2nd Circuit Court of Appeals

United States v. William Jimenez - Sentencing Appeal

The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed specific conditions of his supervised release and his sentence term, but the court found no abuse of discretion and upheld the appeal waiver.

SBK ART LLC v. Akin Gump - 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 to aid foreign litigation. The court disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client abroad.

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 and remanded the case for further proceedings.

Mar-Can Transport Co. v. 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 withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.

US v. Cardenas - Cocaine Import Conspiracy Conviction

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 relevant to Cardenas's state of mind, potentially impacting his defense.

Kellogg v. Nichols - Concealed Carry License Case

The Second Circuit Court of Appeals amended its opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges have absolute judicial immunity for decisions on license applications and that federal courts lack jurisdiction for injunctive or declaratory relief against such judges in their official capacities.

B.B. v. Hochul - Children's Foster Care Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal of a case concerning New York's child foster care certification scheme. The court found that plaintiffs, children denied placement with relatives due to criminal history or abuse reports, have standing to sue, but some claims are moot.

US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated

The U.S. Court of Appeals for the Second Circuit 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 state of mind, potentially impacting the jury's assessment of his criminal intent.

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.

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

The Second Circuit affirmed a district court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The court interpreted a key provision of ERISA concerning the transfer of unfunded vested benefits when an employer switches pension plans due to union representation changes.