Courts & Legal

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates to halt unfair labor practice proceedings before the NLRB. The court found that Care One failed to demonstrate irreparable harm, despite raising constitutional challenges to the ALJ's appointment and protection.

B.B. v. Hochul - Children's Due Process Rights in Foster Care

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 fourteen children have standing to sue New York over its certification scheme for relative foster parents, which they allege violates their due process rights. The case is remanded 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 assistance under 28 U.S.C. §1782 for use in foreign litigation. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even if the documents were not directly discoverable from the client abroad.

United States v. Jimenez - Ammunition Possession Conviction Appeal

The Second Circuit affirmed a district court's judgment against William Jimenez, who appealed his conviction for possessing ammunition after a felony conviction. The court found that the appeal waiver in his plea agreement barred his challenge to his sentence, and that the district court did not abuse its discretion in imposing special conditions of supervised release.

Safdieh v. Commissioner - IRS Penalty Assessment Authority

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue has the authority to assess penalties for failure to report control of foreign businesses under I.R.C. § 6038(b). The court vacated a Tax Court order that had granted summary judgment to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.

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

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims under the Fair Housing Act and Fair Credit Reporting Act. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but it also disagreed with the district court's exclusion of certain defendants under the Fair Housing Act.

Miller v. Lamanna - Appeal of Dismissal

The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion, considering only the complaint's allegations.

Kellogg v. Nichols - Firearms Licensing Laws

The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims due to Article III's case-or-controversy requirement.

US 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.

Broadcast Music v. North American Concert Promoters - 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.