2nd Circuit Court of Appeals

McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal

The Second Circuit Court of Appeals affirmed in part and vacated in part 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.

US v. Woods - Competency to Stand Trial Ruling

The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period for competency restoration. The ruling clarifies the application of 18 U.S.C. § 4241(d)(2)(B) regarding continued hospitalization when a defendant is found incompetent to stand trial.

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.

24-149_opn.pdf

24-149_opn.pdf

Safdieh v. Commissioner - Tax Penalties

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

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.

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 companies challenged NLRB proceedings for alleged unfair labor practices, arguing the ALJ's appointment was invalid due to a non-quorum NLRB and unconstitutional protections against presidential removal. The appellate court found the plaintiffs failed to demonstrate irreparable harm.

Pinilla Perez v. Bondi - Immigration Law

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 filing deadline.

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 lower court decision concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not violate the Fair Housing Act regarding disparate impact claims, but did violate the Fair Credit Reporting Act.

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

The Second Circuit affirmed a district court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, reducing Mar-Can's ERISA withdrawal liability by $1.8 million. The ruling clarifies the interpretation of a key ERISA provision regarding the calculation of withdrawal liability when an employer changes pension plans due to union representation changes.