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

October 2014 Archives

2nd Circuit Revives Fatal Dog Shooting Lawsuit From Conn.

The police got a tip: There are guns stashed in an abandoned Nissan Maxima in the yard behind a certain house on Enfield Street.

Fair enough. Hartford cops JohnMichael O'Hare and Anthony Pia went to the address to look for the guns, but ran head-first into Seven, the family's St. Bernard. Long story short, they shot Seven multiple times in front of K.H., a then-12-year-old girl, leading to the dog's death.

The district court allowed an exigent circumstances defense, and the jury sided with the defendants. But the Second Circuit overturned that verdict Thursday, holding that there was not sufficient evidence of exigent circumstances and that qualified immunity doesn't apply.

Half-Uncle's Marriage to Half-Niece Not Incestuous: N.Y. Court

What is incest, really? Back in February, we mentioned that the Second Circuit had certified that question to the New York Court of Appeals. Huyen Nguyen became a conditional permanent resident of the United States in 2000 thanks to her marriage to Vu Truong, a U.S. citizen. Nguyen petitioned to have the conditions removed.

USCIS did some investigating and found out that Troung was Nguyen's half-uncle. It declared the marriage incestuous and void. On appeal, the Second Circuit wasn't so sure.

NBC, Interns Agree to Settlement Over Unpaid Internships

Back in 2013, several interns sued NBCUniversal, alleging unfair labor practices. Basically, they claimed NBC was using unpaid or underpaid interns to do the actual work that properly paid employees should be doing. The lawsuit struck in the middle of a nationwide debate about the role of the "unpaid intern."

Yesterday, NBC Universal agreed to a $6.4 million settlement with the interns. It now goes to Judge Ronald Ellis of the U.S. District Court for the Southern District of New York for approval, according to The Hollywood Reporter.

It's Not Just You: PACER Down for Migration This Week in 2nd Cir.

Having trouble using CM/ECF filing and PACER? It's not just you -- the Second Circuit's CM/ECF/PACER system is only going to be semi-functional this week as the court migrates to the "NextGen CM/ECF" system.

What do you do if you need to submit filings under deadline? CM/ECF filing was suspended at noon today, so for now, you'll have to party like it's 1995 and use email attachments. As for case dockets and documents, that part of the system will be online until midnight on Friday, then closed until noon on Monday. If you were looking for a good excuse to take a long weekend, this is it.

Here are the full details on the service interruption and the "eboxes" filing procedures that are in place until Monday:

2 Is the Loneliest Circuit: Only 1 SCOTUS Grant So Far This Term

Thus far, the Supreme Court has granted cert. to only one case from the Second Circuit. Gelboim v. Bank of America is a civil action brought by several investors against several banks, arising out of the LIBOR scandal of a few years ago.

LIBOR -- the London Interbank Offered Rate -- is an important interest rate in worldwide banking. It was discovered that several banks colluded to manipulate the interest rate, harming investors by giving them a lower interest rate on financial products than they would have had otherwise.

2nd Cir. Allows JPMorgan Employee's Whistleblower Suit to Proceed

In a nonprecedential yet significant order, a panel of the Second Circuit vacated the district court's grant of summary judgment in Sharkey v. J.P. Morgan Chase and remanded for further proceedings.

Jennifer Sharkey was a manager in the Private Wealth Management division of JPMorgan Chase & Co. Part of her job involved assessing client risk. One client in particular seemed fishy to her: She was unsure where his money was coming from, the client had a history of having millions of dollars go missing, and he didn't always provide the information she asked for.

2nd Cir. Enjoins Indian Tribe's Payday Loan Business in N.Y.

How lucrative are "check cashing" businesses? Pretty lucrative, but states are increasingly regulating these bank-like industries that charge extremely high interest rates. Enter the Indian tribes! Payday lenders are teaming up with Indian tribes to utilize tribal sovereignty as an end-run around state usury laws, which the lenders claim don't apply to loans made on tribal land. As a result, the legality of these operations is a serious question. From Minnesota to California, states are cracking down on these tribal lending operations.

Yesterday, the Second Circuit Court of Appeals dealt a bit of a death blow to a New York-based Indian payday lender.