2nd Circuit Court of Appeals

Broadcast Music v. North American Concert Promoters - 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 and remanded the case for further proceedings.

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.

Connecticut Fair Housing Center v. CoreLogic - Fair Housing Act and FCRA Case

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court decision concerning claims under the Fair Housing Act and Fair Credit Reporting Act. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but it also disagreed with the district court's exclusion of certain defendants under the Fair Housing Act.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates to halt unfair labor practice proceedings before the NLRB. The court found that Care One failed to demonstrate irreparable harm, despite raising constitutional challenges to the ALJ's appointment and protection.

US v. Cardenas - Cocaine Import Conspiracy Appeal

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 lacking criminal intent. The case is remanded for further proceedings.

Kellogg v. Nichols - Firearms Licensing Laws

The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's firearms licensing 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.

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.

Bugliotti v. Republic of Argentina - Bondholder Suit

The Second Circuit Court of Appeals partially affirmed and vacated a district court judgment in a bondholder suit against the Republic of Argentina. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that they now have authority under Argentine law to sue on defaulted sovereign bonds.

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.

Safdieh v. Commissioner - Tax Court Ruling on Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business under I.R.C. § 6038(b). The court vacated a Tax Court order that had prevented the Commissioner from collecting $50,000 in penalties against Joseph Safdieh through administrative assessment.