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2d Department holds operating room abuse is not an "adverse employment action"
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Appellate Division Second Department has issued its first decision interpreting the Supreme Court's ruling in Muldrow v. City of St. Louis, which two years ago relaxed the standard for…
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The rare Circuit Court ruling that takes the case out of mandatory arbitration
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Plaintiffs will do what they have to do to avoid arbitration. While arbitration is a legal proceeding that will resolve the case one way or the other, plaintiffs (and their…
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When can the police enter the house without a warrant?
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Fourth Amendment requires the police to get a warrant if they want to search your home or anyplace else within your control. But the Supreme Court has long interpreted…
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Gun dealer has standing to challenge City's "brick and mortar" requirement
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This gun rights case involves a New York City law that makes it illegal to purchase more than one gun every 90 days. Another City law under review requires applicants…
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County inmate has a substantive due process claim for arbitrary financial penalty
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This pro-se inmate in an upstate county jail wins his appeal in the Second Circuit, which finds that certain fines levied against him may violate the Constitution.The case is Bass…
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Pro-choice statute does not apply to medical fraud case against GEICO
By secondcircuitcivilrightsblogsecondcircuitcivilrig
After the public learned that the Supreme Court was about to overturn Roe v. Wade, the seminal abortion rights decision, New York enacted a law that makes it illegal to…
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Discrimination claim highlights distinction between federal law and NYC Human Rights Law
By secondcircuitcivilrightsblogsecondcircuitcivilrig
You don't see too many cases where lawyers are suing their former employers for discrimination. In this case, a lawyer sues Con Edison, claiming she was fired based on age…
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Substantive due process claim proceeds to trial in wrongful death case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Remember substantive due process? We learned about it in law school. It says that the Fourteenth Amendment recognizes an implied claim for a substantial rights violation even if the Constitution…
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Circuit applies "futility" rule in student disability cases
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The general rule is that if you want to sue a school district or the State of New York over the deprivation of your disabled child's rights in the educational…
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No due process claim for inmate who claims his disciplinary hearing was rigged against him
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Inmates have constitutional rights, but their constitutional rights are fewer once they enter the prison, which has security concerns to balance out the right of due process and other protections.…