Steven J. Menashi

“We reject Richardson's arguments and AFFIRM the judgment.”

“Because Jones was not a 'prisoner' under the PLRA when he filed his lawsuit, we GRANT his motion for restoration of fees deducted from his patient account and direct the Clerk of Court to refund those fees and to cease further collections.”

“The district court correctly applied U.S.S.G. 3C1.1's obstruction enhancement to Strange's sentence and did not abuse its discretion in denying Strange U.S.S.G. 3E1.1's acceptance of responsibility reduction. We affirm the judgment of the district court.”

“We therefore vacate the term of supervised release imposed on Count One and remand to the district court for resentencing with respect to the term of supervised release imposed on that count only. We affirm the judgment of the district court in all other respects.”

“We conclude that this decision involved 'an unreasonable application' of 'clearly established Federal law, as determined by the Supreme Court of the United States.' Accordingly, we AFFIRM the judgment of the district court granting a writ of habeas corpus to Garlick.”

“Because the petitioners clearly had a right to the relief they requested and mandamus was justified to enable them to obtain that relief, we GRANTED the petition by an order issued on February 3, 2021, which noted that an opinion would be forthcoming.”

“We accordingly hold that Henry has stated a claim for a violation of the Second Amendment and reverse the district court's dismissal of Henry's claim under 42 U.S.C. 1983 as well as his claims for declaratory and injunctive relief and for legal fees. We also reverse the district court's dismissal of Henry's Monell claim ... We affirm the district court's dismissal of Henry's claim under 42 U.S.C. 1981 ... We also affirm the district court's dismissal of Henry's claims against the Nassau County Police Department and his claim for punitive damages.”

“Because the allegations in the complaint were sufficient to survive a motion to dismiss on that ground, we vacate the dismissal and remand to the district court for further proceedings.”

“In light of recent Supreme Court decisions, we DISMISS Bhaktibhai-Patel's petition for lack of jurisdiction.”

“We agree that Miller can bring a claim for breach of the express conflicted-transactions provision only in a derivative suit. However, we hold that Miller may bring a direct suit for breach of the covenant of good faith and fair dealing because that covenant is based on his individual options rights. Accordingly, we AFFIRM in part and VACATE in part the district court's judgment.”

“This court has repeatedly held that we lack jurisdiction to review the BIA's refusal to exercise its authority to reopen a case sua sponte. And Chen's motion is untimely under 1229a(c)(7)(C)(i). The petition is therefore dismissed in part and denied in part.”

“We hold that Evergreen stated a plausible claim that the labor law unconstitutionally burdens its right to expressive association. We affirm in part and reverse in part the district court's dismissal of Evergreen's complaint and remand for further proceedings consistent with this opinion.”