2nd Circuit Court of Appeals

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

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of ERISA's Section 1415(c) regarding the transfer of unfunded vested benefits when employees switch unions.

US v. Cardenas - Court of Appeals Vacates Conviction

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. The case is remanded for further proceedings.

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 against Akin Gump Strauss Hauer & Feld LLP. The court found that the district court did not abuse its discretion in allowing discovery of documents held by a U.S. law firm, even if not directly discoverable from the foreign client abroad.

Second Circuit Opinion: Housing Dispute - Fair Housing Act & FCRA

The Second Circuit Court of Appeals issued an opinion in a housing dispute involving the Fair Housing Act and the Fair Credit Reporting Act. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental property solutions companies handle tenant screening and consumer report disclosures.

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

The Second Circuit 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 imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.

United States v. William Jimenez - Sentencing Appeal

The Second Circuit affirmed a district court's judgment sentencing William Jimenez to 105 months imprisonment for possessing ammunition after a felony conviction. The court upheld the imposition of special conditions of supervised release, including electronic device searches and mandatory mental health counseling.

Safdieh v. Commissioner - Tax Court Decision on Foreign Business Reporting Penalties

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failing to report control of foreign businesses. The court vacated the Tax Court's summary judgment for the taxpayer, Joseph Safdieh, who faced a $50,000 penalty.

United States v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

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 in admitting DNA evidence and deemed the sentence substantively reasonable.

Kellogg v. Nichols - Concealed Carry License Case Decision

The Second Circuit Court of Appeals affirmed a lower court's dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges are absolutely immune from individual-capacity lawsuits and that federal courts lack jurisdiction for official-capacity claims against them in this context.

Care One, LLC v. NLRB - 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 affiliated healthcare facilities. The facilities challenged NLRB proceedings, alleging the Administrative Law Judge was improperly appointed due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm.