2nd Circuit Court of Appeals

US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

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 no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

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 under 28 U.S.C. §1782 for use in foreign litigation. The court disagreed with Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client abroad.

Peña Garcia v. Department of Labor - Disability Benefits

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor, upholding the denial of reimbursement for medical cannabis edibles. The court affirmed that due to marijuana's Schedule I classification under federal law, it has no accepted medical use, precluding coverage under the Longshore and Harbor Workers' Compensation Act.

Care One LLC v NLRB - Court Opinion

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The court found that while the merits of the ultra vires claims regarding NLRB appointments and ALJ removal protections were not decided, the plaintiffs failed to demonstrate irreparable harm necessary for injunctive relief.

B.B. v. Hochul - Child Welfare Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a lower court's decision in B.B. v. Hochul. The court found that plaintiffs, children denied relative foster care placements due to criminal history or child abuse reports, have standing to sue. The ruling partially remands the case for further proceedings regarding their due process claims.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact test under the Fair Housing Act. The court also affirmed CoreLogic's violation of the Fair Credit Reporting Act.

Safdieh v. Comm'r - Tax Penalties Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. This decision impacts how the IRS collects these specific penalties.

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a District Court order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 for use in foreign litigation. Akin Gump Strauss Hauer & Feld LLP appealed, arguing the documents sought were not discoverable from their client abroad, but the court disagreed.

US v. Cardenas - Second Circuit Court of Appeals Opinion

The Second Circuit Court of Appeals vacated the conviction of Jay James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence crucial to Cardenas's defense of lacking criminal intent, remanding the case for further proceedings.

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 under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.