U.S. Second Circuit: August 2012 Archives
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

August 2012 Archives

Wrong Words Will Cost You Under FDCPA

Words matter when your communications are scrutinized under the Fair Debt Collection Practices Act (FDCPA). For example, there’s a different between “ineligible for bankruptcy discharge” and “presumptively nondischargeable.”

Federal courts quantify that difference through damages. Which brings us to a recent decision from the Second Circuit Court of Appeals.

Court Affirms High School Coach's Child Porn Sentence

It looks like Todd J. Broxmeyer's legal luck ran out in 2010.

In 2008, a jury found the former high school field hockey coach guilty of producing child pornography and transporting a minor across state lines with the intent to engage in criminal sexual activity, among other crimes. The victims in the case were teenage girls who Broxmeyer coached.

The Second Circuit Court of Appeals reversed three of Broxmeyer's convictions in 2010, but upheld his 30-year sentence for attempting to produce child pornography this week.

Bin Laden Aide Loses Videoconferencing Appeal

Five appellate courts have considered whether videoconferencing qualifies as "presence" for sentencing. Five appellate courts have ruled that it doesn't.

The Second Circuit Court of Appeals has yet to actually consider this issue, but nonetheless ruled this week that a Bin Laden aide was not prejudiced by attending his resentencing via videoconference, reports The Associated Press.

School Officials to Head Back to Court Before Going Back to School

The first day of school in Wolcott, Conn. is August 29, but two public school employees in the central Connecticut town might be more focused on “back to court” than “back to school” this week.

The Second Circuit Court of Appeals ruled on Tuesday that parents of a biracial student can proceed with deliberate indifference claims against educators who they claim stood by while white students hurled racial epithets at their 5-year-old, reports Thomson Reuters News & Insight.

Yes, you read that correctly: Five and six-year-olds are slinging slurs in Connecticut.

Will Judge Jed Rakoff Get by with a Little Help from His Amici?

Just when U.S. District Judge Jed Rakoff was about wallow in his robes crying, "No one understands me" like a 17-year-old girl in a young adult novel, The Wall Street Journal reports that a group of law professors have stepped up to say that Rakoff was well within his power to reject the proposed settlement between the Securities and Exchange Commission (SEC) and Citigroup.

Last November, Judge Rakoff blocked the settlement over a mortgage-bond deal because the SEC didn't provide the court with facts "upon which to exercise even a modest degree of independent judgment." In the opinion, which described the $285 million settlement as "pocket change," Judge Rakoff noted that "there is an overriding public interest in knowing the truth," and the SEC "has a duty ... to see that the truth emerges." Instead of disposing of the matter, Judge Rakoff ordered to parties to move forward with a trial.

Second Circuit OKs Google Books Class Certification Challenge

Google has changed how we search, email, and navigate. It’s altered how we tell our friends to find their own answers. It’s a part of the zeitgeist.

Google also dreams of changing the way that we read books, but achieving that dream is a legal nightmare that has made its way to the Second Circuit Court of Appeals.

Bring It On: 2nd Cir Affirms Title IX Cheering Decision

Quinnipiac University is known for its polling institute, not its athletic programs, but it still has to comply with Title IX.

When the school announced in March 2009 that it would eliminate its varsity sports teams for women's volleyball, men's golf, and men's outdoor track and field, while simultaneously creating a new varsity sports team for women's competitive cheerleading, five disgruntled volleyball players took to a different kind of court, and spiked a Title IX lawsuit into Quinnipiac's lap.

This week, the Second Circuit Court of Appeals affirmed a district court decision finding that Quinnipiac's sports shift created disparities in athletic program participation in violation of Title IX.

No Evidence of Racial Profiling Policy in East Haven Shooting

Some East Haven cops may be reprehensible people, but it's not the police department's policy to be reprehensible.

This isn't a po-tay-to/po-tah-to distinction; there's a $900,000 difference between policy and coincidence, according to the Second Circuit Court of Appeals.