2nd Circuit Court of Appeals

Broadcast Music v. Concert Promoters - Antitrust Licensing Fees

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.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failure to report foreign business control under IRC § 6038(b) through administrative assessment, overturning a Tax Court decision. This ruling impacts how the IRS collects such penalties.

United States v. William Jimenez - Appeal of Conviction Conditions

The US Court of Appeals for the Second Circuit affirmed a district court's judgment against William Jimenez. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were properly imposed and that an appeal waiver barred challenges to his sentence term.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Housing Discrimination

The Second Circuit Court of Appeals ruled on a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims of disparate impact under the Fair Housing Act and violations of the Fair Credit Reporting Act.

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

The Second Circuit Court of Appeals affirmed a district court's decision in favor of Reidy Contracting Group, holding that Mt. Hawley Insurance Company must provide additional insured coverage. The court found Reidy to be 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's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, ruling that Mar-Can is entitled to a $1.8 million reduction in its ERISA withdrawal liability. The court interpreted a key provision of ERISA concerning the transfer of unfunded vested benefits when employees switch union representation.

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 summary judgment on copyright infringement claims, remanding for further proceedings on specific factual issues.

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 affiliated healthcare facilities. The facilities sought to halt NLRB proceedings, arguing the ALJ was improperly appointed and protected from removal. The court found the plaintiffs could not demonstrate irreparable harm.

Kellogg v. Nichols - Judicial Immunity and Firearms Licensing

The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, affirming that state judges have absolute judicial immunity for decisions on firearms license applications. The court also held that Article III's case-or-controversy requirement bars federal claims for injunctive and declaratory relief against judges in their official capacities regarding these decisions.

United States v. Aryeetey - Felon in Possession of Firearm

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.