Federal Courts

Reidy Contracting Group v. Mt. Hawley Insurance - Insurance Coverage Dispute

The Second Circuit affirmed a district court's ruling that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling 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 on DMCA safe harbor issues.

Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust

The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed music licensing rates and revenue base definition unreasonable. The court remanded the case for further proceedings, impacting how music licensing fees are determined for concert promoters.

B.B. v. Hochul - Child Foster Care Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's foster care certification scheme, which denied relatives certification due to criminal history or child abuse reports. The court remanded for further proceedings.

SBK ART LLC v Akin Gump - 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's argument that discovery should be denied if not discoverable from the foreign client abroad.

US v. Cardenas - Cocaine Importation Conspiracy Conviction

The Second Circuit Court of Appeals 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 lack of criminal intent, remanding the case for further proceedings.

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

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning asset and liability transfers when an employer changes pension plans due to union representation changes.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA 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 the district 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 affirming a violation of the Fair Credit Reporting Act.

Kellogg v. Nichols - Concealed Carry License Case

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 over such claims due to Article III's case-or-controversy requirement.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The US Court of Appeals for the Second Circuit affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings for alleged unfair labor practices, arguing the ALJ was improperly appointed. The appellate court found no irreparable harm, thus denying the injunction.