Weekly case summaries from the U.S. 2nd Circuit Court of Appeals and related news, from FindLaw.com.
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U.S. Second Circuit
Digest for Week of February 8th, 2017

U.S. 2nd Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. 2nd Circuit Case Summaries


Cadle Co. v. Fletcher

February 6, 2017
Bankruptcy Law
(United States Second Circuit) - In an action claiming fraudulent transfer of assets, the district court's grant of summary judgment to plaintiff and denial of defendant's motion for summary judgment are affirmed where Conn.Gen. Stat. sections 52‐361a and 52‐367b do not exempt a judgment debtor's post‐garnishment residual wages from further execution to the Connecticut Supreme Court.
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Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

February 3, 2017
Health Law, Communications Law
(United States Second Circuit) - In an action alleging violations of of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. section 227, the district court's grant of defendant's Rule 12(b)(6) motion dismissing the complaint is vacated where an unsolicited fax inviting doctors to a free dinner meeting featuring a discussion of an ailment -- to which an upcoming product, as yet unapproved by the FDA, was aimed -- was not an 'unsolicited advertisement.'
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Sheng v. MTBank Corp.

February 2, 2017
Civil Rights, Labor & Employment Law
(United States Second Circuit) - In an employment action claiming violations of various state and federal statutes by not allowing plaintiff to work remotely when she became pregnant, the district court's judgment in favor of defendant is: 1) vacated in part as to the adoption of the jury verdict where the district court abused its discretion in admitting evidence of the reinstatement offer because the offer was, as a matter of law, not unconditional; and 2) vacated as to the disqualification order where the district court erred in sua sponte disqualifying the attorneys, because the disqualification depended on the erroneous admission of evidence relating to the reinstatement offer. The appeal is dismissed insofar as it pertains to claims under the Human Rights Law (NYSHRL) where we lack jurisdiction over appellant’s challenge to the district court’s NYSHRL ruling.
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U.S. 2nd Circuit Blog Posts


Deadlocked 2nd Cir Denies En Banc Rehearing in Overseas Data Case

Casey C. Sullivan, Esq.
January 26, 2017
Last summer, a three-judge Second Circuit panel ruled that the U.S. government could not force Microsoft to turn over email data stored on overseas servers. They rejected the government's warrant, issued pursuant to the Stored Communications Act, finding that...
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Court Confronts Sexual Orientation at Work

William Vogeler
January 25, 2017
The courts are in a delicate situation when it comes to discrimination based on sexual orientation in the workplace. "It's not about sex per se -- it doesn't matter who you slept with last night," attorney Susan Chana Lask...
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Court Restores EPA's Water Transfer Rule

William Vogeler
January 20, 2017
Turning the tide against environmentalists, a federal appeals court has upheld the Environmental Protection Agency's rule on water transfers. The Second Circuit Court of Appeals said the Water Transfers Rule is not subject to the National Pollutant Discharge Elimination...
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Court Hands Another Loss to Louis Vuitton; Couldn't Take 'My Other Bag' Joke

William Vogeler
January 11, 2017
It was no joke to Louis Vuitton, who sued the makers of canvas hand bags that show cartoon images of Louis Vuitton bags. Louis Vuitton apparently took umbrage that My Other Bag, Inc., was mocking the high-fashion company, which...
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Capitol Records Music Infringement Case Going to SCOTUS

William Vogeler
December 20, 2016
Can't I get a witness? Can't I get a witness? Capitol Records could have hoped so. The company lost at trial and then appeal over lip-dubbed music recordings, so now its lawyers are are going to the highest court...
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