2nd Circuit

Mar-Can Transportation Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ambiguous ERISA provision regarding the transfer of unfunded vested benefits when employees switch unions.

US v. Cardenas - Conspiracy to Import Cocaine

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lacking criminal intent, remanding the case for further proceedings.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.

Connecticut Fair Housing Center v. CoreLogic - Fair Housing Act and FCRA

The Second Circuit Court of Appeals ruled on a lawsuit brought by the Connecticut Fair Housing Center against CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the lower court's decision regarding alleged violations of the Fair Housing Act and the Fair Credit Reporting Act.

Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The 2nd Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.

United States v. William Jimenez - Sentencing Appeal

The Second Circuit Court of Appeals affirmed the District Court's judgment in the case of United States v. William Jimenez. The court upheld the 105-month sentence and three years of supervised release, including specific conditions related to electronic device searches, community service, and mental health counseling.

Safdieh v. Commissioner - Tax Penalties Assessment

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report control of foreign businesses. This ruling allows the IRS to collect $50,000 in penalties against Joseph Safdieh through administrative assessment.

United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

Kellogg v. Nichols - Judicial Immunity and Firearms Licensing

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state judges are absolutely immune from individual-capacity suits and that federal courts lack jurisdiction for official-capacity claims against them regarding license applications.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The 2nd Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated health care facilities. The facilities sought to halt NLRB proceedings, arguing the ALJ's appointment was invalid due to a lack of quorum and unconstitutional removal protections. The court found the plaintiffs could not demonstrate irreparable harm.