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Summary Judgment in Firefighter Race Discrimination Action Vacated, and Civil Rights and Criminal Matters

By FindLaw Staff on July 01, 2010 10:37 AM

College Std. Magazine v. Student Assn., No. 07-0891, involved a facial challenge under the First Amendment to a policy pursuant to which defendant university distributed funds to student groups.  The court of appeals dismissed defendants' appeal from summary judgment for plaintiffs on the ground that because the challenged policy was repealed and the plaintiffs stipulated to having summary judgment entered against them on their as-applied challenge, the case was moot.

In US v. Kaiser, No. 07-2365, the court of appeals vacated defendant's securities fraud conviction, holding that the district court erred in its instruction with respect to the conscious avoidance theory and in admitting the statement of defendant's corporation's general counsel.

Vivenzio v. City of Syracuse, No. 08-2436, concerned an action alleging racial discrimination by a city fire department.  The Second Circuit vacated summary judgment for defendants, holding that the record did not establish as a matter of law that the city's continued reliance on racial considerations in the hiring of firefighters was justified by a prior consent decree.

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