Recent changes
Reidy Contracting Group v. Mt. Hawley Insurance - Insurance Coverage Dispute
The Second Circuit affirmed a district court's decision, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy to be an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.
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.
United States v. Aryeetey - Affirmation of Conviction and Sentence
The US Court of Appeals for the Second Circuit 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 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, remanding the case for further proceedings.
Mar-Can Transport vs. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit 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 ERISA Section 1415(c) regarding the calculation of withdrawal liability when employees switch unions.
Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims against CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that while CoreLogic did not violate the Fair Housing Act, Arroyo failed to establish a prima facie case of disparate-impact discrimination.
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 affiliated health care facilities. The facilities challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed due to a lack of NLRB quorum. The appellate court found the plaintiffs could not demonstrate irreparable harm, thus affirming the lower court's decision.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals affirmed a district court's order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 to aid foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with Akin's argument that the discovery was not permissible if not directly discoverable from their foreign client.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the Department of Labor's decision that reimbursement for medicinal cannabis-infused edibles is not covered under the Longshore and Harbor Workers' Compensation Act due to marijuana's Schedule I classification under federal law.
Bugliotti v. Republic of Argentina - Sovereign Bond Payment Dispute
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a bondholder lawsuit against the Republic of Argentina. The court found that some of the bondholders' claims for over $35 million in defaulted principal payments are timely and that they now have the authority under Argentine law to sue.
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