2nd Circuit Court of Appeals

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

The Second Circuit Court of Appeals ruled that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster care and adoption. The court reversed in part and affirmed in part the district court's dismissal, remanding for further proceedings.

United States v. Aryeetey - Felon in Possession of Firearm Appeal

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 Aryeetey's arguments regarding DNA evidence disclosure and sentence reasonableness to be unpersuasive.

Mar-Can Transp. Co. v. Pension Fund - ERISA Withdrawal Liability

The Second Circuit affirmed a district court's judgment in Mar-Can Transp. Co. v. Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the calculation of withdrawal liability when employees switch unions and pension plans.

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 facilities appealed the denial of their motion to halt NLRB proceedings for alleged unfair labor practices, citing issues with the NLRB's quorum and ALJ appointment. The court found the plaintiffs could not demonstrate irreparable harm.

Lanesborough 2000, LLC v. Nextres, LLC - Court Opinion on Arbitration Award

The Second Circuit Court of Appeals reviewed a district court's confirmation of an arbitration award between Lanesborough 2000, LLC and Nextres, LLC. The court found the contractual waiver of appeal rights ambiguous and affirmed in part, vacated in part, and remanded the case regarding an injunction of a state-court proceeding.

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 crucial to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.

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 facilities sought to halt proceedings before the NLRB, arguing the ALJ was improperly appointed and shielded from removal. The court found the plaintiffs could not demonstrate irreparable harm, thus denying the injunction.

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

The Second Circuit affirmed a lower court ruling that reduces Mar-Can Transport's ERISA withdrawal liability by $1.8 million. The decision clarifies the interpretation of "unfunded vested benefits" for multiemployer pension plans when an employer switches to a new union.

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 the respondent law firm's argument that discovery should be denied if the documents are 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, remanding the case for further proceedings.