Federal Courts

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, remanding the case for further proceedings.

Care One LLC v NLRB - Court Opinion

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The court found that while the merits of the ultra vires claims regarding NLRB appointments and ALJ removal protections were not decided, the plaintiffs failed to demonstrate irreparable harm necessary for injunctive relief.

US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

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 no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

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 under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client abroad.

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.

US v. Jimenez - 105 Months Imprisonment for Felony Conviction

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. Jimenez appealed the special conditions of his supervised release and his sentence, but the court found no abuse of discretion and that his appeal waiver barred his sentencing challenge.

Reidy Contracting Group, LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute

The Second Circuit affirmed a district court ruling that Reidy Contracting Group, LLC is an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion did not bar coverage because it was ambiguous and must be construed against Mt. Hawley.

Kellogg v. Nichols - Amended Opinion on Concealed Carry Licenses

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of claims challenging New York's concealed carry license laws. The court held that state judges have absolute judicial immunity when ruling on license applications and that federal courts lack jurisdiction for injunctive or declaratory relief against state officials in this context.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning CoreLogic Rental Property Solutions. 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 test under the Fair Housing Act. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.

Peña Garcia v. Department of Labor - Disability Benefits

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor, upholding the denial of reimbursement for medical cannabis edibles. The court affirmed that due to marijuana's Schedule I classification under federal law, it has no accepted medical use, precluding coverage under the Longshore and Harbor Workers' Compensation Act.