Blog
Wait A Second!
By Bergstein & Ullrich Visit the blog
135 published works
Wait A Second!
Due process, even for convicted sex offenders
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In this due process case, a convicted sex offender charges the state with failing to secure him appropriate housing upon his release from prison. The Court of Appeals finds he…
Wait A Second!
Court of Appeals vacates Rule 11 sanctions in Starbucks coffee case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In the movie A Civil Action, a lawyer representing the big, bad chemical company moves for Rule 11 sanction against the plaintiff's mass-tort lawyer played by John Travolta. The story…
Wait A Second!
Another false arrest case bites the dust
By secondcircuitcivilrightsblogsecondcircuitcivilrig
For the second time this month, the Court of Appeals has reversed the trial court in finding that false arrest plaintiff cannot sue law enforcement due to qualified immunity --…
Wait A Second!
False arrest case is dismissed on qualified immunity grounds
By secondcircuitcivilrightsblogsecondcircuitcivilrig
False arrest cases are often dismissed prior to trial because the police are able to prove they had probable cause to arrest the plaintiff. Even if the charges against the…
Wait A Second!
District court abused its discretion in resolving summary judgment motion under Rule 12 standard
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has reinstated an employment discrimination lawsuit because, although the defendants moved for summary judgment under Rule 56, the trial court instead dismissed the case under the…
Wait A Second!
Supreme Court rules for religious parents in public school gender-transitioning case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Without hearing oral argument, the Supreme Court has ruled that religious parents in California are likely to win their case challenging a state law that bars public schools from telling…
Wait A Second!
Esoteric statute of limitations issue under the Federal Tort Claims Act
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This personal injury case arises from a workplace accident at Long Island MacArthur Airport in 2021 that injured the plaintiff, who sues under the Federal Tort Claims Act. Plaintiff sued…
Wait A Second!
"Ghost guns" case returns to trial court to decide whether New York can regulate them
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The State of New York has sued certain gun manufacturers for selling materials that allow you to make "ghost guns," defined as homemade guns that lack serial numbers and are…
Wait A Second!
Court of Appeals sidesteps separation-of-powers arguments relating to the NLRB and other federal agencies
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Here is a case for the modern age: the National Labor Relations Board proceeded against certain health care facilities, claiming they were denying the labor rights of their employees. But…
Wait A Second!
New York Court of Appeals finds search may have violated Fourth Amendment
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The rules under the Fourth Amendment's prohibition against unreasonable searches and seizure are so complex and nuanced that only lawyers and judges understand them and, even then, judges sometimes do…