2nd Circuit Court of Appeals

United States v. Aryeetey - Criminal Conviction and Sentence Appeal

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 Aryeetey's arguments regarding DNA evidence disclosure and sentence reasonableness to be unpersuasive.

Care One LLC v NLRB - Court Opinion

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 sought to halt NLRB proceedings, arguing the ALJ was unlawfully appointed and shielded from removal. The appellate court found the companies could not demonstrate irreparable harm.

Safdieh v. Commissioner of Internal Revenue - Tax Penalties

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report foreign business control. The court vacated the Tax Court's order granting summary judgment to the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.

US v. Jimenez - Appeal of Sentence Conditions

The Second Circuit affirmed a district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed three special conditions of his supervised release, but the court found they were adequately supported and that his appeal waiver barred his challenge to the imprisonment term.

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

The Second Circuit affirmed a lower court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group LLC. The court held that Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.

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

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning asset and liability transfers when an employer changes pension plans due to union representation changes.

Safdieh v. Commissioner - Tax Court Judgment Vacated

The Second Circuit Court of Appeals vacated a Tax Court order that had granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business. The court found the Commissioner can collect these penalties through administrative assessment rather than needing to go to federal district court.

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 on DMCA safe harbor issues.

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

The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part the district 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 affirming a violation of the Fair Credit Reporting Act.

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

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