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 and remanded the case for further proceedings.

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

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning alleged violations of the Fair Housing Act and Fair Credit Reporting Act by 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 claim.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings for alleged unfair labor practices, arguing the NLRB lacked a lawful quorum and the ALJ's appointment was unconstitutional. The court found the plaintiffs could not demonstrate irreparable harm.

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 in aid of foreign litigation under 28 U.S.C. §1782. 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 - 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 products under the Longshore and Harbor Workers' Compensation Act, citing federal law classifying marijuana as a Schedule I substance.

Lanesborough 2000 LLC v. Nextres LLC - Appeal of Arbitration Award

The Second Circuit Court of Appeals ruled on an appeal concerning an arbitration award between Lanesborough 2000 LLC and Nextres LLC. The court found the waiver of appeal rights in the arbitration agreement ambiguous and partially affirmed the district court's judgment, while vacating another part related to an injunction of state-court proceedings.

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals partially affirmed and partially vacated a lower court's decision in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings on specific factual issues.

Second Circuit Rules on Mt. Hawley Insurance Appeal

The Second Circuit Court of Appeals affirmed a district court's decision, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group, LLC. The court found Reidy to be an additional insured and that the Employers Liability Exclusion did not bar coverage.

United States v. Jimenez - Appeal of Sentencing Conditions

The Second Circuit Court of Appeals affirmed a district court's sentencing decision for William Jimenez, who pleaded guilty to possessing ammunition after a felony conviction. The court upheld the imposition of special conditions of supervised release, including searches of electronic devices and mandatory mental health counseling.

Safdieh v. Commissioner - Tax Court Summary Judgment Granted

The Second Circuit Court of Appeals vacated a Tax Court order that granted summary judgment to Joseph Safdieh. The court held that the Commissioner of Internal Revenue may assess penalties under I.R.C. § 6038(b) for failing to report control of a foreign business, reversing the Tax Court's ruling that required the Commissioner to seek penalties in federal district court.