2nd Circuit Court of Appeals
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.
Safdieh v. Commissioner - Tax Court Summary Judgment Granted
The Second Circuit Court of Appeals vacated a Tax Court order that had granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties for failing to report control of a foreign business. The court remanded the case for further proceedings.
US v. Aryeetey - Affirmation of Conviction and Sentence
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 in admitting DNA evidence and deemed the sentence substantively reasonable.
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. ยง1782. 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.
Miller v. Lamanna - Appeal of Dismissal
The Second Circuit vacated a district court's dismissal of a former corrections officer's race 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 motion, considering only the complaint's allegations.
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 district court decision concerning claims that CoreLogic Rental Property Solutions violated the Fair Housing Act and Fair Credit Reporting Act. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but also found CoreLogic violated the FCRA regarding conservatorship documentation.
Bugliotti v. Argentina - Bondholders Sue for Defaulted Sovereign Bond Payments
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a case where bondholders sued the Republic of Argentina for defaulted sovereign bond payments. The court found that some of the bondholders' claims are timely under New York law and that they now have the authority under Argentine law to sue.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's judgment, holding that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group, LLC. The court found Reidy to be an additional insured and construed an ambiguous Employers Liability Exclusion against Mt. Hawley.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state court judges are absolutely immune from individual-capacity lawsuits and that federal courts lack jurisdiction for official-capacity claims seeking injunctive or declaratory relief due to Article III's case-or-controversy requirement.
US v. Cardenas - Cocaine Import Conspiracy Conviction Vacated
The U.S. Court of Appeals for the Second Circuit 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, remanding the case for further proceedings.
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