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  • Anibowei v. Morgan

    Publication Date: 2023-07-03
    Practice Area: Civil Appeals | Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Richman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-10059

    An attorney, who filed suit against the federal government over alleged border patrol's searches of his cell phone, failed to prove on appeal that the trial court erred in finding that he failed to prove he was entitled to a preliminary injunction.

  • Braidwood Management v. EEOC

    Publication Date: 2023-07-03
    Practice Area: Civil Appeals | Civil Rights | Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-10145

    Appellant Braidwood is a management company that employs the workers of several Christian businesses and does not permit employment of individuals who engage in behavior Braidwood's owner considers sexually immoral or gender non-conforming.

  • The State v. Bly

    Publication Date: 2023-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Patsy Austin-Gatson, Brandon Delfunt, Ryan Smith, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.
    Case Number: A23A0153

    Court affirms motion to suppress evidence of narcotics seized during a traffic stop because officers had no reasonable suspicion of criminal activity to initiate that stop

  • Vitagliano v. County of Westchester

    Publication Date: 2023-06-29
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Plaintiff-Appellant: Mark L. Rienzi, Daniel L. Chen, Daniel M. Vitagliano, on the brief, Joseph C. Davis, The Becket Fund for Religious Liberty, Washington, DC.
    for defendant: For Eleanor McCullen, as amicus curiae: Edward M. Wenger, Caleb B. Acker, Andrew B. Pardue, Holtzman Vogel Baran Torchinsky & Josefiak PLLC, Washington, DC. For Defendant-Appellee: Justin R. Adin, Deputy County Attorney, Shawna C. MacLeod, Senior Assistant County Attorney, on the brief, John M. Nonna, Westchester County Attorney, Westchester County Attorney's Office, White Plains, NY. For Westchester Coalition for Legal Abortion-Choice Matters, Inc., Hope's Door, Westchester Women's Agenda, and Planned Parenthood Hudson Peconic, Inc., as amici curiae: Stephanie Schuster, Emily Booth, Tanya Tiwari, Caiti Zeytoonian, Bichnga T. Do, Morgan, Lewis & Bockius LLP, Washington, DC, Boston, MA, and Los Angeles, CA.
    Case Number: 23-30

    Pro-Life Sidewalk Counselor Shows Prosecution Threat, Injury for Article III Standing

  • H.C. v. New York City Dept. of Educ.

    Publication Date: 2023-06-29
    Practice Area: Administrative Law | Attorney Compensation | Education Law
    Industry: Education | State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Plaintiffs-Appellants: Andrew K. Cuddy, on the briefs, Benjamin M. Kopp, Cuddy Law Firm, P.L.L.C., Auburn, NY.
    for defendant: For Defendant-Appellee: Richard P. Dearing, Clause S. Platton, Julie Steiner, Jane L. Gordon, Jesse A. Townsend, MacKenzie Fillow, Kate Fletcher, Devin Slack, Philip W. Young, on the briefs, Rebecca Visgaitis, for Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, New York, NY. For Defendants-Counter-Claimants-Appellants: Benjamin M. Kopp, Cuddy Law Firm, P.L.L.C., Auburn, NY. For Plaintiff-Counter-Defendant-Appellee: Mark C. Rushfield, Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, NY.
    Case Number: 21-1582

    Case Complexity May Be Considered When Determining Reasonable Hours, Hourly Rate

  • Hughes Communications India Private Limited v. The DirecTV Group Inc.

    Publication Date: 2023-06-28
    Practice Area: Contractual Disputes | Technology Media and Telecom | Telecommunications
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Gerard E. Lynch
    Attorneys: For plaintiff: For Plaintiff-Appellant: William T. Marks, H. Christopher Boehning, Jonathan Hurwitz, on the brief, Kannon K. Shanmugam, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC.
    for defendant: For Defendant-Appellee: Matthew D. Ingber, Niketa K. Patel, Alina Artunian, Avi M. Kupfer, on the brief, Nicole A. Saharsky, Mayer Brown LLP, Washington, DC.
    Case Number: 21-3013-cv

    License Fee Is 'Tax', Assessment a 'Proceeding'; Indemnification Required Under APA

  • Howell v. Dyck ONeal

    Publication Date: 2023-06-26
    Practice Area: Civil Appeals | Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Court of Appeals
    Judge: Justice Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10-22-00036-CV

    A former homeowner, who filed suit to vacate a foreign judgment, failed to prove on appeal that the court had jurisdiction to hear the case.

  • Harmon v. Texas Southern University

    Publication Date: 2023-06-26
    Practice Area: Civil Appeals | Civil Rights | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Justice Bourliot
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-21-00125-CV

    A university employee, who had her lawsuit dismissed against the university on governmental immunity grounds, successfully proved on appeal that she was entitled to relief.

  • Magellan Tech. Inc. v. U.S. Food Drug Admin.

    Publication Date: 2023-06-23
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Myrna Perez
    Attorneys: For plaintiff: For Petitioner Magellan Technology, Inc.: Joseph A. Smith, Jessica Tierney, on the brief, Eric N. Heyer, Thompson Hine LLP, Washington, D.C.
    for defendant: For Respondent United States Food and Drug Administration: Samuel R. Bagenstos, General Counsel, U.S. Department of Health and Human Services, Wendy S. Vicente, Acting Deputy Chief Counsel for Litigation, U.S. Food and Drug Administration, William D. Thanhauser, Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration, Silver Spring, MD, of counsel, Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, Arun G. Rao, Deputy Assistant Attorney General, Civil Division, Gustav W. Eyler, Director, Consumer Protection Branch, Hilary K. Perkins, Assistant Director, Consumer Protection Branch, on the brief, David H. Hixson, Trial Attorney, Consumer Protection Branch, U.S. Department of Justice, Washington, D.C. For Amici Curiae 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations, in support of Petitioner: J. Gregory Troutman, Troutman Law Office, PLLC, Louisville, KY. For Amici Curiae Dr. David B. Abrams, Clive D. Bates, and Professor David T. Sweanor, in support of Petitioner: Mary G. Bielaska, Zanicorn Legal PLLC, New York, NY. For Amici Curiae Medical and Public Health Groups, in support of Respondent: Shawn Naunton, Zuckerman Spaeder LLP, New York, NY.
    Case Number: 21-2426

    Denial of Application to Sell Flavored Nicotine Did Not Violate APA, Was in FDA Authority

  • Sadler v. The State

    Publication Date: 2023-06-20
    Practice Area: Criminal Law | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jon Rhoades, (Attorney at Law), Lagrange, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Connor Dooley, (Troup County District Attorney’s Office), Lagrange, for appellee.
    Case Number: A23A0750

    Court vacates restitution order and remands for a new hearing on the fair market value of a vehicle before the defendant damaged it, and evidence of cost of repairs