Recent changes
Bugliotti v. Argentina - Bondholders Sue Over Defaulted Sovereign Bonds
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina over defaulted sovereign bonds. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have the authority under Argentine law to sue.
Miller v. Lamanna - Appeal of Rule 12(b)(6) 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) motion to dismiss, considering only the complaint's allegations.
Safdieh v. Commissioner - Tax Court 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 can assess penalties for failing to report control of a foreign business. The court remanded the case for further proceedings.
US v Jimenez - 105 Months Prison Sentence for Felony Conviction
The United States Court of Appeals for the Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment and three years of supervised release for possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including electronic device searches and mental health counseling.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case
The Second Circuit Court of Appeals decided CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the lower court's decision. 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 addressing Fair Credit Reporting Act claims.
Reidy Contracting Group, LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's judgment, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group, LLC. The court found Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and should be construed against Mt. Hawley.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit 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.
United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed
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.
US v. Cardenas - Cocaine Import Conspiracy Appeal
The US Court of Appeals for 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. The case is remanded for further proceedings.
Mar-Can Transport vs. Pension Fund - ERISA Withdrawal Liability
The Second Circuit Court of Appeals affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" under ERISA Section 1415(c) when an employer switches multiemployer pension plans due to union representation changes.
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