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Railroad whistleblower will get his retaliation trial
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has reinstated a whistleblower retaliation lawsuit filed by a railroad employee who claims he suffered the consequences after he opposed their efforts to falsify railroad safety…
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Murder conviction sustained despite claim that jurors made racist remarks during trial
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The New York Court of Appeals has sustained murder verdict, rejecting the defendant's arguments that a racially-biased jury tainted the process. The case is State v. Wiggins, issued on November 26.…
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Second Amendment does not prohibit serial number obliteration prosecution
By secondcircuitcivilrightsblogsecondcircuitcivilrig
When the Supreme Court in 2008 ruled that the Second Amendment recognizes a personal right of gun ownership, it not only opened the door to lawsuits challenging gun-control regulations. We've…
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Free speech retaliation claim fails as speculative
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The plaintiff sued his employer, the Onondaga County Sheriff's Department, under the First Amendment, claiming he was disciplined for speaking out: that another officer was having a sexual relationship with…
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Circuit Court rejects proportionality in sizing up attorneys' fees under Vermont law
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This case is a lesson for attorneys, but also for clients. This whistleblower claim in Vermont went to trial, and the jury awarded the plaintiff over $3.2 million in damages.…