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Channel: Family Law Category Archives — Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries Daily Opinion Summaries for the U.S. 2nd Circuit Court of Appeals by Justia
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Souratgar v. Fair

Respondent appealed the district court's grant of her husband's petition for repatriation of their son from New York to Singapore. At issue was whether respondent's affirmative defenses to repatriation...

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Sykes v. Bank of America

Plaintiff, a recipient of Supplemental Security Income (SSI) benefits, appealed from the district court's judgment sua sponte dismissing his amended complaint under 28 U.S.C. 1915(e)(2)(B). Plaintiff...

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Doe v. Whelan

Plaintiff, on behalf of herself and her three children, filed suit under 42 U.S.C. 1983 against defendants, alleging that the removal of the children from plaintiff's home without a court order...

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Hollis v. O’Driscoll

Respondent, the mother, appealed the district court's grant of petitioner's, the father, petition for the return of his daughter from New York to New Zealand under the Hague Convention on the Civil...

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Nguyen v. Holder

Petitioner, a citizen of Vietnam, sought review of an order of the BIA dismissing her appeal from a decision of the IJ, which ordered her removed and denied her petition to remove conditions placed...

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Ermini v. Vittori

Petitioner, an Italian citizen, sought the return of his two sons from the United States from their Italian citizen mother under the Hague Convention on the Civil Aspects of International Child...

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Ministers & Missionaries Benefit Bd. v. Snow

Reverend Flesher participated in benefits plans administered by the Ministers and Missionaries Benefit Board (MMBB), a New York not‐for‐profit corporation. Flesher entered into the plans while married...

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Tann v. Bennett

Petitioner, a citizen of the United Kingdom who resides in Northern Ireland, appealed from the denial of her petition filed under the International Child Abduction Remedies Act (ICARA), 22 U.S.C. 9001...

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Graziadio v. Culinary Inst. of America

After plaintiff was terminated for taking time off work to care for her sons, plaintiff filed suit against the CIA and two of her supervisors under the Family and Medical Leave Act (FMLA), 29 U.S.C....

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Souratgar v. Fair

The district court granted petitioner's request for the return of his son, the son whose custody he and respondent shared in Singapore, and the court affirmed. In this appeal, petitioner seeks an...

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Ministers & Missionaries Benefit Bd. v. Snow

Reverend Flesher participated in benefits plans administered by the Ministers and Missionaries Benefit Board (MMBB), a New York not‐for‐profit corporation. Flesher entered into the plans while married...

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Tann v. Bennett

Petitioner, a citizen of the United Kingdom who resides in Northern Ireland, appealed from the denial of her petition filed under the International Child Abduction Remedies Act (ICARA), 22 U.S.C. 9001...

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Graziadio v. Culinary Inst. of America

After plaintiff was terminated for taking time off work to care for her sons, plaintiff filed suit against the CIA and two of her supervisors under the Family and Medical Leave Act (FMLA), 29 U.S.C....

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Souratgar v. Fair

The district court granted petitioner's request for the return of his son, the son whose custody he and respondent shared in Singapore, and the court affirmed. In this appeal, petitioner seeks an...

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Jia Sheng v. MTBank Corp.

Plaintiff filed suit against MTBank, alleging violations of various state and federal statues by not allowing her to work remotely when she became pregnant. The magistrate judge ruled as a matter of...

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Coutard v. Municipal Credit Union

Plaintiff filed suit under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601 et seq., against his employer, MCU, after he was denied leave to take care of his seriously ill grandfather...

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Pollard v. The New York Methodist Hospital

Plaintiff filed suit against the Hospital under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that the Hospital terminated her illegally for taking medical leave to which she...

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Woods v. START Treatment & Recovery Centers

The Second Circuit vacated the district court's judgment in favor of defendants, agreeing with plaintiff that the district court wrongly instructed the jury that "but for" causation applied to Family...

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Shultz v. Shearith

The notice of termination itself constitutes an adverse employment action, even when the employer later rescinds the termination. The Second Circuit held that plaintiff's notice of termination in this...

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MacNeil v. Berryhill

New York's intestacy law, as it existed in 2013 at the time of the agency's final determination, did not permit children conceived posthumously to inherit via intestacy. In this case, plaintiff had...

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