Published opinions from 2010. The case name opens the case page.
October 7, 2010622 F.3d 104
The court vacated dismissal of DiFolco’s breach-of-contract, related New York Labor Law, and defamation claims because the emails did not establish repudiation as a matter of law and the defamation claims were prematurely dismissed.
August 17, 2010618 F.3d 162
The court held that a prisoner incurs separate strikes under 28 U.S.C. § 1915(g) when both a complaint and its appeal are independently dismissed on a listed ground. It vacated the dismissal because the district court abused its discretion by denying leave to amend despite allegations that could establish imminent…
The court vacated the district court’s judgment affirming the denial of disability benefits and remanded for further proceedings. The ALJ’s adverse credibility finding rested on a material misreading of the claimant’s statements about household activities and did not properly account for all relevant evidence.
April 29, 2010604 F.3d 110
The court affirmed the denial of Doe 3’s motion to quash a subpoena seeking his identity, concluding that the motion was nondispositive and that the district court properly reviewed the magistrate judge’s ruling for clear error.
March 15, 2010599 F.3d 102
The court affirmed the denial of Lafarge’s venue-transfer motion, the determination that the American Club Policy did not cover the barge, and the denial of Lafarge’s motion for attorneys’ fees incurred in the coverage litigation.
February 19, 2010596 F.3d 93
The Second Circuit vacated the district court's summary judgment dismissal of Diane Gorzynski's claims of a sexually hostile work environment, age discrimination under the ADEA and NYHRL, and retaliation for complaints about race, sex, and age discrimination at JetBlue's Buffalo station, and remanded for further…