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No disparate impact liability against third-party criminal screening company servicing apartment building
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This Fair Housing Act case alleges that a third-party vendor that screens the criminal records of applicants who want to live in residential apartments is liable for disparate impact against…
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What the Supreme Court did in the tariffs case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Supreme Court has struck down the far-reaching tariffs imposed by the Trump administration, finding that the statute invoked by Trump does not authorize them, and that ruling otherwise would…
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Title VII retaliation fails on summary judgment
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This case arises from the plaintiff's prior settlement agreement with the City University of New York, which stated that she would remain in her faculty position for two years, during…
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FIrst Department reinstates racial discrimination claim
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Appellate Division has reinstated a claim that a Black plaintiff was denied a promotion and fired because of his race. The First Department recognizes that the complaint asserts a…
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Court rejects proposed settlement between EEOC and labor union as not in the "public interest"
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In our world, if the case settles, then the case is over. Most civil rights cases settle privately and the court will issue an order dismissing the case without analyzing…
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Children have standing to challence the State's child placement laws
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This case examines the procedures in New York when a child is removed from their biological parents and the child's relatives want to provide care. Not everyone is allowed to…
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Defendant's medications were no barrier to plea bargain
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In this criminal case, the defendant pled guilty. In order to do that, the trial court has to make sure the defendant is pleading guilty voluntarily and that he knows…
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No speech retaliation claim where prison doctor criticized medication policy
By secondcircuitcivilrightsblogsecondcircuitcivilrig
First Amendment retaliation litigation has never been the same ever since the Supreme Court held in 2006 that it's not protected speech if the government worker speaks out pursuant to…
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Excessive force verdict is gone
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This qualified immunity case shows us what happens when the case is unique and the jury rules in your favor but the court determines later on that the case was…
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Supreme Court once again rejects heightened pleading in federal court
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Supreme Court does not often issue stand-alone rulings on pleading requirements in federal court, a curious track record since every lawsuit was once filed in the clerk's office and…