U.S. Court of Appeals for the Second Circuit
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Second Circuit rules for AstraZeneca in suit over COVID vaccine statements
NEW YORK (Legal Newsline) - Public pension funds that accused AstraZeneca of misleading investors about the efficacy of the company’s Covid 19 in order to facilitate a stock-funded acquisition failed to identify any false statements or a motive for committing fraud, the Second Circuit Court of Appeals ruled, upholding the dismissal of the case. -
Circuits split on whether Elizabeth Warren's CFPB is constitutional, leaving SCOTUS to decide
NEW YORK (Legal Newsline) - A federal appeals court ruled the Consumer Financial Protection Bureau’s funding mechanism is constitutional as the U.S. Supreme Court considers a Fifth Circuit decision that went the other way. -
Second Circuit asked to weigh in on New York's gun law
ALBANY, N.Y. (Legal Newsline) – The gun industry will appeal a federal judge’s ruling that struck down its challenge of a New York law that will expose them to civil liability for shootings. -
Second Circuit won't block vaccine mandate for NYC teachers
NEW YORK (Legal Newsline) – New York City teachers won’t get relief from a vaccine mandate from the U.S. Court of Appeals for the Second Circuit. -
Federal judge to decide whether #MeToo law keeps former Fox News personality's sexual harassment case in court
NEW YORK (Legal Newsline) – A former Fox News personality’s sexual harassment fight will remain where it is, thanks to a decision by the U.S. Court of Appeals for the Second Circuit. -
Exxon feels confident in Second Circuit, asks for hold on Connecticut's climate change case during appeal
HARTFORD, Conn. (Legal Newsline) – Exxon is requesting a stay of a federal judge’s decision that sends Connecticut Attorney General William Tong’s climate change lawsuit against it back to state court. -
Calif. cities file appeal in effort to avoid possible lawsuit from Exxon
Potential defendants argue Texas court lacks jurisdiction. -
Federal courts taking another look at transgender individuals' rights under Title VII
WASHINGTON (Legal Newsline) – Seemingly at odds with some recent activities by the federal Department of Justice, federal circuit courts in various parts of the country seem poised to take a new look at various kinds of gender and gender-identity discrimination. -
Buffalo Wild Wings still fighting vegetarian's lawsuit over cheese sticks fried in beef fat
NEW YORK (Legal Newsline) – A vegetarian who was surprised Buffalo Wild Wings cooked her french fries and mozzarella sticks in oil containing a meat product is not giving up on her lawsuit against the popular restaurant chain. -
Second Circuit defers decision on credit card fee disclosure case until clarification from N.Y. high court
NEW YORK (Legal Newsline) – The U.S. Court of Appeals for the Second Circuit has sent the question of whether merchants who display credit card fees for customers still comply with state merchant laws to the New York Court of Appeals for certification. -
Conn. SC: Private school had duty to warn, protect against insect-borne disease on study abroad trip
The state Supreme Court, in a request for guidance by the U.S. Court of Appeals for the Second Circuit, also upheld a damages award of $41.5 million to the family of a private school student who contracted tick-borne encephalitis on a school-sponsored trip to China. -
Study: New York, California courts ‘magnets’ for workplace class actions
According to a Seyfarth Shaw LLP’s statistical study of class certification rulings in 2016, more conditional certification motions were granted within the U.S. Court of Appeals for the Second Circuit and Ninth Circuit than any other courts in the country. -
Appeals court reversal on Amazon consumer arbitration consent adds to controversy
NEW YORK (Legal Newsline) -- Online retailers are being plagued by an increasing number of lawsuits that assert they did not clearly and/or adequately inform consumers that in purchasing goods via the retailers' e-commerce sites they were agreeing to resolve any resulting problems via arbitration rather than the courts. -
Conn. court rules against volunteer's discrimination lawsuit
HARTFORD, Conn. (Legal Newsline) – The Connecticut Supreme Court has ruled that there is a clear delineation between an employee and a volunteer in an organization, drawing the line between who can claim discrimination. -
Second Circuit rules for Chevron, agrees $9.5 billion judgment against oil giant was product of fraud, racketeering
A three-judge panel of the U.S. Court of Appeals for the Second Circuit this week sided with the company, finding “no basis” for overturning the U.S. District Court for the Southern District of New York’s judgment in 2014. -
Second Circuit: Class can be decertified after jury verdict
Plaintiff Joseph Mazzei filed a class action against The Money Store, TMS Mortgage Inc. and HomEq Servicing Corp. for breach of contract, challenging the imposition of post-acceleration late fees on mortgages. Last month, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York, which granted the defendants’ post-verdict motion to decertify and entered judgment in favor only of Mazzei. -
Managers and supervisors can be sued individually by employees for FMLA violations, court rules
NEW YORK (Legal Newsline) – The U.S. Court of Appeals for the Second Circuit has ruled that some employees may be held individually liable for employment claims brought under the Family and Medical Leave Act, taking a split from other federal employment laws.