2nd Circuit Court of Appeals
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.
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.
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.
B.B. v. Hochul - Children's Due Process Rights in Foster Care
The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul, finding that plaintiffs (children removed from parents) have standing to sue over New York's certification scheme for relative foster parents. The court remanded for further proceedings, noting some claims were moot.
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.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review filed by Luis Peña Garcia, who sought reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act. The court affirmed the Department of Labor's decision, citing the Controlled Substances Act's classification of marijuana.
US v. Jiminez - Sentence Affirmation for Felony Conviction
The Second Circuit Court of Appeals affirmed the district court's judgment against William Jimenez, upholding his 105-month sentence for possessing ammunition after a felony conviction. The court found no abuse of discretion in the imposed special conditions of supervised release, including electronic device searches and mental health counseling.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part a lower court decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact claim under the Fair Housing Act. However, it affirmed CoreLogic violated the Fair Credit Reporting Act regarding conservatorship documentation.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals 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 found 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 foreign client.
Kellogg v. Nichols - Concealed Carry Licenses, New York
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 judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction for injunctive relief claims against them.
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