2nd Circuit Court of Appeals

Pinilla Perez v. Bondi - Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

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.

Safdieh v. Commissioner - Tax Court Decision Appeal

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failure to report foreign business control. The court vacated the Tax Court's order granting summary judgment to the taxpayer and remanded the case for further proceedings.

Duke v. Luxottica - ERISA Retirement Plan Class Action Opinion

The Second Circuit Court of Appeals ruled on a class action lawsuit alleging Luxottica's retirement plan violated ERISA by using outdated actuarial assumptions. The court held that the plaintiff has standing to seek plan reformation but not monetary payments to the plan, and that the effective vindication doctrine precludes mandatory arbitration of claims on behalf of the plan.

US v Jimenez - 105 Months Prison for Felony Ammo Possession

The Second Circuit Court of Appeals affirmed a district court's sentence of 105 months imprisonment and three years of supervised release for William Jimenez, who pleaded guilty to possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including searches of electronic devices and mandatory mental health counseling.

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 the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings.

United States v. Woods - Competency to Stand Trial

The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government determined whether to seek civil commitment. The court clarified the application of 18 U.S.C. § 4241(d)(2)(B) in cases where a defendant is found incompetent to stand trial.

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

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 removed from their parents, have standing to challenge New York's certification scheme for relative foster parents, which denied certification based on criminal history or child abuse reports. The court remanded for further proceedings.

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

The Second Circuit Court of Appeals affirmed a district court ruling that Reidy Contracting Group is an additional insured under Mt. Hawley Insurance Company's excess liability policy. The court held that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions Opinion

The Second Circuit Court of Appeals issued an opinion in Connecticut Fair Housing Center v. 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 discrimination under the Fair Housing Act and violations of the Fair Credit Reporting Act.