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  • Free Speech Coal., Inc. v. Paxton

    Publication Date: 2024-03-25
    Practice Area: Civil Appeals | Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-50627

    H.B. 1181 was set to take effect on September 1, 2023 and imposed new standards on commercial pornographic websites, requiring age verification of visitors and the display of health warnings about the effects of consuming pornography.

  • United States v. Duffey

    Publication Date: 2024-02-19
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Justice Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-10265

    Appellants Corey Duffey, Jarvis Ross, and Tony Hewitt were initially convicted in 2009 for numerous counts related to conspiracy, attempted bank robbery, bank robbery, and using a firearm in furtherance thereof.

  • Consolidated Restaurant Operations, Inc., Appellant, v. Westport Insurance Corporation, Respondent.

    Publication Date: 2024-02-16
    Practice Area: Covid-19 | Insurance Litigation
    Industry: Food and Beverage | Insurance
    Court: Court of Appeals, New York State
    Judge: Associate Judge Caitlin Halligan
    Attorneys: For plaintiff: Robin L. Cohen, for appellant.
    for defendant: Aidan M. McCormack, for respondent.
    Case Number: No. 7

    Consolidated Restaurant Operations v. Westport Insurance Corporation

  • Roe v. St. John's University

    Publication Date: 2024-02-09
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Robert D. Sack
    Attorneys: For plaintiff: For Plaintiff-Counter-Defendant-Appellant: Michael Valentine, on the brief, The Law Office of Michael Valentine, Brooklyn, NY, Peter G. Eikenberry, Law Office of Peter G. Eikenberry, New York, NY.
    for defendant: For Defendant-Appellee: Michael J. Goettig, on the brief, Lyle S. Zuckerman, Davis Wright Tremaine LLP, New York, NY. For Defendant-Counter-Claimant-Appellee: Victoria L. Stork, on the brief, Baker & Hostetler LLP, New York, NY, Chardaie C. Charlemagne, Baker & Hostetler LLP, San Francisco, CA.
    Case Number: 21-1125

    Inference of Sex Discrimination in University's Disciplinary Proceedings Not Raised

  • U.S. v. Aquart

    Publication Date: 2024-02-07
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Reena Raggi
    Attorneys: For plaintiff: For Appellee: Sandra S. Glover, Tara E. Levens, Assistant United States Attorneys, on the brief, Elena Lalli Coronado, Assistant United States Attorney, for Vanessa Roberts Avery, United States Attorney for the District of Connecticut, New Haven, CT.
    for defendant: For Defendant-Appellant: Monica Foster, Executive Director, Indiana Federal Community Defenders, Indianapolis, IN; David A. Moraghan, Smith Keefe Moraghan & Waterfall, LLC, Torrington, CT, on the brief, Daniel Habib, Federal Defenders of New York, Inc., New York, NY.
    Case Number: 21-2763-CR

    New Life, Other Sentences Upheld; Double Jeopardy Not Violated by Sentences

  • February 5, 2024 | The Legal Intelligencer

    Liability Is Just One Click Away!

    In Oberdorf v. Amazon.com, the plaintiff filed suit against Amazon alleging the product she purchased from a third-party vendor was defective. Although the U.S. District Court for the Middle District of Pennsylvania held Amazon was not a "product seller" within the meaning of Section 402A, the U.S. Court of Appeals for the Third Circuit disagreed, finding that Amazon qualified as a product seller, thus expanding the scope of strict products liability to include online sales platforms.

    7 minute read

  • Kimble v. Opteon Appraisal Inc.

    Publication Date: 2024-01-31
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. District Court for the Western District of New York, U.S. - WDNY
    Judge: Magistrate Judge Mark W. Pedersen
    Attorneys: For plaintiff: For Plaintiff: Bruce E. Menken, Esq., Jason J. Rozger, Esq., Beranbaum Menken Ben-Asher & Bierman LLP.
    for defendant: Bryan J. Schwartz, Esq., Bryan Schwartz Law, Oakland, CA. For Defendant: William J. Anthony, Esq., Littler Mendelson, P.C., New York, NY. Riane F. Lafferty, Esq., Littler Mendelson, P.C., Fairport, NY.
    Case Number: 23-CV-6399

    Out-of-State Plaintiffs Cannot Join FLSA Collective Action; Equitable Tolling Is Denied

  • Kravitz v. Purcell

    Publication Date: 2023-12-04
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Steven J. Menashi
    Attorneys: For plaintiff: For Plaintiff-Appellant: Jay S. Kravitz, pro se, Earlton, NY.
    for defendant: For Defendants-Appellees: Barbara D. Underwood, Solicitor General, and Judith N. Vale, Deputy Solicitor General, on the brief, Mark S. Grube, Assistant Solicitor General, for Letitia James, Attorney General of the State of New York, New York, NY.
    Case Number: 22-764

    §1983 Plaintiff Need Not Show Substantial Burden to Prevail on First Amendment Claim

  • Ryniker v. Sumec Textile Co. Ltd.

    Publication Date: 2023-12-01
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Plaintiff-Appellant: Schuyler Carroll, P. Gregory Schwed, on the brief, Noah Weingarten, Loeb & Loeb LLP, New York, New York.
    for defendant: Sumec Textile Company Limited, Defendant-Appellee
    Case Number: 23-60-bk

    Circuit Lacks Jurisdiction Over Litigation Administrator's Appeal of Interlocutory Order

  • Wiggins v. Griffin

    Publication Date: 2023-11-27
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam Per Curiam
    Attorneys: For plaintiff: For Plaintiff-Appellant Robert E. Wiggins: Meredith Kotler, Andrew Henderson, and Matthew Steyl, on the brief, Jennifer Loeb, Freshfields Bruckhaus Deringer US LLP, New York, NY.
    for defendant: For Defendants-Appellees Thomas Griffin, M. Kopp, D. Howard, and Dr. G. Jebamani: Barbara D. Underwood, Solicitor General, and Judith N. Vale, Deputy Solicitor General, on the brief, Eric Del Pozo, Assistant Solicitor General, for Letitia James, Attorney General of the State of New York, New York, NY.
    Case Number: 21-533

    Correctional Facility Officials Substantially Burdened Inmate's Religious Exercise