2ND-CIRCUIT

Lanesborough v. Nextres, LLC - Arbitration Award Appeal

The Second Circuit Court of Appeals reviewed a district court's decision regarding an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court affirmed in part the partial confirmation of the award and the award of prejudgment interest, but vacated in part the injunction of a state-court proceeding due to potential conflict with the Anti-Injunction Act.

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

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel 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.

Broadcast Music v. Concert Promoters - Antitrust Licensing Fees

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and 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.

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 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, even though the documents sought might not be directly discoverable from the foreign client.

Second Circuit: Pension Fund Withdrawal Liability Interpretation

The Second Circuit Court of Appeals affirmed a lower court's decision, reducing Mar-Can Transportation Company's pension fund withdrawal liability by $1.8 million. The ruling clarifies the interpretation of an ERISA provision concerning the transfer of unfunded vested benefits when an employer switches pension plans due to union representation changes.

US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated

The Second Circuit Court of Appeals vacated the conviction of Jay 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.

Second Circuit Court of Appeals opinion on insurance case

Second Circuit Court of Appeals opinion on insurance case

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

The Second Circuit Court of Appeals ruled on a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims under the Fair Housing Act and Fair Credit Reporting Act.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, overturning a Tax Court decision. This decision impacts how the IRS collects these specific penalties.

US v. Jimenez - Sentence Affirmed for Felony Conviction

The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence and three years of supervised release for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release.