2nd Circuit Court of Appeals

Broadcast Music v. North American 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 the North American Concert Promoters Association (NACPA). The court found the district court imposed unreasonable rates and an expanded definition of gross revenues, remanding the case for further proceedings.

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

The Second Circuit affirmed a lower court's decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ERISA provision concerning asset and liability transfers when an employer changes union representation.

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 NLRB proceedings, arguing the ALJ was unlawfully appointed and protected from removal. The court found the plaintiffs could not demonstrate irreparable harm.

Lanesborough 2000 LLC v. Nextres LLC - Court Opinion

The Second Circuit Court of Appeals decided Lanesborough 2000 LLC v. Nextres LLC, affirming in part and vacating in part a district court's judgment on an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and remanded the case for further proceedings regarding an injunction of a state-court action.

United States v. 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 three special conditions of his supervised release, but the court found they were adequately supported by the record.

CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act and FCRA

The Second Circuit Court of Appeals ruled on a case involving alleged violations of the Fair Housing Act and the Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental screening practices are evaluated under these laws.

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

The Second Circuit affirmed a district court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group. The court found Reidy to be an additional insured under Mt. Hawley's excess liability policy issued to subcontractor Vanquish Contracting Corporation, and that the Employers Liability Exclusion did not bar coverage due to ambiguity.

US v. Cardenas - Court of Appeals Opinion

The Second Circuit Court of Appeals 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 his defense.

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 Akin Gump Strauss Hauer & Feld LLP's argument that discovery should be denied if not discoverable from the foreign client.

Duke v. Luxottica - ERISA Retirement Plan Class Action

The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica, concerning allegations of outdated actuarial assumptions in calculating retirement plan benefits. The court affirmed the plaintiff's standing for plan reformation but reversed the monetary payment claim, and held that the effective vindication doctrine precludes mandatory arbitration for claims on behalf of the plan.