Tom McParland of New York Law Journal can be contacted at [email protected]. Follow him on Twitter @TMcParlandALM.
November 22, 2021 | New York Law Journal
After Winning Reprieve, Teachers Seek Broader Relief in Challenge to NYC's Vaccine MandateThe request came after a motions panel for the Second Circuit issued an order temporarily exempting the 15 individually named plaintiffs from the end-of-month deadline and establishing a new mechanism to have their exemption claims heard.
By Tom McParland
3 minute read
November 19, 2021 | New York Law Journal
Peloton Accused of Knowingly Misleading Investors About Post-Pandemic GrowthPeloton's flagship product became emblematic of maintaining a healthy lifestyle during lockdown. But the complaint said it had "repeatedly, falsely assured" investors that its success was not a result of the pandemic, but rather sustainable growth that would continue even after the health crisis waned.
By Tom McParland
3 minute read
November 18, 2021 | New York Law Journal
College Student Sues to Stop Enforcement of CUNY Vaccine MandateThe complaint argued that the CUNY policy "irrationally" targeted students over faculty or other employees, and discriminated against those who refused to take the vaccine due to sincerely held religious beliefs.
By Tom McParland
3 minute read
November 17, 2021 | New York Law Journal
'A Very Inside-the-Box Pick': In Choosing to Elevate Nathan, White House May Signal Shift in Approach to 2nd CircuitUntil now, the administration has looked outside the federal bench to fill Second Circuit vacancies and fulfill Biden's pledge to add both professional and demographic diversity.
By Tom McParland
4 minute read
November 17, 2021 | New York Law Journal
2nd Circuit Upholds Punitive Damages in Police Abuse CaseA panel said that the officers' "unprovoked" assault on a Black man who had called for help, and their "elaborate" cover up of the attack, supported an award of more than $350,000 in punitives following a second jury trial on damages.
By Tom McParland
4 minute read
November 16, 2021 | Connecticut Law Tribune
2nd Circuit Upholds Connecticut Defense Verdict, Rejecting Claims of Attorney MisconductThe appeals court said that the plaintiff, an entity known as FIH LLC, had not met its "exceedingly heavy burden" of showing that supposedly improper comments to a jury had compromised the integrity of the trial.
By Tom McParland
3 minute read
November 16, 2021 | New York Law Journal
Davis Polk, Quinn Emanuel Face Off in Suit Targeting Tesla Over Warrants, Musk TweetThe dispute centers in part on a now-infamous August 2018 tweet by Tesla CEO Elon Musk, saying that he had "funding secured" for taking his firm private at $420 per share.
By Tom McParland
3 minute read
November 10, 2021 | New York Law Journal
2nd Circuit Mulls Narrow Reprieve for Teachers Challenging NYC's Vaccine MandateJudges of the U.S. Court of Appeals for the Second Circuit said they would consider an order to possibly halt a provision of the mandate for 15 individual plaintiffs until a merits panel could hear the teachers' appeal in about two to three weeks.
By Tom McParland
3 minute read
November 09, 2021 | New York Law Journal
2nd Circuit Urged to Reject Narrowed Exemptions to Pre-Pandemic Vaccine MandateAn attorney representing school districts criticized the challengers for trying to set up a new system without any review of doctors' determinations.
By Tom McParland
3 minute read
November 09, 2021 | New York Law Journal
2nd Circuit Upholds Temporary Gun Seizure From Persons Under Mental Health EvaluationThe Second Circuit panel rejected a constitutional challenge to a policy of the Suffolk County Police Department that removed firearms while owners were taken to mental health care facilities.
By Tom McParland
3 minute read
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