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


EPA Sued for Toxic Paint Stripper

More than 50 people have died from common paint strippers, and laborers are suing the Environmental Protection Agency to stop the deadly trend.

The EPA proposed regulations to ban methylene chloride two years ago, but since then at least four more people have died from exposure to the toxic compound. In Labor Council for LatinAmerican Advancement v. United States Environmental Protection Agency, the plaintiffs say that's too many.

The nonprofit groups allege the environmental agency has delayed action long enough. They want the paint stripper banned now.

Last summer, the NAACP filed a lawsuit against the state of Connecticut over prison gerrymandering, and recently, the federal district court rejected the state's motion to dismiss, allowing the case to move forward towards summary judgment.

As the court explained, based upon the allegations, the NAACP and the several individual plaintiffs have adequately pled that the state's prison gerrymandering violates equal protection.

Now Convicted, Will 'El Chapo' Spend the Rest of His Life in Prison?

Joaquin "El Chapo" Guzman will surely be sentenced to life in prison, but will he stay there?

After a jury convicted the Mexican drug lord of all counts in a federal court, Judge Brian Cogan is expected to sentence Guzman to life without parole.

However, Guzman has been there before. Each time he escaped.

Woody Allen Sues Amazon Over Movie Deal

Love him or hate him, there's no denying Woody Allen always gets into awkward situations.

His off-beat, deer-in-the-headlights look has been the face of his humor for generations. His off-center, abnormal behavior, on the other hand, has been tragically unfunny.

According to reports, that dark side brought down a four-picture deal. In Gravier Products v. Amazon Content Services, however, Allen says his past had nothing to do with it.

A recently filed pair of proposed class action lawsuits in the New York District Court seek to hold Sony and UMG liable for ignoring the copyright termination notices they have received from countless musicians, including John Waite, Joe Ely, David Johansen, John Lyon, and Paul Collins.

The plaintiffs assert that these two music giants have rejected the copyright termination notices the artists sent citing various reasons, but primarily that the copyrights in question are works made for hire and thus don't qualify for termination. The plaintiffs disagree and are challenging whether sound recordings can even qualify as works made for hire.

Court: Unpaid Interns Don't Get Paid

Student interns don't usually expect to get paid, but Patrick Velarde wasn't that kind of intern.

Velarde attended a beauty school, and performed cosmetology services at the student salon as part of his training. But he thought he should be paid for his services, so he sued.

In Velarde v. GW GJ, Inc., the U.S. Second Circuit Court of Appeals disagreed. Basically, a vocational school doesn't have to pay students to work for their education.

A prison power outage is always a big deal these days where so much security-related tech relies on electricity. But when you couple the loss of heat and hot water with unseasonably cold winter temperatures, it's a recipe for a humanitarian crisis.

According to the plaintiffs bringing the action, the Brooklyn Metropolitan Detention Center failed to take appropriate steps to take care of the detainees and inmates in their custody after the power outage and heating failure. The complaint alleges that many went without hot food, hot showers, clean laundry, and, most importantly, heat. Additionally, the facility refused to allow both attorney and social visits during that time, which a federal judge has already ruled violated the Sixth Amendment and issued an temporary injunction requiring attorney visits be commenced immediately.

Judge Orders Government to Remove Citizenship Question from Census

Finding a government decision "arbitrary and capricious," a federal judge ordered the Trump administration to remove a citizenship question it added to the 2020 census.

In State of New York v. United States Department of Commerce, Judge Jesse Furman said the question violated statutory but not constitutional law. The judge said the Secretary of Commerce violated the public trust by including the citizenship question in the census.

The question? "Is this person a citizen of the United States?" The answer? None required, the judge said.

The litigation between Airbnb and New York City is starting to heat up as the like-Uber-but-for-hotels company won a rather and significant motion in federal court.

Airbnb successfully moved for a preliminary injunction blocking NYC's latest anti-Airbnb law that would have required the company to send monthly reports to city investigators, providing private data on their hosts. And while the newly emerged short-term rental market is a big problem in places suffering from an affordable housing shortage, a federal judge ruled that the law goes too far, and appears to violate the Fourth Amendment rights of the Airbnb hosts.

Judge Clears Runway for Suit Against Airline Search

A federal judge refused to dismiss a lawsuit accusing customs agents of illegally searching airline passengers.

In Amadei v. Duke, the agents allegedly wouldn't let the passengers off a domestic flight unless they proved their identity. The agents said they were following procedure, but they did not find the person they were looking for.

Judge Nicholas Garaufis said the plaintiffs made a plausible claim that the search was unwarranted and allowed their case to proceed. As for the defendants, the judge said he will take them at their word.