2nd Circuit Court of Appeals

Kellogg v. Nichols - Concealed Carry License Application Case

The Second Circuit affirmed the dismissal of a lawsuit challenging New York's concealed carry license application process. The court held that state judges are absolutely immune from individual-capacity suits and that federal courts lack jurisdiction for official-capacity claims due to Article III's case-or-controversy requirement.

Safdieh v. Commissioner - Tax Court Judgment Vacated

The Second Circuit Court of Appeals vacated a Tax Court order that granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue can assess penalties for failing to report control of a foreign business. The court remanded the case for further proceedings.

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

The Second Circuit Court of Appeals decided CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the lower 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 addressing Fair Credit Reporting Act claims.

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

The Second Circuit affirmed a District Court ruling that Mar-Can Transportation Company is entitled to a $1.8 million reduction in withdrawal liability from the Local 854 Pension Fund. The decision interprets an ERISA provision regarding asset and liability transfers when employees switch unions.

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

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul. The court found that fourteen children have standing to sue New York over its certification scheme for relative foster parents, which they allege violates their due process rights. The case is remanded for further proceedings.

Sacaza v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a lower court's denial of summary judgment for a New York City detective in a false arrest and malicious prosecution case. The court found that arguable probable cause existed, entitling the detective to qualified immunity.

GEICO v. Mayzenberg - Court Opinion on Insurance Reimbursement

The Second Circuit Court of Appeals vacated a district court judgment in favor of GEICO in GEICO v. Mayzenberg. The court remanded the case after the New York Court of Appeals clarified that an insurer cannot deny no-fault benefits based solely on alleged professional misconduct not involving the ceding of control to an unlicensed party.

Miller v. Lamanna - Appeal of Dismissal

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) dismissal motion, considering only the complaint's allegations.

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 admitting DNA evidence and deemed the sentence substantively reasonable.

Safdieh v. Commissioner - IRS Penalty Assessment Authority

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue has the authority to assess penalties for failure to report control of foreign businesses under I.R.C. § 6038(b). The court vacated a Tax Court order that had granted summary judgment to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.