2nd Circuit Court of Appeals

Miller v. Lamanna - Appeal of Dismissal

The Second Circuit vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal, considering only the complaint's allegations. The case is remanded for further proceedings.

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.

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 might not be discoverable from the client abroad.

Second Circuit Affirms Judicial Immunity in Concealed Carry License Case

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 reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims due to Article III's case-or-controversy requirement.

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.

Safdieh v. Commissioner - Tax Court Summary Judgment Appeal

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue can assess penalties for failure to report control of foreign businesses. The court vacated the Tax Court's summary judgment for the taxpayer, Joseph Safdieh, and remanded the case for further proceedings.

Bugliotti v. Republic of Argentina - Sovereign Bond Default

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a lawsuit by bondholders against the Republic of Argentina for defaulted sovereign bond payments. The court found that some of the bondholders' claims are timely under New York's COVID-era tolling provisions and that collateral estoppel does not bar all claims.

US v Jimenez - 105 Months Prison for Felony Ammo Possession

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

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

The Second Circuit affirmed a district court's decision, reducing Mar-Can Transportation Company's ERISA withdrawal liability by $1.8 million. The court interpreted a key ERISA provision regarding the transfer of unfunded vested benefits when employees switch unions, impacting how pension funds calculate withdrawal obligations.

Peña Garcia v. Director, Office of Workers' Compensation Programs - Workers' Comp

The U.S. Court of Appeals for the Second Circuit denied a petition for review, upholding a Department of Labor decision that denied reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court cited the Controlled Substances Act's classification of marijuana as a Schedule I substance.