2nd Circuit Court of Appeals

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, arguing the ALJ was unlawfully appointed. The court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

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

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.

US v. Cardenas - Cocaine Import Conspiracy Appeal

The U.S. Court of Appeals for the Second Circuit vacated a conviction for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to the defendant's state of mind, potentially impacting his defense. The case is remanded for further proceedings.

US v. Jimenez - 105 Months Imprisonment for Felony Conviction

The Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment and three years of supervised release for possessing ammunition after a felony conviction. Jimenez appealed the special conditions of his supervised release and his sentence, but the court found no abuse of discretion and that his appeal waiver barred his sentencing challenge.

Kellogg v. Nichols - Amended Opinion on Concealed Carry Licenses

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of claims challenging New York's concealed carry license laws. The court held that state judges have absolute judicial immunity when ruling on license applications and that federal courts lack jurisdiction for injunctive or declaratory relief against state officials in this context.

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

The Second Circuit affirmed a district court ruling that Reidy Contracting Group, LLC is an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion did not bar coverage because it was ambiguous and must be construed against Mt. Hawley.

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.

Broadcast Music, Inc. v. North American Concert Promoters Association - 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, remanding the case for further proceedings.

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

The Second Circuit affirmed a District Court ruling that reduced Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the transfer of assets and liabilities when employees switch unions, impacting how withdrawal obligations are calculated for multiemployer pension plans.

US v. Cardenas - Cocaine Import Conspiracy Conviction

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, remanding the case for further proceedings.