2nd Circuit Court of Appeals

Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute

The Second Circuit affirmed a district court's decision holding that Reidy Contracting Group LLC was an additional insured under Mt. Hawley Insurance Company's policy. The court found that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.

US v. Jimenez - 105 Months Prison for Ammunition Possession

The Second Circuit 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 special conditions of supervised release, including electronic device searches and mandatory mental health counseling.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. The court remanded the case for further proceedings.

Broadcast Music v. Concert Promoters - Antitrust Licensing Fees

The Second 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.

US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated

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

Second Circuit: Pension Fund Withdrawal Liability Interpretation

The Second Circuit Court of Appeals affirmed a lower court's decision, reducing Mar-Can Transportation Company's pension fund withdrawal liability by $1.8 million. The ruling clarifies the interpretation of an ERISA provision concerning the transfer of unfunded vested benefits when an employer switches pension plans due to union representation changes.

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 held that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents sought might not be directly discoverable from the foreign client.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Housing Discrimination

The Second Circuit Court of Appeals ruled on a housing discrimination case involving CoreLogic Rental Property Solutions. The court vacated in part, affirmed in part, and reversed in part the district court's decision regarding claims under the Fair Housing Act and Fair Credit Reporting Act.

Safdieh v. Commissioner - Tax Penalty Assessment

The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, overturning a Tax Court decision. This decision impacts how the IRS collects these specific penalties.

US v. Jimenez - Sentence Affirmed for Felony Conviction

The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence and three years of supervised release for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release.