2ND-CIRCUIT

United States v. Aryeetey - Affirmation of Conviction and Sentence

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.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of a foreign business. This ruling impacts the IRS's collection methods for penalties under I.R.C. § 6038(b).

US v. Jimenez - Appeal of Sentencing Conditions

The Second Circuit affirmed a District Court's judgment against William Jimenez, upholding his 105-month sentence and specific conditions of supervised release. The court found Jimenez's appeal waiver barred his challenge to the imprisonment term and that the special conditions were justified.

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

The Second Circuit vacated a district court's ruling in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed music licensing rates and revenue base definition unreasonable. The court remanded the case for further proceedings, impacting how music licensing fees are determined for concert promoters.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part the district court's decision in CFHC v. CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, while also affirming a violation of the Fair Credit Reporting Act.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court upheld the Department of Labor's decision not to require reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing federal law.

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

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 in aid of foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with the firm's argument that such discovery should be limited to what is discoverable from its client abroad.

US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated

The Second Circuit 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.

Mar-Can Transp. Co. v. Loc. 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a lower court ruling that Mar-Can Transportation Company is entitled to a $1.8 million reduction in its ERISA withdrawal liability. The court interpreted a key provision of ERISA concerning the transfer of unfunded vested benefits when employees switch unions.

Care One LLC v. NLRB - Court Opinion on Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, arguing the ALJ was improperly appointed due to a lack of quorum and unconstitutional removal protections. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus affirming the denial of the injunction.