2ND-CIRCUIT

GEICO v. Patel - RICO Case Decision

The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.

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

The Second Circuit Court of Appeals affirmed a lower court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, ruling that Mar-Can is entitled to a $1.8 million reduction in its withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.

Appeals Court Rules on Defendant's Trial Competency

The Second Circuit Court of Appeals affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government determined whether to seek civil commitment. The ruling clarifies the application of statutes governing competency to stand trial.

Second Circuit Rules on Loan Agreement Arbitration Violation

The Second Circuit Court of Appeals ruled on a dispute between Lanesborough 2000, LLC and Nextres, LLC regarding an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and partially affirmed the district court's judgment, while vacating the injunction of a state-court proceeding.

Safdieh v. Commissioner - Tax Court Summary Judgment Vacated

The Second Circuit Court of Appeals vacated a Tax Court order that granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties under I.R.C. § 6038(b) for failing to report foreign business control. The court remanded the case for further proceedings.

Duke v. Luxottica - ERISA Class Action Appeal

The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan under Section 502(a)(2), and that the effective vindication doctrine precludes mandatory arbitration of that claim.

US v Boria - Cocaine and Firearm Conviction Appeal

The Second Circuit Court of Appeals affirmed the conviction of Steve Boria for conspiring to distribute cocaine and possessing a firearm. Boria argued the district court erred by not sufficiently inquiring into the effects of his medication during his plea colloquy.

US v. Cardenas - Court of Appeals Decision on Cocaine Importation Conspiracy

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 Roldan's defense of lacking criminal intent, remanding the case for further proceedings.

B.B. v. Hochul - Child Welfare Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster and adoptive parents, which denied certification based on criminal history or child abuse reports. The court remanded for further proceedings.

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

The Second 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.