Redd v. Wright, No. 06-4315, involved a 42 U.S.C. section 1983 action arising out of plaintiff inmate's confinement in tuberculosis hold following his refusal to submit to tuberculosis testing.
The court of appeals affirmed summary judgment for defendant, on the grounds that 1) prior precedent did not "clearly foreshadow" a holding that the testing policy, as applied in this case, violated plaintiff's free exercise rights; 2) it could not reasonably be said that the defendants acted in violation of clearly established Eighth Amendment law by implementing the policy; and 3) it was not clearly established that plaintiff was entitled to some kind of notice that religious objectors could be exempt from the policy.
In re: Omnicom Group, Inc. Secs. Litig., No. 08-0612, involved a securities class action alleging that defendant fraudulently accounted for a transaction.
The Second Circuit affirmed summary judgment for defendants, holding that: 1) plaintiffs failed to prove loss causation because their expert's testimony did not suffice to draw the requisite causal connection between the information in the article at issue and the fraud alleged in the complaint; and 2) the generalized investor reaction of concern causing a temporary share price decline was far too tenuously connected -- indeed, by a metaphoric thread -- to the transaction to support liability.