United States

Lanesborough v. Nextres, LLC - Arbitration Award Appeal

The Second Circuit Court of Appeals reviewed a district court's decision regarding an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court affirmed in part the partial confirmation of the award and the award of prejudgment interest, but vacated in part the injunction of a state-court proceeding due to potential conflict with the Anti-Injunction Act.

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 claims regarding false copyright management information but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.

Pinilla Perez v. Bondi - Immigration Law

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day filing deadline.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. The court remanded the case for further proceedings.

Care One LLC v. NLRB - Court Opinion on Unfair Labor Practice Proceedings

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 challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ's appointment was invalid due to a non-quorum NLRB and unconstitutional protections against presidential removal. The appellate court found the plaintiffs failed to 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 disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client.

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

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

Broadcast Music v. North American Concert Promoters - Antitrust

The Second Circuit vacated a district court's decision in Broadcast Music, Inc. v. North American Concert Promoters Association, finding the imposed 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.

United States 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.

Duke v. Luxottica - ERISA Retirement Plan Class Action

The Second Circuit Court of Appeals ruled on a class action lawsuit against Luxottica regarding its retirement plan. The court held that a former employee has standing to seek plan reformation but not monetary payments to the plan, and that the effective vindication doctrine precludes mandatory arbitration of claims on behalf of the plan.