2nd Circuit Court of Appeals

2nd Circuit Opinion on Housing Discrimination Case

The Second Circuit Court of Appeals issued an opinion in a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting claims under the Fair Housing Act and Fair Credit Reporting Act.

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

The 2nd 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.

US v. Jiminez - Affirming Sentence for Ammunition Possession

The Second Circuit Court of Appeals affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment for felony ammunition possession. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were justified and that Jimenez's appeal waiver barred his challenge to the sentence term.

Safdieh v. Commissioner - Tax Penalties Assessment Authority

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failure to report foreign business control. This decision clarifies the IRS's authority to collect penalties under I.R.C. § 6038(b) through administrative assessment rather than requiring a federal district court judgment.

US v. Aryeetey - Affirmation of Conviction and Sentence

The Second Circuit Court of Appeals 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 the admission of DNA evidence and deemed the sentence substantively reasonable.

Kellogg v. Nichols - Judicial Immunity in Firearms Licensing

The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court held that state court judges are absolutely immune from individual-capacity suits and that federal jurisdiction is barred by Article III's case-or-controversy requirement for official-capacity claims.

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-infused edibles, citing the Controlled Substances Act's classification of marijuana as a Schedule I substance.

Miller v. Lamanna - Appeal of Dismissal for Failure to State a Claim

The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) motion to dismiss, considering only the complaint's allegations.

2nd Circuit Opinion: Bondholders v. Republic of Argentina

The 2nd Circuit Court of Appeals issued an opinion in the case of bondholders suing the Republic of Argentina for defaulted principal payments. The court affirmed in part and vacated in part the district court's judgment, remanding for further proceedings regarding the timeliness and enforceability of certain bond claims.

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 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 for use in European proceedings.