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Nov 27, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
Martin Flumenbaum, left, and Brad S. Karp News The authors write "The ADA prohibits discrimination against individuals with disabilities. Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by employers—including private employers, state and local governments, employment agencies and labor unions—with 15 or more employees." November 27, 2024 at 10:00 AM 7 minute read In Yerdon v. Poitras, --- F.4th ---, 2024 WL 4674339 (2d Cir.
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Oct 30, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp |Alexi Polden
U.S. Courthouse, Eastern District of New York in Brooklyn, New York. Photo: Ryland West/ALM "the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population." October 30, 2024 at 10:00 AM 6 minute read In People of the State of New York v.
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Sep 25, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
With the U.S. Supreme Court beginning its October Term 2024 in the coming weeks, we conduct our 40th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term. The Supreme Court’s October Term 2023 was a consequential one.
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Aug 29, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In Windward Bora v. Browne, 110 F.4th 120 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit considered whether the state domiciles of an LLC’s permanent resident members are relevant to determining diversity jurisdiction. In a unanimous opinion authored by Circuit Judge John M. Walker Jr. and joined by Circuit Judges Steven J. Menashi and William J.
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Jul 29, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In KC v. Garland, ____ F.4th ____ (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit addressed whether death threats are sufficient to establish that an asylum applicant has faced past persecution. In a unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Chief Judge Debra Ann Livingston and Senior Circuit Judge José Cabranes, the Second Circuit rejected a per se rule that an asylum applicant who has received death threats has demonstrated past persecution.
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Jun 25, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In Fuld v. PLO, the U.S. Court of Appeals for the Second Circuit denied a petition to rehear en banc a pair of panel decisions addressing whether federal courts can exercise personal jurisdiction over foreign entities in suits brought under the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”). Judge Steven J. Menashi dissented from the denial of the en banc petition, joined by Chief Judge Debra Ann Livingston, Judge Michael H. Park, and Judge Richard J. Sullivan.
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May 22, 2024 | 
feeds.feedblitz.com | Brian Lee |Martin Flumenbaum |Brad S. Karp |Andrew Denney
Citing the sometimes two-year wait for New York civil and criminal cases to be adjudicated, a lobbying effort behind the No Cap Act reached Albany on Wednesday, proposing to lift the population-based cap on state Supreme Court judges through a constitutional amendment. The Senate passed the measure in March, for the second year in a row, and Gov. Kathy Hochul included the proposal in her executive budget. Want to continue reading?
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May 21, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In Brinkmann v. Town of Southold, 96 F.4th 209 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution. The question was arguably left open by the Supreme Court in its landmark Takings Clause decision in Kelo v.
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Apr 26, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge, the U.S. Court of Appeals for the Second Circuit considered whether the district court properly dismissed plaintiffs’ complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing. – F.4th –, 2024 WL 1471268 (2d Cir. April 5, 2024).
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Mar 27, 2024 | 
law.com | Martin Flumenbaum |Brad S. Karp
In Behrens v. JPMorgan Chase Bank N.A., — F.4th —, 2024 WL 1080026 (2d Cir. Mar. 13, 2024), the U.S. Court of Appeals for the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly. In a unanimous opinion authored by Circuit Judge Dennis Jacobs and joined by Circuit Judges Richard C.
