2ND-CIRCUIT

Court Rules on Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court remanded the case, finding the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

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

The Second Circuit 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 and shielded from removal. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

United States v. William Jimenez - Sentencing Appeal

The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed specific conditions of his supervised release and his sentence term, but the court found no abuse of discretion and upheld the appeal waiver.

Court of Appeals rules on housing discrimination case

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, impacting claims related to the Fair Housing Act and the Fair Credit Reporting Act.

NLRB v. Universal Smart Contracts, LLC - Enforcement of Subpoenas

The Second Circuit affirmed in part and dismissed in part a district court order enforcing National Labor Relations Board (NLRB) administrative subpoenas against Universal Smart Contracts, LLC, and related parties. The court found jurisdiction and venue proper but lacked jurisdiction to review the award of attorneys' fees due to a late appeal.

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 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.

Second Circuit Rules on Insurance Contract Case

The Second Circuit affirmed a district court ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley, requiring coverage for injuries sustained by workers at a construction site.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's decision in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of copyright management information claims but vacated the dismissal of copyright infringement claims, remanding for further proceedings.

Safdieh v. Commissioner - Tax Penalties 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.

United States v. Jimenez - Appeal of Sentencing Conditions

The U.S. Court of Appeals for the Second Circuit affirmed a district court's sentencing decision for William Jimenez. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were adequately supported and that Jimenez's appeal waiver barred his challenge to his imprisonment term.