Federal Courts

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, remanding the case for further proceedings.

United States v. Aryeetey - Criminal Conviction and Sentence Appeal

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel Aryeetey for being a felon in possession of a firearm. The court found Aryeetey's arguments regarding DNA evidence disclosure and sentence reasonableness to be unpersuasive.

US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated

The U.S. 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, remanding the case for further proceedings.

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

The Second Circuit affirmed a lower court ruling that Mar-Can Transport Co. is entitled to a $1.8 million reduction in withdrawal liability from the Local 854 Pension Fund. The decision clarifies the interpretation of an ERISA provision regarding asset and liability transfers when an employer withdraws from a multiemployer pension plan due to union representation changes.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case

The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part a lower court decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact claim under the Fair Housing Act. However, it affirmed CoreLogic violated the Fair Credit Reporting Act regarding conservatorship documentation.

Kellogg v. Nichols - Concealed Carry Licenses, New York

The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction for injunctive relief claims against them.

Care One LLC v NLRB - Court Opinion

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare companies sought to halt NLRB proceedings, arguing the ALJ was unlawfully appointed and shielded from removal. The appellate court found the companies could not demonstrate irreparable harm.

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 in aid of foreign litigation under 28 U.S.C. §1782. The court found that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be discoverable from the 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 denial of reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.

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

The Second Circuit Court of Appeals ruled in B.B. v. Hochul that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster parents. The court reversed in part and affirmed in part the district court's dismissal, remanding for further proceedings.