In United States ex rel. Weiner v. Siemens AG, No. 22-2656_(2d Cir. Nov. 28, 2023), the panel vacates dismissal of a False Claims Act (FCA) for failure of service of process, holding that the time for service under Fed. R. Civ. P. 4(m) never triggered because the court never ordered service under 31 U.S.C. §Continue reading “Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint”
Tag Archives: Second Circuit
District Court Erred in Denying Prisoner Leave to Proceed In Forma Pauperis Under 28 U.S.C. § 1915 on Ground That Prison Provided Him “Necessities of Life,” Second Circuit Holds
In Rosa v. Doe, No. 21-2628 (2d Cir. Nov. 20. 2023), the Second Circuit holds that the district court abused its discretion in denying a prisoner in forma pauperis status under 28 U.S.C. § 1915 on the ground that his “necessities of life” were furnished by the prison. “On April 5, 2021, Rosa filed aContinue reading “District Court Erred in Denying Prisoner Leave to Proceed In Forma Pauperis Under 28 U.S.C. § 1915 on Ground That Prison Provided Him “Necessities of Life,” Second Circuit Holds”
Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion
In Rossbach v. Montefiore Med. Cntr., No. 21-2084 (2d Cir. Aug. 28, 2023), the Second Circuit joins other courts in holding that the Seventh Amendment does not require a jury trial to evaluate a claim of evidence fabrication and spoliation under Fed. R. Civ. P. 37(e) and 28 U.S.C. § 1927. The district court dismissedContinue reading “Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion”
Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party
In Havens v. James, No.20-664_(2d Cir. Aug. 4, 2023), a split Second Circuit panel holds that under Fed. R. Civ. R. 65(d)(2), that for a non-party to be subject to an injunction as acting in “active concert or participation,” they must act with the purpose of benefiting or assisting an enjoined party. The panel majorityContinue reading “Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party”
Second Circuit Joins Other U.S. Courts of Appeals in Holding That Rooker-Feldman Does Not Apply to a State Case That Is Still on Appeal in State Court
In Hunter v. MacMahon, No. 21-1473 (2d Cir. July 21, 2023), the Second Circuit joins the First, Third, Fifth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that the Rooker-Feldman doctrine does not extend to a federal lawsuit challenging the effects of a state-court judgment when a state-court appeal from that judgment remains pending.Continue reading “Second Circuit Joins Other U.S. Courts of Appeals in Holding That Rooker-Feldman Does Not Apply to a State Case That Is Still on Appeal in State Court”
Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case
In Phoenix Light SF Ltd. v. Bank of N.Y. Mellon, No. 22-239 (2d Cir. Apr. 26, 2023), the Second Circuit holds that it does not need to reach a complex Article III standing issue when the case could be decided on a straightforward issue of issue preclusion. “[W]e join the Ninth Circuit in concluding thatContinue reading “Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case”
Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order
In RSS WFCM2018-C44 – NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. Feb. 13, 2023), the Second Circuit holds in a matter of first impression for the circuit that a foreclosure order that also “refers the case to a magistrate judge to calculate the amount of the judgment of foreclosureContinue reading “Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order”
Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias
In United States v. Nieves, No. 21-1901 (2d Cir. Jan. 26, 2023), the Second Circuit took the rare step of tossing a criminal conviction because “the district court abused its discretion by failing to take any of several possible steps that could have effectively screened prospective jurors for [anti-gang] bias.” Defendant Nieves was charged withContinue reading “Second Circuit Vacates Conviction Because the District Court Did Not Permit Adequate Inquiry Into Juror Anti-Gang Bias”
Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict
In United States v. v. Blaszczak, No. 18-2811 (2d Cir. Dec. 28, 2022), the panelists disagree about whether a federal court owes deference to the Justice Department’s decision to abandon prosecution on a claim at the appeal stage. “This appeal returns to us on remand from the United States Supreme Court for further consideration, inContinue reading “Split Second Circuit Panel Debates Judicial Deference to Prosecutorial Discretion to Dismiss a Prosecution That Has Already Been Tried to Verdict”
Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)
In Publicola v. Lomenzo, No. 22-795 (2d Cir. Nov. 29, 2022), the Second Circuit publishes an order dismissing an appeal after the plaintiff-appellant violated an order to file their appeal under their real name. “In December 2021, Appellant commenced this action under 42 U.S.C. § 1983 against the Town of Penfield, the NYSLRB, current andContinue reading “Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)”
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