Recent changes
Beachley v. Trans Union, LLC - Sanction Award
The District Court of Colorado has issued an order addressing a defendant's motion for fees and costs, awarding $71,886 as a sanction against the plaintiff for their conduct. This award follows a previous recommendation to dismiss the plaintiff's claims and impose sanctions.
United States v. Paul Curry - Criminal Appeal
The Sixth Circuit Court of Appeals affirmed the convictions and sentence of Paul Curry. Curry appealed his convictions, arguing insufficient evidence and prejudicial admission of jail calls, and also challenged his sentence. The court found no grounds to overturn the lower court's decision.
Grady v. Cratsenburg - Reversal of Arrest Ruling Under Nieves Framework
The Sixth Circuit Court of Appeals reversed a district court's ruling regarding an arrest, applying the Supreme Court's framework from Nieves v. Bartlett. The decision clarifies the application of probable cause in retaliatory arrest claims, impacting how such cases are adjudicated.
United States v. Michael Wayne Bailey - Affirmance of Sentence
The Sixth Circuit Court of Appeals affirmed a 300-month sentence for Michael Wayne Bailey, who was convicted of conspiracy to possess with intent to distribute illegal narcotics. The court found no error in the jury instructions, the admission of evidence, or the sufficiency of the evidence presented.
Parker v. Alexander - New York Law Preemption Case
The Second Circuit Court of Appeals has certified a question of New York law to the New York Court of Appeals regarding the preemption of the New York City Victims of Gender-Motivated Violence Protection Law by state laws. This case concerns whether the city's revival window for civil claims is superseded by the earlier revival periods established by the state's Child Victims Act and Adult Survivors Act.
Leadenhall Capital Partners LLP v. Advantage Capital Holdings - Preliminary Injunction Appeal
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. The court found that the plaintiffs failed to demonstrate a lien or equitable interest in the guarantors' assets, as required by Supreme Court precedent.
Russell v. Scott - Sexual Abuse Allegations by Pretrial Detainee
The Second Circuit Court of Appeals affirmed the denial of qualified immunity to a corrections officer accused of sexually abusing a pretrial detainee. The court clarified the distinct constitutional standards for pretrial detainees under the Fourteenth Amendment compared to convicted prisoners under the Eighth Amendment.
2nd Circuit Court of Appeals - Denial of Rehearing En Banc
The Second Circuit Court of Appeals denied a petition for rehearing en banc in cases 23-258 and 23-354. While the majority denied the petition, several judges filed opinions concurring in or dissenting from the denial, indicating ongoing judicial debate on the underlying issues.
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 a case brought by Elvin Suarez against New York State correctional and mental health officials. The court found genuine disputes of material fact regarding alleged Eighth Amendment violations related to conditions of confinement and medical needs.
Asylum, Withholding, CAT Case 22-6392 Decided
The Second Circuit Court of Appeals granted in part a petition for review in a case involving asylum and withholding of removal. The court remanded the case to the Board of Immigration Appeals (BIA) to determine if the petitioner would be eligible for asylum or withholding of removal but for the material support bar. The petition for review of the denial of relief under the Convention Against Torture was denied.
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