United States Second Circuit - August 2019 Opinion Summaries

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Description Date Docket #

Biondo v. Kaledia Health

United States Second Circuit
Civil Procedure
Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the...
08/19/2019 18-1375

Bentley v. AutoZoners, LLC, et al.

United States Second Circuit
Labor & Employment Law, Civil Procedure
Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of...
08/19/2019 18-2441-CV

New York State Citizens’ Coal. For Children v. Poole

United States Second Circuit
Juvenile Law, Family Law
Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980...
08/16/2019 14-2919

United States v. Ryan et al.

United States Second Circuit
Sentencing
Affirmed. The panel affirms the district court’s application of a four-level enhancement to a defendant who either sells a firearm and drugs to a...
08/16/2019 17-3919(L)

US v. Brown

United States Second Circuit
Sentencing
Affirmed in part, remanded in part. Encountering uncertainty whether sentencing judge was aware of the discretion authorized by Dean v. United States,...
08/16/2019 18-434-cr

Van Buskirk v. The United Group of Companies

United States Second Circuit
Civil Procedure
Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district...
08/16/2019 18-1469-cv

Menaker v. Hofstra University

United States Second Circuit
Civil Rights, Education Law
Vacated and remanded. Finding the district court’s decision conflicts with 2nd Circuit precedent in Doe v. Columbia University, the judgement...
08/15/2019 18-3089-cv

Lubavitch v. Litchfield Historic District Commission

United States Second Circuit
Attorney's Fees
Affirmed. Finding that events occurring after judgement was entered do not matter, the panel affirms the district court’s award of attorney’s fees and...
08/14/2019 18-1820-cv(L)

Kayheem Lilly v. The City of New York, et al.

United States Second Circuit
Civil Procedure, Attorney's Fees
Affirmed in part. Due to the case’s simplicity, the district court’s decision to reduce Lilly’s attorney’s “reasonable hourly rate” is affirmed. Fees...
08/14/2019 17-2823(L)

Doctor’s Associates, Inc. v. Alemayehu

United States Second Circuit
Contracts
Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the...
08/14/2019 18-1865-cv