Abascal v. Fleckenstein

Docket Number14-1591
Decision Date29 April 2016

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28 cases
  • Coty Inc. v. Excell Brands, LLC
    • United States
    • U.S. District Court — Southern District of New York
    • September 18, 2017
    ... ... 14; Pfau Direct ¶ 4)—provided no detail as to what the columns were or how the figures within the columns were calculated. See, e.g. , Abascal v. Fleckenstein , 820 F.3d 561, 566 (2d Cir. 2016) (finding that a report lacked trustworthiness in part because it "does not describe the ... ...
  • U.S. Underwriters Ins. Co. v. Itg Dev. Grp., LLC
    • United States
    • U.S. District Court — Eastern District of New York
    • March 28, 2018
    ... ... Courts, however, distinguish between statements in the report made by those with a "business duty" to report and those who do not. See Abascal v. Fleckenstein , 820 F.3d 561, 566 (2d Cir. 2016) ("A duty to report, furthermore, ‘has long been recognized as the principal means of ... ...
  • Woods v. Start Treatment & Recovery Ctrs., Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 19, 2017
    ... ... We review for abuse of discretion the district court's admission into evidence of a witness's invocation of the Fifth Amendment, Abascal v. Fleckenstein , 820 F.3d 561, 564 (2d Cir. 2016), and we review de novo the related jury instructions, United States v. Ford , 435 F.3d 204, ... ...
  • Callahan v. Wilson
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 12, 2017
    ... ... 2012). A district court abuses its discretion if it makes "an error of law or a clear error of fact." Abascal v. Fleckenstein , 820 F.3d 561, 564 (2d Cir. 2016) (internal quotation marks omitted). Upon review of the trial record, we identify no such error in ... ...
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2 books & journal articles
  • Part two: case summaries by major topics.
    • United States
    • Detention and Corrections Caselaw Quarterly No. 69, June 2017
    • June 1, 2017
    ...TO COURTS U.S. Appeals Court EVIDENCE DAMAGES Abascal v. Fleckenstein, 820 F.3d 561 (2d Cir. 2016). A state prisoner brought a pro se [section] 1983 action against corrections officers, alleging that he was deprived of meals and was physically assaulted in violation of his Eighth Amendment ......
  • Part one: complete case summaries in alphabetical order.
    • United States
    • Detention and Corrections Caselaw Quarterly No. 69, June 2017
    • June 1, 2017
    ...Food, Safety FAILURE TO PROTECT: Officer on Prisoner Assault LIABILITY: Punitive Damages USE OF FORCE: Excessive Force Abascal v. Fleckenstein, 820 F.3d 561 (2d Cir. 2016). A state prisoner brought a pro se [section] 1983 action against corrections officers, alleging that he was deprived of......