Second Circuit Holds That Plaintiff’s Mental Disability Was Not “Excusable Neglect” For Extension Under Fed. R. App. P 4(a)(5)

In Alexander v. Saul, No. 19-3370 (2d Cir. July 8, 2021), the Second Circuit affirms a district court decision holding that plaintiff’s post-traumatic stress disorder, bipolar disorder, and opioid use disorder was not “excusable neglect” to justify an extension of time to file a notice of appeal, in a case where plaintiff failed to keepContinue reading “Second Circuit Holds That Plaintiff’s Mental Disability Was Not “Excusable Neglect” For Extension Under Fed. R. App. P 4(a)(5)”

Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing

In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article III standing. New York’s mortgage-satisfaction-recording statutes, N.Y. Real P. Law (“R.P.L.”) § 275, N.Y. Real P. Actions & Proc. L. (“R.P.A.P.L.”) § 1921, provides anContinue reading “Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing”

Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes

In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310 (2d Cir. Apr. 27, 2021), the Second Circuit holds that state-law claims for an intraoffice data leak may constitute an “actual injury” for Article III standing purposes, though in this case plaintiffs factually failed to allege an injury for taking “proactive measures.” Defendant CLA “providesContinue reading “Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes”

Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels

In City of New York v. Chevron Corp., No. 18-2188 (2d Cir. Apr. 1, 2021), the Second Circuit affirms a decision dismissing, on federal common law grounds, a tort action brought by New York City against five major international oil companies (Chevron, ConocoPhillips, ExxonMobil, Royal Dutch Shell, and BP, collectively “Producers”) for the harms causedContinue reading “Second Circuit Holds That Federal Common Law Defeats State-Law Tort Suit For Production and Sale of Fossil Fuels”

Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled

In Int’l Techs. Mktg., Inc. v. Verint Sys., Ltd., No. 19-1031 (2d Cir. Mar. 16, 2021), the Second Circuit vacates and remands an order denying sanctions, reiterating that “a court need not wait until it is defrauded before it may impose monetary sanctions on a party who knowingly prosecutes a frivolous claim in bad faith.”Continue reading “Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled”

Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit

In Jin v. Shanghai Original, Inc., No. 19-3782 (2d Cir. Mar. 9, 2021), the Second Circuit holds that although a prevailing party ordinarily does not have standing to appeal, a plaintiff who was also a class representative may nevertheless appeal the decertification of the class. Plaintiff Jin successfully moved to certify a Fed. R. Civ.Continue reading “Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit”

Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term

In Electra v. 59 Murray Enterprises, Inc., No. 19-235 (2d Cir. Feb. 9, 2021), the panel – while reviewing summary judgment in a New York Civil Rights Law §§ 50 and 51 action – holds that plaintiffs had not accepted a Fed. R. Civ. P. 68 offer of judgment because of an ambiguity in theContinue reading “Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term”

Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand

In Razmzan v. United States, No. 19-227 (2d Cir. Jan. 26, 2021), the panel holds that removal of an action from state court under 28 U.S.C. § 1442, for federal officer or agent removal, was supported by the factual allegations and that the district court’s remand order could be reviewed on appeal under 28 U.S.C.Continue reading “Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand”

County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit

In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”

$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit

In United States v. Wasylyshyn, No. 18-1344 (2d Cir. Nov. 3, 2020), the Second Circuit affirms a misdemeanor conviction for creating a “loud or unusual noise or a nuisance” in the courthouse, in violation of 41 C.F.R. § 102-74.390(a) (the “Noise Regulation”). Defendant Wasylyshyn arrived at the Federal Building and U.S. Courthouse in Binghamton, NewContinue reading “$50 Fine for Raising A Ruckus in a Federal Courthouse Lobby Upheld by Second Circuit”