US Courts

Parker v. Alexander - New York Law Preemption

The Second Circuit Court of Appeals has certified a question to the New York Court of Appeals regarding the preemption of New York City's Victims of Gender-Motivated Violence Protection Law (VGMVPL) by New York State's Child Victims Act (CVA) and Adult Survivors Act (ASA). This decision addresses conflicting district court rulings on whether the city law's revival window for civil claims is superseded by the state laws.

Leadenhall Capital Partners LLP v. Advantage Capital Holdings, LLC - Court Opinion

The Second Circuit Court of Appeals vacated a district court's preliminary injunction freezing guarantor assets in Leadenhall Capital Partners LLP v. Advantage Capital Holdings, LLC. The court found that the plaintiffs failed to demonstrate a lien or equitable interest in the guarantors' assets, as required by 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, finding Scott's alleged actions violated clearly established constitutional rights.

Second Circuit Court Opinion on Rehearing En Banc

The Second Circuit Court of Appeals denied a petition for rehearing en banc in a case involving Fiona Havlish, et al. against The Taliban. While the majority denied the rehearing, several judges concurred in the denial or dissented with opinions, indicating ongoing judicial discussion on the matter.

Suarez v. Sullivan - Eighth Amendment Conditions of Confinement

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 plaintiff's Eighth Amendment claims of deliberate indifference to conditions of confinement and medical needs against New York State correctional and mental health officials. The case is remanded for further proceedings.

Sufiyan v. Bondi - Asylum and Withholding of Removal Appeal

The Second Circuit Court of Appeals reviewed an immigration appeal concerning asylum and withholding of removal. The court granted the petition in part, remanding the case to the Board of Immigration Appeals to determine eligibility for asylum and withholding of removal, excluding the material support bar. The petition for review of the Convention Against Torture claims was denied.

Jin v. City of New York - Qualified Immunity for False Arrest Claim

The Second Circuit Court of Appeals reversed a district court's denial of qualified immunity to NYPD officers in a false arrest lawsuit. The court found that the officers had arguable probable cause to arrest the plaintiff, Guo Hua Jin, for assault, and that disputed facts were immaterial to this determination. The ruling clarifies the standard for probable cause in domestic violence cases.

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. The court found that arguable probable cause existed for the arrest and prosecution of Dennis Sacaza, granting the detective qualified immunity on federal claims.

GEICO v. Mayzenberg - Court Opinion on Insurance Reimbursement

The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in GEICO v. Mayzenberg. 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 no-fault benefits based on alleged professional misconduct not involving the ceding of control of a professional services corporation to an unlicensed party.

2nd Circuit Rules on Defaulted Sovereign Bonds

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 judgment, remanding the case for further proceedings regarding bondholder claims.