Dispute
The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in a dispute over no-fault insurance benefits. The court's decision was based on a certified question answered by the New York Court of Appeals, which clarified that an insurer cannot deny payment based on alleged professional misconduct that does not involve ceding control of a professional services corporation to an unlicensed party.
Bugliotti v. Argentina - Sovereign Bonds Default
The Second Circuit Court of Appeals ruled on a case involving defaulted sovereign bonds issued by the Republic of Argentina. The court partially affirmed and partially vacated a lower court's decision, finding that some bondholder claims were timely under New York's statute of limitations and COVID-era tolling provisions, and that bondholders now have the authority to sue under Argentine law.
Miller v. Lamanna - Equal Protection Claim Appeal
The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's race discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion, considering only the complaint's allegations. The case is remanded for further proceedings.
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