2nd Circuit Court of Appeals

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.

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

The Second Circuit Court of Appeals affirmed a lower court decision, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The ruling interprets an ambiguous ERISA provision regarding the transfer of unfunded vested benefits when employees switch unions.

Care One LLC v. NLRB - Unfair Labor Practice Proceedings

The 2nd Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction for Care One LLC and affiliated health care facilities. The facilities sought to halt NLRB proceedings, arguing the ALJ's appointment was invalid due to a lack of quorum and unconstitutional removal protections. The court found the plaintiffs could not demonstrate irreparable harm.

US v. Cardenas - Conspiracy to Import Cocaine

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 defense of lacking criminal intent, remanding the case for further proceedings.

US v. Aryeetey - Conviction and Sentence Appeal

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion regarding the admission of DNA evidence and deemed the sentence substantively reasonable.

Safdieh v. Commissioner - Tax Penalties Assessment

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 control of foreign businesses. The court vacated the Tax Court's order and remanded the case for further proceedings.

US v. Jimenez - Affirmation of Sentence for Ammunition Possession

The Second Circuit Court of Appeals affirmed a 105-month sentence for William Jimenez, who pled guilty to possessing ammunition after a felony conviction. The court upheld the district court's imposition of special conditions of supervised release, including electronic device searches and mental health counseling.

Broadcast Music Inc. v. North American Concert Promoters Assoc. - Antitrust

The 2nd Circuit Court of Appeals vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and 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.

CFHC v. CoreLogic - Fair Housing Act and FCRA Disparate Impact Case

The Second Circuit Court of Appeals ruled on a case involving the Fair Housing Act and FCRA, finding the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history. The court affirmed in part, vacated in part, and reversed in part the district court's decision.

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 found that the district court did not abuse its discretion in allowing limited discovery from Akin Gump Strauss Hauer & Feld LLP for use in proceedings in the European Union and Malta.