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

December 2012 Archives

Right now, the data from this blog is coming from a server in New York City. The only reason any of us know this is because our servers were temporarily offline after Hurricane Sandy. In fact, you almost never know where the data you are accessing, legally or illegally, is coming from.

Except when you are allegedly stealing that data from your employer.

No Private Right of Action for Certain FCRA Violations

Before you waste your time with a private right of action for a Fair Credit Reporting Act (FCRA) violation, make sure that the statute you're attempting to enforce provides for private suits.

As the Second Circuit recently ruled, many of FCRA's false statement provisions can only be enforced by state or federal authorities.

Second Circuit: Bolshevik-Seized Painting Belongs to the Met

If you hoped that the Second Circuit would help return your family's Bolshevik-seized masterpiece from a major museum this year, you're probably out of luck.

This week, the New York-based appellate court ruled that the act of state doctrine precludes such righting of wrongs from the Soviet past.

Blogging Unlikely to Lead to Millions

There are good reasons to become a blogger. You like making sassy comments. You have a pipe dream of building an Internet following that will lead to a book deal. You generally enjoy writing.

But you don't go into blogging for the money. Especially not for a piece of a $315 million pie. Seriously. You might have a better shot at winning the Powerball than making it big as a blogger.

40 Mercer is the Exception to the Exclusion

Luxury buildings are never just apartments. They’re homes, or condominiums, or exclusive living opportunities.

But, depending on how courts interpret an insurance contract, a chichi residential building like 40 Mercer can be an “apartment.”

Off-Label Use Promotion is Protected Free Speech

A recent Second Circuit Court of Appeals decision will make life a lot easier for pharmaceutical sales reps.

Monday, the appellate court ruled that a drug manufacturer's off-label use promotions are protected free speech, as long as such promotions are not false or misleading, Reuters reports.

Court Affirms $1M Indifference Verdict Against School District

Anthony Zeno moved from Long Island to Pine Plains, New York when he was 16. He enrolled at Stissing Mountain High School, a racially-homogenous school where minorities represented less than five percent of the student population. While at SMHS, Anthony — who the Second Circuit Court of Appeals described as “dark-skinned and biracial (half-white, half-Latino)” — endured three-and-a-half years of “racist, demeaning, threatening, and violent conduct” from his peers.

Anthony reported the bullying. Faculty and staff members reported issues. Anthony’s parents called school officials. Lawyers and the NAACP became involved.

Beyond disciplining students involved in incidents with warning or suspension, the Pine Plains Central School District didn’t implement remedial measures in response to the harassment.