The Second Circuit has made it more difficult for employers to defeat Americans with Disabilities Act (“ADA”) failure-to-accommodate claims at the summary judgment stage. In Tudor v. Whitehall Central School District, 132 F.4th 242 (2d Cir. 2025), the Second Circuit became the latest appellate court to hold that an employee’s […]
The Second Circuit recently reinforced the broad scope of the Equal Employment Opportunity Commission’s (“EEOC”) investigative authority under Title VII. In In re AAM Holding Corp., 153 F.4th 252 (2d Cir. 2025), the court held that the EEOC may continue investigating a discrimination charge, including issuing and enforcing administrative subpoenas, […]
Can a plaintiff serve a Chinese defendant by email under Federal Rule of Civil Procedure 4(f)(3)? According to the Second Circuit, the answer is “No.” In a matter of first impression with potentially significant impact on intellectual property and e-commerce litigation involving foreign sellers, the court held that service on […]
Can a court’s findings in connection with an early-stage preliminary injunction motion form the basis of a summary judgment decision later in the case? According to the Second Department, the answer is “No.” In a recent case arising from a dispute over a covenant not to compete, the appellate court […]
Business deals are sometimes struck informally, whether over a phone call, a handshake, or a quick email exchange. But when those informal arrangements fall apart and litigation follows, New York’s Statute of Frauds can prove fatal to a breach-of-contract claim. On the other hand, a plaintiff who pleads the right […]