New York Law and Second Circuit Update

Cory Morris maintains and posts these case briefs for educational purposes only - this blog should not be construed as offering legal advice.

Improper Pleading Results in Appeal; Occupy Wall Street Case Remanded for Excessive Force Claim

Violation of Wife's Due Process Rights did not Confer Standing to Husband - Drugs receovered from wi

Police Entitled to Qualified Immunity - It was not Clearly Established law that Police can’t knock a

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Prisoner held three weeks after he was due to be released is awarded $35,000

Court denies dismissal of DWI Charges - Not in the Interests of Justice

Reducing the term of supervised release can satisfy Article III’s case‐or‐controversy requirement

NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do

A plaintiff has a 42 U.S.C. §1981 cause of action for retaliation against a superior if she or he wa

ACLU’s request denied – although the Freedom of Information Act was to “ensure an informed citizenry

Article 78 Proceeding was premature – although significantly delayed, no final determination was iss

Motion for Summary Judgment Granted – Failure to produce clean boxer results in Breach of Contract

General Counsel’s motion to dismiss denied – Plaintiff stated a claim against Employer's General Cou

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Improper Pleading Results in Appeal; Occupy Wall Street Case Remanded for Excessive Force Claim

Violation of Wife's Due Process Rights did not Confer Standing to Husband - Drugs receovered from wi

Police Entitled to Qualified Immunity - It was not Clearly Established law that Police can’t knock a

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Prisoner held three weeks after he was due to be released is awarded $35,000

Court denies dismissal of DWI Charges - Not in the Interests of Justice

Reducing the term of supervised release can satisfy Article III’s case‐or‐controversy requirement

NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do

A plaintiff has a 42 U.S.C. §1981 cause of action for retaliation against a superior if she or he wa

ACLU’s request denied – although the Freedom of Information Act was to “ensure an informed citizenry

Article 78 Proceeding was premature – although significantly delayed, no final determination was iss

Motion for Summary Judgment Granted – Failure to produce clean boxer results in Breach of Contract

General Counsel’s motion to dismiss denied – Plaintiff stated a claim against Employer's General Cou

NY Injury: Reasonable Supervision of Child

Murder Indictment Dismissed, Grand Jury Impaired

Criminal Defense Appeal, Sexual Touching Dismissed

Suffolk, NY Harassment Dismissed; Arrest without Authority

Acquittal - Freak Traffic Accident not Criminal

NY License Suspension Article 78, License Reinstated

NY, Suffolk County Driving Under Influence (DWI) Appeal

NY Traffic Tickets Dismissed

Defense to Order of Protection Violation requires Trial

Driving While Intoxicated, DWI Dismissed, Speedy Trial

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