Knapp v. Barclays - Securities Act of 1933 Decision

The Second Circuit Court of Appeals affirmed a district court's dismissal of claims against Barclays related to exchange-traded notes (ETNs). The court found that a reverse split of ETNs did not constitute a "sale" under the Securities Act of 1933, and investors failed to trace their post-split ETNs to a specific registration statement, thus affirming the dismissal of claims under Sections 11 and 12 of the Act.

Parker v. Alexander - NY Laws Preempt NYC Violence Protection Law

The Second Circuit Court of Appeals has certified a question to the New York Court of Appeals regarding whether New York State laws (Child Victims Act and Adult Survivors Act) preempt a New York City law (Victims of Gender-Motivated Violence Protection Law). This decision addresses conflicting district court rulings on revival windows for civil claims related to sexual and gender-based violence.

Leadenhall v Advantage Capital - Preliminary Injunction on Guarantor Assets

The Second Circuit Court of Appeals vacated a district court's preliminary injunction freezing guarantor assets in a breach of contract case. 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 - 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 pretrial detainees under the Fourteenth Amendment versus convicted prisoners under the Eighth Amendment, finding Scott's alleged actions violated clearly established constitutional rights.

2nd Circuit Court of Appeals Opinion on Rehearing En Banc Denial

The Second Circuit Court of Appeals has denied a petition for rehearing en banc in consolidated cases involving plaintiffs against The Taliban and the Federal Reserve Bank of New York. While the majority denied the rehearing, several judges dissented, indicating ongoing judicial debate.

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. 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.

2nd Circuit: Asylum, Withholding, CAT for Mohamed Sufiyan

The Second Circuit Court of Appeals reviewed a decision by the Board of Immigration Appeals (BIA) regarding Mohamed Sufiyan's application for asylum, withholding of removal, and Convention Against Torture (CAT) relief. The court granted the petition in part, remanding the case to the BIA to determine Sufiyan's eligibility for asylum and withholding of removal absent the material support bar, while denying review of the CAT claims.

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

The Second Circuit Court of Appeals reversed a district court's denial of qualified immunity for NYPD officers in a false arrest lawsuit. The court found that the officers had arguable probable cause to arrest the plaintiff, Guo Hua Jin, on assault charges, and that the district court erred in suggesting a heightened standard for assessing credibility in domestic violence cases.

Sacaza v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a district court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, 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 held that an insurer cannot deny no-fault benefits based on alleged professional misconduct that does not involve ceding control of a professional services corporation to an unlicensed party.