2nd Circuit Court of Appeals

Matusak v. Daminski - Excessive Force and Qualified Immunity Appeal

The Second Circuit Court of Appeals affirmed a district court's decision granting qualified immunity to two Monroe County Sheriff's Office deputies. The court found that while the jury determined excessive force was used, the officers' belief that the suspect posed a threat was objectively reasonable, and no clearly established law prohibited their actions.

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 concert promoters. The court found the imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.

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 under 28 U.S.C. §1782 in aid of foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with the firm's argument that such discovery should be limited to what is discoverable from their client abroad.

Mar-Can Transport vs Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, directing the Local 854 Pension Fund to reduce Mar-Can Transportation Company's withdrawal liability by $1.8 million. The decision clarifies the interpretation of an ERISA provision concerning the transfer of assets and liabilities when an employer switches multiemployer pension plans.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing federal law classifying marijuana as a Schedule I substance.

US v Jimenez - Ammunition Possession Conviction Affirmed

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

US v. Cardenas - Second Circuit 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 defense of lack of criminal intent. The case is remanded for further proceedings.

United States v. Aryeetey - Affirmation of Conviction and Sentence

The US Court of Appeals for the Second Circuit 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 DNA evidence disclosure and deemed the sentence substantively reasonable.

B.B. v. Hochul - Child Welfare and Due Process Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal of a case brought by fourteen children challenging New York's child certification scheme. The court found the plaintiffs have standing to sue, asserting violations of their due process rights to family integrity and freedom from harm.

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

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