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By Bergstein & Ullrich Visit the blog
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Plaintiff lose political affiliation case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals holds that three Program Integrity Officers who worked for the Orange County Sheriff cannot sue for First Amendment/political affiliation retaliation because they held political jobs, which…
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Court broadly interprets the Ending Forced Arbitration Act
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Second Circuit has clarified the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), holding that when the EFAA applies, it prevents enforcement of…
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Long Island Native American mascot dispute is revived on appeal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
You may not be aware of this, but a culture war has been brewing on Long Island in recent years over the use of mascots featuring Native American imagery. The…
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Second Circuit rewrites the rules for associational standing in Section 1983 cases
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Second Circuit has overruled a 1973 precedent that barred organizations from bringing § 1983 lawsuits on behalf of their members. This ruling makes it easier for organizations to sue…
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Second Circuit says border agents can search cellphones without suspicion
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Second Circuit has held that federal agents can search your cellphone when you enter the United States without a warrant or reasonable suspicion.. The case is United States v.Alisigwe,…
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2d Circuit interprets the Ending Forced Arbitration Act (Newton v. LVMH Part III)
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has issued an important ruling on the scope of the Ending Forced Arbitration Act (EFAA), holding that a high-profile sexual harassment plaintiff cannot avoid arbitration on…
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Plaintiff successfully pleads retaliation claim (Newton v. LVMH Part II)
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has provided further guidance on how to determine if a Title VII retaliation plaintiff pleads a causal link between her protected activity and the adverse action,…
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Plaintiff engaged in protected activity in declining to meet with supervisor about settling her pending sexual harassment claims (Newton v. LVMH Part I)
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has reinstated a Title VII lawsuit that alleged that management retaliated against a lawyer for a prominent international firm after she filed a sex discrimination lawsuit…
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For appellate junkies only
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This is a case for appellate junkies. The Court of Appeals decides whether it even has jurisdiction -- or authority -- to resolve the appeal. Actually, this is not just…
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Second Circuit clarifies prior ruling on reasonable accommodations in religious discrimination cases
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has clarified a prior ruling interpreting Title VII's requirement that the plaintiff prove she was denied a reasonable accommodation because of her religion. The clarification does…